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State's new U.S. attorneys selection process starting
Monday, July 13, 2009

Throughout the last presidential administration, the role of the federal prosecutor brought a tremendous amount of public scrutiny.

Nationally, there was the scandal of several top prosecutors being removed from office by Republicans in charge of President George W. Bush's Justice Department, allegedly for political reasons.

Locally, U.S. Attorney Mary Beth Buchanan has been accused of bringing a number of high-profile cases both to make a name for herself and for political motives since they often involved Democrats.

But when a panel meets on Friday in Harrisburg to interview more than 40 potential candidates for the three U.S. attorney positions in Pennsylvania, it is likely that politics will not even enter the discussion.

"I did not detect that politics played any role," said attorney Paul Titus, who has served on state committees to name both federal prosecutors and judges. "We tried to purposely stay away from that. We wanted to come up with the best names for the position."

Woodruff H. Turner, who chaired the judicial nominating committee from 1994 to 2008, agreed.

"Our job was to evaluate the legal ability of these people," Mr. Turner said. "Political questions are for the senators after the panel completes its work."

As has been done for many years in Pennsylvania, interviews will be conducted by a panel of people chosen by the state's two U.S. senators. This year, the panel will include 16 members, including those from the legal profession and lay people. Their names have not been released.

Following the interviews that will be held throughout the day, the panel will give Sens. Bob Casey and Arlen Specter the names of finalists for each spot in the Western, Middle and Eastern districts of Pennsylvania.

The senators will then work with the White House to select the nominees. Mr. Specter has said that he expects that would follow within a few weeks.

Ultimately the appointment will come from President Barack Obama.

Among those believed to be applying to become U.S. attorney for the Western District of Pennsylvania are: Allegheny County Deputy District Attorney Bruce Beemer; Attorney Efrem M. Grail with Reed Smith LLP; Attorney David Hickton of Burns, White & Hickton; and Assistant U.S. Attorneys Stephen R. Kaufman and Tina O. Miller.

There are likely several other candidates, but their names have not been released.

Whomever is selected would replace Ms. Buchanan, appointed by Mr. Bush in September 2001, and would be responsible for implementing whatever prosecutorial priorities are determined by Attorney General Eric Holder and the Obama administration.

Typical questions for U.S. attorney applicants deal with qualifications, legal ability and attitudes toward public service, Mr. Titus said.

There is no set pattern for questions, and it simply depends on who's asking, Mr. Turner said.

"It's totally an open floor."

While having some prosecutorial experience is valuable, Mr. Titus said, he doesn't believe that career prosecutors necessarily have a leg up.

"I think some prosecutorial experience is helpful. A good candidate is also someone who has gone into private practice."

In the past, he said, interviews took place over two rounds, and every person who applied for a position went before the panel.

Besides the interviews, the committee members will have reviewed a lengthy, 30-question application, as well as candidates' resumes and any legal briefs or opinions they've attached.

"Sometimes an individual application could be 5 inches thick," Mr. Turner said.

"Typically, the committee interviews each candidate for 20 to 40 minutes, excuses itself and then rates the applicant."

The ratings are confidential, Mr. Titus said.

Unlike in Florida -- where the names of U.S. attorney candidates are released and interviews are open to the public -- in Pennsylvania, the process is relatively secretive.

"Often, practicing lawyers don't want their law firms or clients to know they're a candidate," Mr. Titus said. "Many of them feel it could cause concern."

Mr. Turner agreed.

"For these jobs, generally, we have anywhere from 30 to 60 people apply," he said. "If they thought their names would be publicized, they would never even apply."

He believes that Pennsylvania's nomination system is a good one.

"I can't see what a public session would add to the process," Mr. Turner said.

Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
First published on July 13, 2009 at 12:00 am
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