By Rick Brundrett · The (Columbia) State -
Updated 03/10/07 - 12:25 AM
President
Bush is considering at least four S.C. candidates -- including three
sitting judges and the state's U.S. attorney -- for the seat of
retiring U.S. 4th Circuit Court of Appeals Chief Judge William
"Billy" Wilkins of Greenville, sources say.
U.S. Sen. Lindsey Graham, R-S.C., recommended the four
candidates, all of whom were interviewed in recent weeks in
Washington by administration staff members, say those intimately
familiar with the process.
The candidates include:
• U.S. District Judge Henry Floyd of Spartanburg
• S.C. Court of Appeals Judge John Kittredge of
Greenville
• U.S. Attorney and Winthrop University graduate Reggie
Lloyd of Columbia
• U.S. District Judge Terry Wooten of Florence
Under federal seniority rules, Wilkins' successor as chief judge
would be Karen Williams of Orangeburg, who would be the first woman
to hold that position in the circuit.
Bush nominated Floyd and Lloyd, both of whom were recommended for
their current positions by Graham.
Floyd and Kittredge declined comment when contacted Friday, and
efforts to reach the other candidates were unsuccessful. Graham
spokesman Kevin Bishop declined comment.
The 4th Circuit, based in Richmond, Va., covers South Carolina,
North Carolina, Virginia, West Virginia and Maryland. The court,
which hears appeals from federal district courts in those states, is
considered the most conservative circuit in the country.
Wilkins, who has been on the court since 1986 and chief judge
since 2003, will step down effective July 1. With his retirement,
the 15-judge court would have four vacancies -- the most of any
appellate circuit.
Wilkins' brother is David Wilkins, the former S.C. House speaker
who is U.S. ambassador to Canada.
By law, the president nominates candidates to federal district
and appellate courts, and the U.S. Senate confirms them. Their
appointments are for life.
Carl Tobias, a University of Richmond law professor who follows
the 4th Circuit, said the White House traditionally defers to the
home-state senior senators for their recommendations for federal
district court seats, but likely will take a more active role in the
nomination to the 4th Circuit.
"It's the Supreme Court for everybody in the five states; that's
where the law is made," he said, explaining that few cases decided
by Courts of Appeals nationwide are reviewed by the U.S. Supreme
Court.
Tobias said the White House might take Graham's recommendations
for the 4th Circuit seriously. But he added the Bush administration
probably would be "less likely to listen to it" than to Graham's
candidate preference for a federal district court seat.
With Democrats in control of the Senate, Bush, a Republican,
probably will be more sensitive to Democrats' preferences in the
nomination process, Tobias said. Bush might decide to postpone the
decision for the next president, to be elected in 2008, Tobias said.
Floyd, a former Democratic state lawmaker who sailed through his
last nomination process, is perceived as a moderate conservative
jurist. Civil libertarians praised his 2005 ruling that said Jose
Padilla, a U.S. citizen who had been held as an "enemy combatant" in
the U.S. naval brig in Charleston, could not be held indefinitely
without being charged.
"I think a lot of people respected him for the independence he
showed," Tobias said.
That ruling, however, was overturned by a three-member panel of
the 4th Circuit. Padilla later was transferred out of military
custody to Miami after the Bush administration decided to pursue
terrorism-related federal charges.
Michael Gerhardt, a professor at the University of North Carolina
School of Law, believes Floyd's ruling will hurt his chances of
being nominated to the 4th Circuit.
"If he wrote a ruling that President Bush didn't like, he won't
get nominated," Gerhardt said.
By nominating Lloyd -- South Carolina's first black U.S. attorney
appointed to hold the position permanently -- to the federal bench,
Bush could take a step toward quelling criticism about the small
number of black federal judges in the South, Tobias said.
There are two black judges on the 4th Circuit and two on the U.S.
District Court bench in South Carolina.