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Saturday, December 01, 2001

D. Bunning will have day before panel


Federal-court nominee to face judiciary committee

By Patrick Crowley
The Cincinnati Enquirer

        COVINGTON — Federal judge nominee David Bunning has a date with the U.S. Senate Judiciary Committee.

        Mr. Bunning, an assistant U.S. Attorney from Fort Thomas and the son of U.S. Senator Jim Bunning, will appear before the Senate committee Dec. 10 in Washington, committee spokeswoman Mimi Devlin said Friday.

        Testimony before the committee is expected to last less than a day, Ms. Devlin said.

        The committee won't vote that day on Mr. Bunning's nomination. But the vote could come as early as Dec. 13, she said. Ultimately Mr. Bunning's nomination must be confirmed by the Democratic controlled Senate.

        Mr. Bunning, a Republican, did not return a phone call Friday to comment.

        The senior Mr. Bunning, of Southgate, and Kentucky's other U.S. Senator, Republican Mitch McConnell of Louisville, recommended David Bunning to President Bush, who nominated him in August for the federal bench seat being vacated by retiring Federal District Judge William O. Bertelsman.

        David Bunning is a 35-year-old assistant U.S. attorney in the Eastern District of Kentucky. His appointment to the federal bench would be for life.

        In October, David Bunning was rated “unqualified” to serve as a federal judge by a majority of the American Bar Association's Standing Committee on Federal Judiciary, a panel of lawyers that reviews the qualifications of federal judge nominees.

        In a report to Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., the ABA committee did not specify why David Bunning was rated unqualified. But it could be because of his experience level.

        The ABA recommends at least 12 years of practice for a lawyer to be considered qualified for the federal bench. Mr. Bunning has practiced for 10 years.

        The Bar Association's recommendations are just that — recommendations — and are not binding upon the committee.

        Family, friends and colleagues are expected to accompany Mr. Bunning to Washington for his hearing.

        There are people supportive of Mr. Bunning's nomination scheduled to address the committee, but Ms. Devlin did not have the names of those scheduled to testify.

       



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