Friday, January 6, 2017

UPDATE: Will Colorado Springs' mayor be tapped for federal judgeship?

Posted By on Fri, Jan 6, 2017 at 10:59 AM

click to enlarge Will Mayor Suthers be waving goodbye to his mayor's job? - FILE PHOTO
  • File photo
  • Will Mayor Suthers be waving goodbye to his mayor's job?
UPDATE 10:59 A.M. THURSDAY, JAN. 12:

Mayor John Suthers, appearing on the Richard Randall show on KVOR radio, apparently gave a stronger response to the idea of being tapped for a federal judge position than he gave us. He tweeted: "Richard, I am not going after a federal judgeship. Have people called me & asked if I was interested? Yes. But I said, 'No, I'm not.'"
——————————
UPDATE:
Glenn Sugameli, of Washington, D.C., who's headed the Judging the Environment judicial nominations project since 2001, set us straight on openings on the federal bench. He noted the openings referred to in the 10th Circuit are on district court benches, not the appeals court:
... they are all on the district courts within the Circuit- including Judge Blackburn's seat in Colorado- there are no vacancies on the U.S, Court of Appeals for the 10th Circuit itself (unlike the four on the 9th circuit indicated by CCA for Circuit Court of Appeals).

More importantly, Senators Bennet and Gardner jointly recommended and strongly pushed for action on a nominee. There is every reason why they should continue to do so given the caseload and need to move quickly to fill this seat that they both cited, and the continuing need for both home-state senators to approve any hearing (scroll down).
See these press releases:

Sens. Bennet, Gardner Urge Judiciary Committee to Consider Regina Rodriguez Nomination: President Nominated Rodriguez in April Following Bennet, Gardner Recommendations
(Republican - Colorado) 07/12/16
Colorado U.S. Senators Michael Bennet and Cory Gardner today urged the Senate Judiciary Committee to work swiftly to consider the nomination of Regina Rodriguez to fill the vacancy on the U.S. District Court for the District of Colorado. The Colorado senators wrote to Judiciary Committee Chairman Charles Grassley and Ranking Member Patrick Leahy urging them to schedule a hearing and a vote on confirmation as soon as possible.... "Given the court's caseload, it's crucial that the Judiciary Committee move quickly and thoroughly to consider this nomination," Bennet said. "Regina Rodriguez is eminently qualified to serve on the District Court. We're confident that her impressive background in both the public and private sectors will serve her well on the federal bench." "Regina Rodriguez has a long record of service to Colorado," said Gardner. "She is immensely qualified to serve on the federal bench, and I'm certain that her broad experience will allow her to better serve Coloradans in a new capacity as a judge on the U.S. District Court for Colorado."

—————————-ORIGINAL POST 10:59 A.M. FRI., JAN. 6, 2017————————-

News over the past two months has focused on who Donald Trump is choosing to fill various cabinet and other posts.

Now, we hear that our own Mayor John Suthers might be in line for a presidential appointment, and he's not denying that he might be interested.

After he takes the oath of office on Jan. 20, Trump will nominate people to fill 114 judgeships across the land, as reported by CBS News.

Word is that Suthers is currently being vetted by the Republican Attorneys General Association, though RAGA has yet to confirm this to the Independent. When we hear back, we'll update.

A place on a federal bench would be a natural culmination of Suthers' career. He's served as district attorney, U.S. Attorney, Colorado Department of Corrections chief and Colorado Attorney General. He was elected mayor in mid-2015.

Trump is looking for people who "will reflect conservative opinions on a wide array of issues, from gun control and abortion access to regulatory reform," according to CBS News, and Suthers seems to fit that bill perfectly.

He's adamantly opposed to recreational marijuana, for example, and his Catholic background translates to opposition to abortion.

When we posed the question of a federal court appointment to the mayor's office, we got this response from city spokeswoman Kim Melchor:
Mayor Suthers has had several inquiries about his interest in various positions. This is not uncommon after a Presidential election. But as he has indicated in the past, there are very few positions he would seriously consider at this point in his career. The press would undoubtedly become aware if he was being considered for a position he was interested in. 
According to this website, there are six vacancies with the U.S. Court of Appeals 10th Circuit, Denver.

So what if Suthers is chosen and answers the call? The City Charter says Council President — currently Merv Bennett, former CEO of the YMCA of the Pikes Peak Region — steps into the mayor's shoes.

The Charter says:
If a vacancy occurs in the office of Mayor, duties and responsibilities of that position shall transfer according to section 4-20 of this Charter, and Council shall call an election within ninety (90) days, unless a general municipal election will occur in one hundred eighty (180) days and nominations for the office of Mayor can be timely filed in accord with municipal election law, for the purpose of electing a qualified person to the unexpired term of the office of Mayor. If a general municipal election will occur within one hundred eighty (180) days, the provisions of section 4-20 of this Charter shall apply until a successor of the Mayor last elected pursuant to the provisions of section 2-10 of this Charter is elected and qualified, in accordance with this Charter. (1909; 1961; 1975;
1987; 2010)
And here's section 4-20 from the Charter:
(a)Whenever the Mayor is unable, from any cause, to perform the duties of the office for more than a temporary or short-term absence, the President of the Council shall be the acting Mayor and shall hold such office until a successor of the Mayor last elected pursuant to the provisions of section 2-10 of this Charter is elected and qualified, in accordance with this Charter, at which time the President of the Council may return to his or her seat on Council. (2010)

(b)If the President of Council refuses or is unable to discharge the duties of the Office of Mayor, the Council shall elect one of its members acting Mayor, who shall hold such office until a successor of the Mayor last elected pursuant to the provisions of section 2-10 of this Charter is elected and qualified, in accordance with this Charter. (2010)

(c)Whenever the President of Council becomes the acting Mayor, Council shall elect a new President of Council to serve during the absence as provided in this Charter. (2010) 

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