Questions surround judicial nomination for Tulsa

[Superdog]

My comment:  Ridiculous politics keeping an overqualified candidate out of a judicial nomination.  If you feel like I do, write Senators Coburn and Inhofe and express your supreme disgust in their ignorance and complete failure in this case.


http://www.tulsaworld.com/news/article.aspx?subjectid=16&articleid=20110206_16_A23_CUTLIN390175

By JIM MYERS World Washington Bureau
Published: 2/6/2011  2:30 AM
Last Modified: 2/6/2011  5:10 AM

WASHINGTON - The White House enlisted surrogates to validate its pick to fill a vacant judicial slot in Tulsa, but it remained unclear whether that would be enough to rescue one of the few American Indians selected for the federal bench in U.S. history.


Questions still surround a process that triggered immediate opposition to the nomination of Arvo Mikkanen, an assistant U.S. attorney in Oklahoma City.

The White House declined to comment on that process and whether it has a plan to overcome opposition and win confirmation in the U.S. Senate.

Questions also remained for Oklahoma Republican Sen. Tom Coburn, specifically why he described Mikkanen as "unacceptable" for the post.

Coburn also declined to explain further.

He serves on the Senate Judiciary Committee, which handles judicial nominations, and traditionally members of that panel have enormous influence over the confirmation process.

Senators usually are afforded what amounts to veto power over district court nominations from their home states.

One of the surrogates - people who are tapped by the White House to speak about the nominee - former U.S. Attorney Dan Webber, not only came to Mikkanen's defense but said the nominee deserves to know why his qualifications are being questioned.

"I understand Washington has its customs and courtesies, but even if someone dropped the ball on such a matter it should not be held against Arvo," said Webber, who served on the staff of then-U.S.
Sen. David Boren, D-Okla.

"If Arvo holds some view that would trigger ideological opposition, I don't know what it is, but he deserves to know if that is the case."

Webber, who worked with Mikkanen for seven years and served as his supervisor for three, said he knew of no reason the nominee's qualifications could be questioned legitimately.

He said Mikkanen has a distinguished 25-year career as an Oklahoma lawyer, citing his work for two federal judges and his time in private practice.

"He has been recognized by the Oklahoma Bar Association for his pro bono service and by the FBI for his prosecutorial skills," Webber said.

He said Mikkanen is known as an expert on federal criminal jurisdiction in Indian Country and helped pioneer the use of child psychologists and specially trained pediatricians in the process of interviewing preteen victims of sexual abuse.

"Arvo prosecuted some of the hardest cases brought to our office, and he did so fairly and by following the rules," Webber said.

Kirke Kickingbird, a former law professor at Oklahoma City University who now works for a law firm that specializes in Indian affairs, said he was puzzled by opposition to Mikkanen's nomination.

Kickingbird, who has known the nominee for years, described him as "virtually apolitical" with a history of approaching the law in a balanced way.

It is unusual for a nomination for a district court slot to draw such negative comments, especially so quickly.

In his written statement, Coburn expressed deep disappointment with the lack of consultation from the White House and then went on to describe Mikkanen as "unacceptable" for the post and an example of how Washington politics neglects to take into account what is best for Oklahomans.

Coburn also seemed to indicate he already has moved on by expressing hope of finding a nominee he can support in the future.

According to information provided by the White House, Mikkanen has been in his current position in Oklahoma City since 1994.

While in private practice, he served as a judge for a number of tribal courts in Oklahoma and as the chief justice of the Cheyenne-Arapaho Supreme Court from 1991 to 1994. He received a bachelor's degree from Dartmouth College in 1983 and a law degree from Yale Law School in 1986.

Although not included in the White House information, the U.S. Department of Justice website linked Mikkanen to the Kiowa Tribe of Oklahoma.

If confirmed, Mikkanen reportedly would become only the third American Indian to serve as a federal judge in U.S. history.

The nomination also failed to receive comments of support from Oklahoma's senior U.S. senator, Republican Jim Inhofe, and Rep. Dan Boren, the lone Democrat in the state's congressional delegation.

