I had a discussion with a fellow lawyer today who is active in politics and the Democratic Party about possible new judges should a Democrat get elected President next fall.
The thinking is that Federal District Judges Lawrence Piersol and Charles Kornmann—both Bill Clinton appointees—might decide to step down for fellow Democrats.
And who would be on that list?
Retiring Minnehaha County States Attorney Dave Nelson and former state legislator Linda Lea Viken from Rapid City.
Others?
When Judge Karen Schreier was nominated by President Clinton, Gene Lebrun, the last Democrat to serve as speaker of the South Dakota House and Rapid City attorney Gary Jensen were considered.
Should State Senate Minority Leader Scott Heidepriem take a pass or lose a race for Governor in 2010, I could see him being in the running under a President Clinton/Edwards/Obama/Dodd/Biden/player to be named later.
Dave Nelson was also mentioned as a possible South Dakota Supreme Court Justice when Justice Richard Sabers reaches mandatory retirement age in a few years. I dismissed this as Dave is a Democrat but my fellow attorney says Dave is also liked in Republican circles. The other possible nominee is former Attorney General and current Circuit Judge Mark Barnett.
Should a Republican win the Presidency, however, it could change the federal judges’ retirement plans.
As the Bush administration reminds us, appointing judges and justices is no small matter.