Wisconsin Federal Nominating Commission Charter
Amended charter executed on June 21, 1995.
Dec. 18, 2001 (posted to WisBar)
United States Senator Herb Kohl and United States Senator Russell
Feingold, do hereby establish the Wisconsin Federal Nominating
Commission to advise the Senators from Wisconsin on selecting qualified
individuals to fill vacancies on the United States District Courts in
Wisconsin, certain vacancies on the United States Court of Appeals for
the Seventh Circuit, and for United States Attorneys in Wisconsin.
Section I. Purposes. The Wisconsin Federal
Nominating Commission (hereinafter referred to as the "Commission") is
established in order to:
(a) assist the United States Senators from Wisconsin in faithfully
fulfilling their constitutional and statutory obligation to provide
advice and consent to the President in appointing federal judges and
U.S. Attorneys;
(b) help insure that qualified, conscientious and dedicated
individuals be appointed to serve the public as judicial officers;
and
(c) protect and preserve the independence and integrity of the
judicial branch of government and help insure the fair and equal
administration and enforcement of justice under the laws of the United
States.
Section II. Functions of the Commission. The
Commission shall advise the United States Senators from Wisconsin on the
nomination of individuals to fill the following vacancies as they
occur:
(a) The United States District Court for the Eastern District and the
Western District of Wisconsin, or such other districts as may be
established in Wisconsin;
(b) The United States Court of Appeals for the Seventh Circuit, which
are appropriately considered Wisconsin seats;
(c) United States Attorneys for the Eastern and Western Districts of
Wisconsin or such other districts as may be established in
Wisconsin.
Section III. Responsibilities. Whenever a vacancy
occurs in a judicial office or U.S. Attorney position within the
jurisdiction of the Commission, the Commission shall:
(a) affirmatively seek out qualified candidates, including women and
minority candidates, for appointment to each such vacancy;
(b) consider all applications from individuals interested in
appointment to each such vacancy; and
(c) recommend the nomination of not less than four nor more than six
individuals who are the most qualified of those considered to serve.
Section IV. Appointment of Members.
(a) The Commission shall consist of eleven members, who except as
otherwise provided herein, shall serve two year terms and shall each be
residents of the State of Wisconsin, reflecting the diversity of the
population and the respective judicial districts of the state.
(b) When both Senators are of the same political party as the
President of the United States,
(1) Four members shall be appointed by each Senator;
(2) Two members shall be appointed by the State Bar of Wisconsin;
and
(3)(i) for consideration of vacancies in the Eastern District of
Wisconsin, one member shall be the Dean of the Marquette University Law
School, or the designee of the Dean to be drawn from the faculty of the
law school;
(ii) for consideration of vacancies in the Western District, one
member shall be the Dean of the University of Wisconsin Law School, or
the designee of the Dean to be drawn from the faculty of the law school;
and
(iii) for consideration of vacancies in the Seventh Circuit which are
appropriately considered Wisconsin seats, one member shall be the Dean
of either Marquette University Law School or the University of Wisconsin
Law School, or the designee of such Dean to be drawn from the faculty of
his or her respective law school, with such membership to alternate
between the deans with the Dean having served the longest tenure in his
or her position serving for the first such rotation occurring after the
date of execution of this Charter.
(c) When the President of the United States and only one Senator
belong to the same political party,
(1) Five members shall be appointed by the Senator belonging to the
same political party as the President;
(2) Three members shall be appointed by the other Senator;
(3) Two members shall be appointed by the State Bar of Wisconsin;
and
(4)(i) for consideration of vacancies in the Eastern District of
Wisconsin, one member shall be the Dean of the Marquette University Law
School, or the designee of the Dean to be drawn from the faculty of the
law school;
(ii) for consideration of vacancies in the Western District, one
member shall be the Dean of the University of Wisconsin Law School, or
the designee of the Dean to be drawn from the faculty of the law school;
and
(iii) for consideration of vacancies in the Seventh Circuit which are
appropriately considered Wisconsin seats, one member shall be the Dean
of either Marquette University Law School or the University of Wisconsin
Law School, or the designee of such Dean to be drawn from the faculty of
his or her respective law school, with such membership to alternate
between the deans with the Dean having served the longest tenure in his
or her position serving for the first such rotation occurring after the
date of execution of this Charter.
