Elizabeth D. Laporte candidate for Article III judgeship

White House on the brink of naming two federal judges in Bay Area

By Howard Mintz

Mercury News
Posted: 05/11/2009 03:17:28 PM PDT
Updated: 05/11/2009 09:42:50 PM PDT

The Obama administration is close to making its first imprint on the Bay Area federal bench, preparing to nominate a San Jose-based magistrate judge to a lifetime federal judge appointment, as well as a San Francisco magistrate who would become the region's first Asian-American federal judge, according to judges and lawyers familiar with the process.

San Jose U.S. Magistrate Judge Richard Seeborg and San Francisco U.S. Magistrate Judge Edward Chen are in the final stages of the White House vetting process, going through FBI background checks and evaluations by the American Bar Association before they are nominated. Sen. Dianne Feinstein recently recommended Seeborg and Chen to fill two vacant judgeships in San Francisco, although it remains unclear whether Seeborg will sit in San Francisco or San Jose.

Sen. Barbara Boxer, under an alternating arrangement with Feinstein to recommend federal judges, is currently interviewing candidates for an opening in San Jose created by U.S. District Judge Ronald Whyte's decision to take semi-retired status in March. If Boxer's committee does not choose a South Bay candidate, Seeborg could simply wind up in Whyte's seat, but court officials are waiting for the nominations to unfold before any decisions are made.

The 52-year-old Seeborg has been a highly regarded mainstay in the San Jose federal building for years, serving the past eight years as a magistrate judge and already handling some of the
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duties of a federal judge, such as presiding over civil cases. Magistrate judges are appointed to eight-year terms by the courts and earn about $155,000 annually, while federal district judges have broader powers and are appointed for life by the president and earn about $170,000 a year.

Seeborg previously spent seven years as a federal prosecutor in San Jose, specializing in complex white collar cases, particularly securities fraud prosecutions.

Seeborg, who lives in Palo Alto, declined comment. But he has been considered a strong contender for elevation to federal judge for years.

"He's perfectly suited for that job," said Leo Cunningham, a lawyer who worked closely with Seeborg in the U.S. attorney's office.

Chen, meanwhile, would become the first Asian on the Northern California federal bench, addressing concerns in the area's Asian bar associations, which have pushed hard to diversify the region's roster of federal judges. Chen, 56, was an attorney with the American Civil Liberties Union before the court named him a magistrate judge. Chen also declined comment.

Both Chen and Seeborg would still have to be confirmed by the Senate.

While Asian bar groups are enthusiastic about Chen's imminent nomination, they are still hoping Boxer chooses another prominent Asian candidate to fill Whyte's seat in San Jose. Silicon Valley's Asian bar, as well as the local La Raza organization, has endorsed Santa Clara County Superior Court Judge Lucy Koh for Whyte's seat, and maintains that Boxer should fill the slot with a South Bay candidate.

"That is a South Bay seat and should be filled by a South Bay person," said Bijal Vakil, a valley lawyer and past president of the Asian Pacific Bar Association.

Boxer officials do not comment on the selection process. But lawyers familiar with the search say her Bay Area committee is interviewing candidates from throughout the region, not just San Jose. Koh and Santa Clara County Superior Court Judge Patricia Lucas are among the candidates being considered, but Boxer's committee is also reviewing candidates from San Francisco and the East Bay, including San Francisco Superior Court Judge Suzanne Bolanos, Magistrate Judge Elizabeth LaPorte, and prominent attorney Alison Tucher, who took on the case of Rick Walker, an East Palo Alto man freed after spending 12 years in prison for a murder he didn't commit.

Contact Howard Mintz at hmintz@mercurynews.com or 408-286-0236

quite liberal IMHO