COVINGTON — With a hand on the Bible and his family at his side, Fort Thomas resident David Bunning was ceremonially sworn in Wednesday as Kentucky's newest federal judge.

        Judge Bunning, 35, the son of Kentucky U.S. Sen. Jim Bunning, took the actual oath of office for the lifetime judicial appointment in a private ceremony last month in Lexington.

        Nominated last year by President Bush and confirmed earlier this year by the U.S. Senate, Judge Bunning will serve in U.S. District Court for the Eastern District of Kentucky, hearing cases in Covington and Pikeville.

David Bunning (left) is hushed by his son Lou, 4, as he talks with his father, Sen. Jim Bunning, Wednesday before his swearing-in ceremony in Covington. (Steven M. Herppich photo) | ZOOM |

        U.S. District Judge Karl S. Forester of Lexington administered the oath Wednesday in a courtroom at the Federal Courthouse in Covington packed with Judge Bunning's family, friends, supporters and colleagues.

        Judge Bunning's wife, Kay, and two of their three children — Laura, 6 and Lou, 4 — stood by him during the brief swearing-in ceremony. One-year-old Emily did not make the event.

        After putting on his black robe and taking a seat next to the man he is replacing — retiring Judge William O. Bertelsman — Judge Bunning received two thumbs up from his twin sister, Amy Towles of Fort Thomas.

        During remarks to the gathering, Judge Bunning thanked members of his family, President Bush for nominating him, his former colleagues in the U.S. Attorney's Office in Covington, where he worked for a decade as an assistant U.S. attorney; and the federal judges and lawyers who supported him during his somewhat contentious confirmation process.

        He offered special gratitude to his father and mother, Mary Bunning.

        “To my parents ... thank you for giving me a blue-collar work ethic and teaching me that if you work hard you can achieve anything,” Judge Bunning said.

        Jim Bunning, a Southgate Republican, fought back tears in describing the emotions he and his wife were feeling as they watched the youngest of their nine children take the oath of office.

        “As you can imagine, it's an incredible proud day for us,” Mr. Bunning, a Major League Baseball Hall of Famer, said. “Our children have given us a lot of special days. This has to rank up at the top.”

        But he also took a stab at levity.

        “If he gets the big head, he'll have his mom to worry about,” Jim Bunning said.

        “In all seriousness, I know in my heart that he is going to be fair and balanced.”

        Judge Bunning is a graduate of Newport Central Catholic High School, the University of Kentucky and the University of Kentucky Law School.

        Mr. Bunning and Kentucky's other U.S. senator, Republican Mitch McConnell of Louisville, recommended that President Bush nominate David Bunning for the federal bench.

        During a Dec. 10 hearing on the nomination before the Senate Judiciary Committee in Washington, David Bunning received some criticism. He was rated “not qualified” by the American Bar Association's judiciary committee, which determined Mr. Bunning didn't have the experience to serve as a federal judge.

        But during Mr. Bunning's hearing, one ABA lawyer who investigated Mr. Bunning's background questioned his experience and educational credentials, while a second ABA lawyer, Judah Best, said he was qualified.

        “If it weren't for the courage of Judah Best,” Jim Bunning said, “we might not be here today.”

        David Bunning's nomination was also buoyed by the testimony of three federal district judges from the Eastern District of Kentucky who spoke on his behalf: Judge Forester; Judge Henry Wilhoit, the senior federal judge in the Eastern District; and Judge Joseph Hood.

        All three attended Wednesday's ceremony.

        Ultimately, David Bunning received unanimous votes of confirmation by the Senate Judiciary Committee and the full Senate.

        Mr. McConnell said Mr. Bunning distinguished himself during his testimony before the committee.

        “Without a single note and in a situation of some tension, David Bunning showed great skill and great intelligence,” Mr. McConnell said. “He will be an outstanding federal district judge.”

        The ceremony also was the first court proceeding for U.S. Marshal John Schickel. The former Boone County jailer was nominated for the post by Mr. Bush and was confirmed in late January by the Senate.

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