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Judge Shabaz sends resignation to Bush - again
(Wisconsin State Journal, The Via Acquire Media NewsEdge) Jan. 5--U.S. District Judge John Shabaz has again tendered his resignation to President George W. Bush, this time without a promise to remain on the bench until his successor is chosen.
Shabaz, 77, who has been on the bench in the federal court's Madison-based Western District of Wisconsin for more than 27 years, had announced his retirement from the bench in October 2007, but in his retirement letter to Bush said he would continue to serve until his successor could take over.
Shabaz continued to work through early 2008 while nominations were gathered to eventually present to Bush. But in February, citing a shoulder injury, Shabaz took a medical leave and has not returned to the bench since.
In September, Bush nominated Waukesha County Circuit Judge J. Mac Davis, a former Republican legislator, to succeed Shabaz, but his confirmation never came to a vote before the Democrat-led Senate before it adjourned. Even at the time of his nomination, Davis faced long odds that he would ever get confirmation.
In a brief letter dated Dec. 23 and posted last week on the U.S. District Court's Web site, Shabaz wrote to Bush that he intends to retire to senior status as of Jan. 20. That's the day that Barack Obama is scheduled to be sworn in as the nation's 44th president.
The nomination process will probably start over, with the Federal Nomination Commission recommending candidates to Sens. Russ Feingold and Herb Kohl, who will in turn recommend a nominee to Obama. The president's pick would then require Senate confirmation.
Peter Oppeneer, the Western District's clerk of court, said in the meantime the court will continue to get by with one judge, U.S. District Judge Barbara Crabb, and that U.S. Magistrate Judge Stephen Crocker will also continue to take some civil cases. The clerk of court also typically acts as a magistrate judge on occasion, but Oppeneer said he has not been installed yet as a magistrate.
Oppeneer also said it's possible that the Western District may continue to get help from judges in other federal court districts, particularly the Milwaukee-based Eastern District of Wisconsin, until a replacement for Shabaz is sworn in.
To see more of The Wisconsin State Journal, or to subscribe to the newspaper, go to http://www.wisconsinstatejournal.com.
Copyright (c) 2009, The Wisconsin State Journal
Distributed by McClatchy-Tribune Information Services.
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