Wednesday, March 6, 2013

With Markell & Riegle Going, What Happens Next?

With word that Judge Markell is going to be stepping down in July, in addition to the rumors that Judge Riegle is also on her way out, let's take this opportunity to educate and speculate. According to 28 USC § 152, new judges will be appointed by the 9th Circuit Court of Appeals and will serve a term of 14 years.  

Anyone know how they go about making their selection? Anyone have an idea of who the next BAM is going to be?

12 comments:

  1. Candice Carlyon

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  2. Most likely appointees for the 2 open slots are Laurel Davis (Fennemore Craig), Brian Shapiro (a panel Chapter 7 trustee), and Augie Landis (the U.S. Trustee for Region 17).

    The interesting question is that the Ninth Circuit is currently vetting candidates for Riegle's position (and has apparently narrowed the list down), so will they restart the process for Markell's seat or just pull from the existing passed over candidates from the first go around with Riegle.

    To me being a bankruptcy judge is a real mixed bag. Yeah its a steady gig without billables and dealing with pesky clients, but anyone competent enough to do it would likely be taking a significant pay cut. Also, you have to deal with some of the bozos doing consumer practice or claiming to do Chapter 11s.

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  3. Most likely they will restart the process. Out of the three above, does anyone have any experience with any of the 3 and/or comments?

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  4. Ignoring the last comment, which we all should, there is only one person on that list who is qualified.

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  5. I agree on ignoring comment 4:06 ... such comments make this a bad blog....

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  6. I have worked with Laurel Davis on cases. She is fair, honest, no nonsense BK lawyer. Would make a great judge but it would be a big pay cut for her.

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  7. She could be conflicted out of cases based upon her personal relationships with her friends. Also, I don't know if she could handle the consumer load of cases.

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  8. Riegle already retired, so the names on the list are meant to fill her spot. They will have to start the process all over again to fill Markell's spot. Most likely will have to bring in visiting judges to help while that process is unfolding.

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  9. Carlyon did not apply. Laurel will get one. Shapiro is a far better choice than Augie but Augie is already a government employee. Whomever gets the seat, the level of civility in the LBR cases and BAM cases just took a step forward.

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  10. Word is its Laurel.

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