Some mystery surrounds exactly who suggested Mikkanen for the post.

"From my knowledge, I know it didn't come from anyone in the Oklahoma delegation," said Boren, who has been involved in recommending other potential nominees to the White House.

He has described the Mikkanen nomination as another misstep by the White House on federal appointments.


Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=16&articleid=20110206_16_A23_CUTLIN390175

[Superdog]

btw I wish this story would get more legs so if you know of any good places to give it some exposure I'd encourage you to do so. 

Superdog

[critter - a white non-ndn person]

facebooked it.

[Teacher]

Facebooked it this morning ... got a few comments and reposts ... we'll see how "viral" it goes  :)

[Superdog]

Does anyone have any contacts with anyone at Huffpost or possibly a blogger who gets posted on Huffpost?  That would be a great place to get this exposed to more public.

Superdog

[Superdog]

Another article...

http://newsok.com/american-indian-leader-backs-judicial-nominee/article/3539299

American Indian leader praises Obama's first judicial nominee in Oklahoma

Read more: http://newsok.com/american-indian-leader-praises-obamas-first-judicial-nominee-in-oklahoma/article/3539299#ixzz1DUvkL17F


WASHINGTON — Politics may be driving Oklahoma's senators to oppose the nomination of a Kiowa tribal member to a federal judgeship in Tulsa, the head of the nation's largest American Indian organization said Tuesday.

Chickasaw Nation Lt. Gov. Jefferson Keel, the president of the National Congress of American Indians, said Arvo Mikkanen, a federal prosecutor in Oklahoma City, is "an outstanding attorney. He's definitely got the background and experience that would prepare him for that (judicial) position."

President Barack Obama nominated Mikkanen last week to be a federal judge in the Northern District of Oklahoma, based in Tulsa. It was the president's first nomination for a federal judgeship in Oklahoma.

Mikkanen has been an assistant U.S. attorney in the Oklahoma City-based Western District since 1994; a graduate of Dartmouth College and Yale Law School, Mikkanen has served as a judge for several tribes and is president of the Oklahoma Indian Bar Association.

Sens. Tom Coburn, R-Muskogee, and Jim Inhofe, R-Tulsa, raised objections to Mikkanen's nomination last week, saying that — contrary to tradition and courtesy — they had not been consulted by the White House.

Coburn said Mikkanen was "unacceptable for the position" and the nomination was "another example of how politics in Washington neglect to take into account what is best for the people of Oklahoma." Coburn has declined to elaborate on why he thinks Mikkanen is unacceptable.

Keel acknowledged there may have been a breach of protocol but said, "They're going to object to anybody that President Obama nominates. That's just Senator Coburn and Senator Inhofe. It's politics."

Lael Echo-Hawk, a member of the Pawnee Nation of Oklahoma and the president of the National Native American Bar Association, said, "Arvo is absolutely qualified, and we remain supportive of his nomination and confirmation."

According to Echo-Hawk's organization, there are no enrolled Indians serving on the federal bench.

Keel said it's important to have judges who understand tribal issues, not so they can advocate for Indians, but so they can have some perspective on matters that frequently confront the courts.

Read more: http://newsok.com/american-indian-leader-praises-obamas-first-judicial-nominee-in-oklahoma/article/3539299#ixzz1DUvW5Qc2

[Superdog]

And this link is a blog with links to published opinions on cases he's worked on.




http://turtletalk.wordpress.com/2011/02/08/some-highlights-of-arvo-mikkanens-litigation-career/

Some Highlights of Arvo Mikkanen's Litigation Career

[critter - a white non-ndn person]

It may interest you to know that Coburn is a Right Wing Conservative.. and member of "the family" a
religious organization that some call a Christian Mafia. The fact that Arvo is Native American may not
be as much of a reason to reject him, as his religion may be if Coburn considers Arvo not to be of
the religious affiliations he supports.

Coburn is listed on the Right Wing Watch list.

just some FYI..