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Bush's Florida Judicial Nominees Face Uncertainty

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By BILLY HOUSE

The Tampa Tribune

Published: September 25, 2008

WASHINGTON - President Bush's nominees to be the next U.S. attorney for Florida's Middle District and to fill a U.S. district judgeship for the area won approval Thursday from the Senate Committee on the Judiciary.

But when or whether the Senate will take final action remained uncertain.

The nominations of A. Brian Albritton of Tampa for U.S. attorney and Tampa-based Magistrate Judge Mary Scriven to district judge both received the committee's unanimous consent without comment.

Their names were then placed on the Senate's executive agenda for final action. But the Senate, as well as the House, is focused on the nation's economic crisis and getting agreement on a Wall Street bailout plan.

Once that is accomplished, the Senate has signaled it will either recess until after the Nov. 4 election or adjourn its two-year session altogether. Any still-pending nominations could either be approved after a recess, or if not before December, not at all.

The Middle District of Florida, one of the nation's largest federal judicial districts, extends from the Georgia border in northeast Florida to south of Naples.

The later the confirmation process goes into this year, the more Albritton's nomination, especially, could be in trouble, says Carl Tobias, a professor of law at the University of Richmond.

"In a presidential election year, nominees are usually not confirmed after the [political] conventions," said Tobias, referring to what has become known as "the Thurmond rule," for late South Carolina Sen. Strom Thurmond.

The reason: if a new president is elected — especially one from the opposing party — then the Senate recognizes that this person is likely to want to nominate his choices for federal posts.

Tobias said Scriven, 45, who in 1997 became the first black U.S. magistrate in the Middle District, is highly regarded by both parties, not considered controversial and is likely to not have any trouble in getting final approval — even after the election — to the lifetime district judge appointment.

But even if Albritton were to be confirmed after the election, as well, said Tobias, it is likely he would serve no more than two or three months in the job.

Most of Bush's U.S. attorneys, if not all, would probably be asked to resign early next year — especially if Democrat Barack Obama is elected president.

As a result, Tobias said it is now really up to Senate Majority Leader Harry Reid, a Nevada Democrat, to decide whether to proceed with Albritton's nomination, anyhow, and how soon to do so.

If confirmed, Albritton, 51, who is now a lawyer with Holland and Knight, would fill a vacancy dating from March 2007, when former U.S. Attorney Paul Perez resigned. Interim U.S. Attorney Robert E. O'Neill did not apply for the permanent appointment.

Reporter Billy House can be reached at (202) 662-7673 or bhouse@tampatrib.com.

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