(d) When the President of the United States is of the opposite
political party as both Senators,
(1) Two members shall be appointed by each Senator;
(2) Four members shall be appointed by the most senior elected
official of the President's party; and
(3) Two members shall be appointed by the State Bar of Wisconsin;
and
(4)(i) for consideration of vacancies in the Eastern District of
Wisconsin, one member shall be the Dean of the Marquette University Law
School, or the designee of the Dean to be drawn from the faculty of the
law school;
(ii) for consideration of vacancies in the Western District, one
member shall be the Dean of the University of Wisconsin Law School, or
the designee of the Dean to be drawn from the faculty of the law school;
and
(iii) for consideration of vacancies in the Seventh Circuit which are
appropriately considered Wisconsin seats, one member shall be the Dean
of either Marquette University Law School or the University of Wisconsin
Law School, or the designee of such Dean to be drawn from the faculty of
his or her respective law school, with such membership to alternate
between the deans with the Dean having served the longest tenure in his
or her position serving for the first such rotation occurring after the
date of execution of this Charter.
Section V. Changes in Membership.
(a) The Dean of the Marquette University Law School and the Dean of
the University of Wisconsin Law School shall retain during their terms
full powers to change their designee on the Commission.
(b) When a vacancy occurs on the Commission due to the resignation,
disability or death of a member, a successor shall be appointed by the
original appointing authority to serve the duration of the unexpired
term.
Section VI. Restriction on Members. No federal or
state judge or justice or federal law enforcement official shall be a
member of the Commission.
Section VII. Recommendation Process.
(a) At the request of the Senators from Wisconsin or within ten days
after learning of any vacancy in a position within the jurisdiction of
the Commission, the Commission shall begin seeking candidates and
accepting applications to fill such a vacancy. The Commission shall:
(1) notify the general public and such organizations as the
Commission deems appropriate of the existence of such vacancy;
(2) request that those notified submit the names of individuals
believed to be highly qualified to fill such vacancy; and
(3) establish and release publicly in an appropriate manner a mailing
address to which applications and recommendations for appointment to
such vacancy may be sent.
(b) Within 30 days after a request from the Senators from Wisconsin
or learning of any vacancy, the Commission shall evaluate the
qualifications of all candidates for appointments to fill such vacancy
and by majority vote shall designate not less than four nor more than
six individuals whom it considers best qualified to fill such vacancy.
No candidate may be designated as qualified for appointment under this
paragraph unless the Commission determines that:
(1) the candidate possesses all the qualifications provided by law
for the office involved;
(2) the candidate possesses the relevant qualities of character,
experience, temperament, and professional competence necessary for
service as a federal judge or United States Attorney; and,
(3) The candidate is willing to be so designated.
(c) In the event the Commission cannot complete the selection process
during the allotted time, it shall convey this fact to the United States
Senators who, by mutual consent, can extend the time in which the
Commission must issue its recommendations but in no event shall such
extension exceed 30 days.
Section VIII. Transmittal of Recommendations. After
the Commission has designated not less than four nor more than six
individuals as best qualified to fill a vacancy, the Commission shall
immediately notify the United States Senators from Wisconsin as to the
names of such individuals.
Section IX. Commission Organization and Voting
Procedures.
(a) The Commission shall be co-chaired by the Deans of the Law
Schools, alternating with respect to the Eastern and Western District of
Wisconsin vacancies, or alternating as provided for in Section IV with
respect to vacancies in the Seventh Circuit.
(b) A majority of members of the Commission shall constitute a
quorum, but no candidate shall be recommended for nomination except by
an affirmative vote of six or more members of the Commission. Not more
than one vote may be cast for any one candidate by each
commissioner.
(c) All voting shall be done by secret ballot.
Section X. Confidentiality of Commission Proceedings and
Rules of Procedure.
(a) The proceedings and all information received by the Commission
shall remain confidential, except that the Commission may make available
to the public the names of the candidates who have submitted
applications.
(b) The Commission may adopt additional rules of procedure by which
it shall operate. Any such rules shall be made available to the
public.
Section XI. Constitutional Prerogatives. Nothing
contained herein is intended in any way to impair or delegate the
Constitutional and statutory powers, duties or prerogatives of the
President of the United States or the United States Senate.
Section XII. Amendments. This Charter is amendable
by the mutual consent of the Senators from Wisconsin.
Amended charter executed on June 21, 1995.
