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  • December 15, 2009

    Senate Judiciary Committee recommends approval of Conley nomination

    Adam Korbitz

    Dec. 15, 2009 – The Senate Judiciary Committee has voted unanimously to recommend confirmation of President Barack Obama’s nomination of Madison attorney William Conley to replace Judge Barbara Crabb in the Western District of Wisconsin.

    In October, President Obama nominated Conley to replace Judge Crabb, who is taking senior status. The committee’s Dec. 10 vote forwards Conley’s nomination to the full Senate for a confirmation vote.

    In August, Conley was one of three individuals advanced for the President’s consideration by U.S. Senators Herb Kohl and Russ Feingold from among six candidates recommended in June by Wisconsin’s Federal Nominating Commission.

    Both Senators Kohl and Feingold serve on the Senate Judiciary Committee.

    According to the White House, Conley is a partner in the law firm Foley & Lardner LLP, where he specializes in commercial litigation, appellate and antitrust law. He received his B.A. and his J.D. from the University of Wisconsin at Madison in 1978 and 1982. After graduating from law school, he clerked for Judge Thomas Fairchild on the Seventh Circuit. The American Bar Association gave Conley a unanimous rating of “well qualified” for the position.

    When President Obama nominated Conley in October, Senator Kohl said, “Bill Conley has a solid legal background, a sharp intellect and a depth of experience with our country’s judicial system. He will bring those same talents to his role as a federal judge, and I look forward to his confirmation by the Senate.”

    “I congratulate Bill Conley on his nomination and look forward to helping move his nomination through the Senate,” Senator Feingold added. “His impressive legal credentials make him well qualified to fill this seat and his 25 years of experience in private practice will ensure the people of Western Wisconsin are well served.  And I am once again pleased Wisconsin’s collaborative process of judicial selection has produced another fine nominee.”

    Commission membership and activities in 2009

    On March 31, 2009, Kohl and Feingold activated the Federal Nominating Commission to fill the vacancy created by the Judge Barbara Crabb’s decision to take senior status in the Western District of Wisconsin. On April 1, the commission issued a call for applications for the position and 21 individuals applied to replace Judge Crabb. On June 8, the commission announced its list of six recommended candidates to replace Judge Crabb.

    For openings in the Western District of Wisconsin and on the Seventh Circuit Court of Appeals, the commission was chaired this year by University of Wisconsin Law School Dean Kenneth Davis. For the Eastern District of Wisconsin, the commission was chaired by Marquette University Law School Professor Michael O’Hear.

    Pursuant to the commission’s charter, Kohl appointed four attorneys to this year’s commission: Stephen Glynn and Nathan Fishbach, both of Milwaukee, Christine Bremer Muggli, of Wausau, and Michelle Behnke, of Madison. Feingold also appointed four attorneys: Ken Calewarts of Green Bay, Chuck Curtis of Madison, Peg Lautenschlager of Fond du Lac, and Harvey Temkin of Madison.

    This year’s commission was rounded out by attorneys Susan Hansen of Milwaukee and Thomas Sleik of La Crosse, both appointed by Diane Diel, who at the time was president of the State Bar of Wisconsin.

    Staff support for the commission was provided by the State Bar’s government relations team.

    In addition to the Western District judicial position formerly held by Judge Crabb, the commission this year recommended candidates for four other vacant federal positions subject to presidential appointment, including a vacancy on the Seventh Circuit Court of Appeals in Chicago, the judicial seat in the Western District of Wisconsin formerly held by retired Judge John Shabaz, and the U.S. attorney positions for both the Western and Eastern districts.

    Commission history

    The Wisconsin Federal Nominating Commission has been making recommendations to Wisconsin’s United States senators since 1979.

    According to Article II, Section 2 of the United States Constitution, the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint" federal judges. The president also appoints United States attorneys. By tradition, the president defers to the recommendations of the home state’s U.S. senators for these positions.

    In 1979, Wisconsin’s two United States senators, William Proxmire and Gaylord Nelson, established the Wisconsin Federal Nominating Commission, a tradition that has continued to the present day under Kohl and Feingold. Democratic and Republican senators have used the commission for every federal judicial and U.S. attorney vacancy in the past 30 years, under both Republican and Democratic administrations.

    By Adam Korbitz, Government Relations Coordinator, State Bar of Wisconsin

    Related articles:

    President nominates James Santelle as U.S. Attorney for Eastern District of Wisconsin – Dec. 1, 2009
    Federal Nominating Commission concludes busy year – Nov. 16, 2009
    Commission makes recommendations for United States Court of Appeals for the Seventh Circuit – Nov. 16, 2009
    Federal Nominating Commission receives 11 applications for vacancy on Court of Appeals for the Seventh Circuit – Sept. 29, 2009
    Federal Nominating Commission seeks applicants for vacancy on Court of Appeals for the Seventh Circuit – Sept. 1, 2009
    Kohl, Feingold announce activation of Wisconsin Federal Nominating Commission – Aug. 6, 2009
    Commission makes recommendations for United States Attorney for the Western District of Wisconsin – July 15, 2009
    Commission makes recommendations for United States District Court for the Western District of Wisconsin – June 8, 2009
    Nominating commission receives 6 applications for United States Attorney vacancy in Western District – May 19, 2009
    Federal Nominating Commission Seeks Applicants for United States Attorney for the Western District of Wisconsin – April 29, 2009
    Nominating Commission Receives 21 Applications for Second Federal Judgeship Vacancy in Western District – April 22, 2009
    Federal Nominating Commission Seeks Applicants for Second Judicial Vacancy in Western District of Wisconsin – April 1, 2009
    Kohl, Feingold Announce Activation Of Wisconsin Federal Nominating Commission – March 31, 2009
    Commission makes recommendations for United States District Court for the Western District of Wisconsin – March 30, 2009
    Commission makes recommendations for United States Attorney for the Eastern District of Wisconsin – March 23, 2009
    Nominating commission receives 10 applications for United States Attorney vacancy in Eastern District – March 3, 2009
    Nominating commission receives 13 applications for federal judgeship vacancy in Western District – March 3, 2009
    Applicants for United States Attorney for the Eastern District of Wisconsin – Feb. 11, 2009
    Applicants for Judicial Vacancy in the Western District of Wisconsin – Feb. 11, 2009
    Senators Kohl and Feingold activate Wisconsin Federal Nominating Commission – Jan. 28, 2009

      RotundaReport

    Rotunda Report is the State Bar of Wisconsin’s Government Relations e-newsletter that highlights legislative, judicial, and administrative developments that impact the legal profession and the justice system. It is published twice a month and is distributed free to attorneys, public officials and others who help shape public policy in Wisconsin. We invite your suggestions to make the Rotunda Report more informative and useful and we encourage you to visit our Web site for the most current information about justice-related issues.

    © 2009, State Bar of Wisconsin


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