Senate should fill Nevada federal court vacancies swiftly

This month, Judge Larry Hicks of the U.S. District Court for the District of Nevada assumes senior status after 11 years on the bench. His decision means that the court has vacancies in three of seven judgeships, which can erode the delivery of justice.

To bring the district to full strength, the Senate must swiftly confirm President Barack Obama's three Nevada nominees.

The openings are critical because district judges resolve most cases, and appeals courts uphold 80 percent of their determinations. President Obama has consistently pursued advice from Democratic and Republican home-state politicians before nominations, proposing nominees of even temperament, who are intelligent, ethical, hard working and independent as well as diverse in terms of ethnicity, gender and ideology. He should continue cooperating with Sen. Patrick Leahy, D-Vt., the Judiciary Committee chair, who arranges hearings and votes, Sen. Harry Reid, D-Nev., the majority leader, who schedules floor debates and votes, and their Republican analogues to facilitate confirmation.

In early 2012, Sen. Reid tendered Judge Elissa Cadish, a well-respected Clark County District Judge whom the ABA rated qualified for the vacancy that arose when Judge Philip Pro assumed senior status a year ago. On Feb. 16, President Obama nominated Cadish.

However, Sen. Dean Heller, R-Nev., prevented Senate review, stating that he could not "support a nominee whose commitment to the Constitution's Second Amendment is in doubt." Sen. Heller premised opposition on Cadish's response to a 2008 judicial election campaign questionnaire. Last week, his spokeswoman stated that Heller's position remains unchanged.

Because Judge Cadish observed that her answer correctly reflected the law's uncertain status when given, Sen. Heller should swiftly allow Judge Cadish's Senate consideration or at least a hearing, so she might explain. The chamber should then speedily process her. On Monday, Sen. Reid reiterated that she was at the "top of the list" for a federal judgeship, expressed hope "we can work something out on her" and "indicated he plans to propose Cadish again next year," if the chamber adjourns without considering her.

Sen. Reid also rapidly suggested prospects for the openings created by Judge Kent Dawson's July assumption of senior status and Judge Hicks' identical action this month. On Sept. 19, Mr. Obama quickly nominated Andrew Gordon, who has practiced at the McDonald Carano law firm for 18 years, to Dawson's seat, and Jennifer Dorsey, who has practiced at the Kemp Jones law firm for 15 years, to Hicks' post.

The Judiciary Committee swiftly arranged Gordon's Dec. 12 hearing, which Sens. Reid and Heller attended, voicing enthusiastic support for the nominee. The panel has yet to set Dorsey's hearing because Sen. Heller has not completed his review. Once Sen. Heller does so, and if he agrees to Dorsey's Senate evaluation, she merits a rapid hearing. The committee should then promptly vote on the nominees, while the full Senate must vote soon thereafter.

A few reasons compel expeditiously filling the three Nevada openings. First, the district's jurists have long labored under enormous case loads, which phenomenal growth and recent economic difficulties fueled. Second, vacancies in three of seven active judgeships are crucial.

Functioning absent two-fifths of the judicial contingent places unnecessary pressure on the remaining jurists and frustrates swift, economical and fair case disposition.

Third, the presidential election year stalled appointments, additionally delaying confirmations. Judge Hicks' assumption of senior status exacerbates the problems which delayed appointments create.

Because vacancies in 43 percent of Nevada District positions undercut justice, senators must soon confirm excellent judges for the court.

Carl Tobias is the Williams Chair in Law, University of Richmond, and was a founding faculty member at UNLV's Boyd Law School.