Confirmation of judge bypasses ABA’s objection

Published 12:00 am Monday, March 4, 2002

After months of delay, the U.S. Senate recently unanimously confirmed David Bunning as a federal judge for Kentuckys Eastern District. For the first time since before George W. Bush became president, the Eastern District of Kentucky has a full complement of judges. President Bush nominated Bunning last fall, along with Karen Caldwell and Danny Reeves, to fill the three vacancies in the Eastern District. Two of those vacancies were created when judges took senior status. The third represents a new judicial seat for the district. Caldwell, the best known and most qualified for the three nominees, was confirmed by the Senate in October, and Reeves, a longtime Lexington attorney, was confirmed in December. Bunning was the most controversial of the three nominees. One reason is his lack of experience, having served for the past 10 years as an assistant U.S. attorney in the Eastern District and lacking the 12 years as an attorney that the American Bar Association deems necessary for a federal judge. Of course, the fact that David Bunning is the son of U.S. Sen. Jim Bunning also raised more than a few eyebrows. Regardless of his skills as an attorney, one wonders if the younger Bunning would have ever been considered for the lifetime post if not for his influential father. Citing the younger Bunnings lack of experience, the ABA deemed him unqualified for the judicial post, but President Bush announced early in his administration that he would not heed the recommendations of the ABA in making judicial appointments. Like many Republicans, the president believes the ABAs recommendations often are skewed by its political leanings. In the end, the ABAs unqualified rating did no more than delay Bunnings confirmation. The fact that Bunning was approved by the Senate without dissent is evidence that he was able to convince both liberals and conservatives in that body that he can be an able judge. Bunnings qualifications for the job are now a moot point. Kentuckys newest federal judge who mainly will preside over cases in Covington is at an age where he could serve on the federal bench for 30 or more years. From all accounts, he has been a highly effective prosecutor with the potential for being an able judge. For the cause of justice in this region, heres hoping that potential is fully realized. The Daily Independent, Ashland

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