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Thursday, January 22, 2009

Kentucky Tells The World How You Have To "Pay To Play". So SAD.

At least 6 lawyers seek U.S. attorney post
Lawyers want Yarmuth's backing

By Andrew Wolfson

At least six lawyers have met with U.S. Rep. John Yarmuth to talk about their interest in being recommended for nomination as U.S. attorney for Kentucky's Western District.

The list includes a judge, a former judge, an assistant U.S. attorney and a federal public defender.

Nominees for U.S. attorney are normally recommended to the president by U.S. senators of his party. But because both of Kentucky's senators are Republicans, Democratic President-elect Barack Obama is expected to seek input from Yarmuth, D-3rd District, about the opening in Louisville, and from U.S. Rep. Ben Chandler, D-6th, about the position in the Eastern District.

Spokesmen for both said they expect Obama's transition team to ask for their recommendations soon. Yarmuth said after a news conference yesterday that he and Chandler will each be asked to submit the names of several candidates for each position.

The nominees would have to pass an FBI background check and be confirmed by the Senate and probably wouldn't be sworn in for several months.

U.S. Attorney David Huber, who was nominated to the Western District seat in 2003 by President George W. Bush, announced Friday that he is resigning Jan. 31. The Eastern District has been headed since January 2008 by an acting U.S. attorney, James A. Zerhusen.

Stuart Perelmuter, Yarmuth's spokesman, said Yarmuth hasn't decided yet who he will recommend and wouldn't identify the lawyers Yarmuth has spoken with.

But The Courier-Journal has confirmed with six attorneys that they spoke with Yarmuth about the job -- Patrick Bouldin, a federal public defender and a former Jefferson County public defender; Jefferson Circuit Judge Fred Cowan, a former Kentucky attorney general; David J. Hale, a former federal prosecutor; Khalid Kahloon, an assistant U.S. attorney and former assistant commonwealth's attorney; Marc Murphy, a former commonwealth's attorney; and Benham J. Sims III, a former Jefferson district judge and assistant county attorney.

And David S. Kaplan, former chief of staff to former Kentucky House Speaker Jody Richards, D-Bowling Green, confirmed he is interested in the job, which pays $153,200 a year. Kaplan said he thought it would be inappropriate to say if he's spoken with Yarmuth.

The U.S. attorney directs the prosecution of criminal cases -- including public corruption cases -- as well as the prosecution and defense of civil cases in which the United States is a party. The office also collects debts owed to the government.

In the Western District, the U.S. attorney supervises a staff of 86, including 35 prosecutors, in offices in Louisville, Bowling Green, Owensboro and Paducah. The district is made up of 52 counties.

Scott C. Cox, a former federal prosecutor, said Kaplan and the six lawyers who have confirmed conversations with Yarmuth each would be qualified for the job. Kent Wicker, also a former assistant U.S. attorney, said the ideal candidate would be someone with federal prosecutorial experience who is impartial, although the posts often go to lawyers with political connections.

Bouldin and Hale have the most experience in federal court, lawyers say.

Sims and Hale have worked hard for the Democratic Party, according to Murphy, and Sims has been the biggest political donor to Democratic candidates. He has contributed $70,248 to state and federal campaigns, including $2,500 to Yarmuth and $5,000 to Chandler, according to state and federal campaign finance records. Cowan has given a total of about $30,811 and Hale $16,357, state and federal records show.

Attorney General Jack Conway said through a spokeswoman that he had recently been contacted by members of the congressional delegation and asked about Bouldin, whom he's known since grade school. Conway spoke "very highly" of Bouldin, spokeswoman Allison Martin said.

Several lawyers interviewed about the openings suggested that Kaplan, who graduated from Harvard Law School and also has a master's degree in public policy from the same university, is also being considered for the Eastern District position.

He declined to comment, other than to note that he is from Lexington and still has family there. He resigned as Richards' chief of staff last week after Richards was ousted as House speaker.

Murphy, a partner at Stites & Harbison who also prosecuted cases in Indiana and was a military trial lawyer in Europe and Latin America, said he would be honored to be "a small part of the Obama administration." He said he might be a controversial candidate because of the editorial cartoons he has drawn for The Courier-Journal.

"I hope that wouldn't be a disqualifier," he said.

Reporter Andrew Wolfson can be reached at (502) 582-7189. (Reporter Joseph Gerth contributed to this story).

Editor's comment: So SAD!

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