Utah's short-handed federal bench still waiting for reinforcements

SALT LAKE CITY — Utah is poised to have a full complement of federal judges for the first time in more than two years.

Pending Senate approval of two nominees, the U.S. District Court in Salt Lake City will be back up to five full-time judges. But those confirmations don't come quickly.

"I feel bad for the candidates," said Mark Jones, clerk of the court. "They seemed to be able to do it faster in the past. It must just be the political environment we're in."

One of those nominees, David Nuffer, who currently works as a federal magistrate, has waited since June. The Senate, though, is expected to confirm him before it adjourns this month.

Last week, President Barack Obama nominated Salt Lake lawyer Robert J. Shelby to fill the other slot. He likely won't be up for confirmation until next spring.

"It is frustrating," said Sen. Mike Lee, R-Utah. "I wish we would have had Judge Nuffer through faster." Lee said he also intends to support Shelby.

Utah's first female federal judge, Tena Campbell, went eight days from nomination to confirmation in 1995. Less than four months has been typical of others currently on the federal bench in Utah. Appointments are for life.

Obama was slow to fill federal district and appeals court vacancies during his first year in office. Through 2010, he had appointed 62 judges, including two U.S. Supreme Court justices. He's on track to double the total this year. It could slow down again in 2012 because it's a presidential election year.

As of Wednesday, there were 80 federal judgeship vacancies and 43 nominees pending nationwide.

The federal court in Utah has operated with fewer judges since Judge Dale A. Kimball, 72, assumed senior status in November 2009. Beginning at age 65 and after 15 years of service, federal judges may take senior status, which allows them to work with a reduced caseload.

Campbell, 67, also became a senior judge in January of this year, leaving the district with three full-time judges and four senior judges, the other two being Judge Bruce Jenkins, 84, and Judge David Sam, 78.

Sen. Orrin Hatch, R-Utah, recommended both Nuffer, who would replace Kimball, and Shelby, who would succeed Campbell. He advanced other names last year that the White House rejected before settling on Nuffer.