20050828 Politics fills space around judicial vacancy by David Nitkin and Jennifer Skalka

Some say Ehrlich wants friend on list of nominees; Allegany seat empty since 2004

Politics fills space around judicial vacancy

Criminal cases are piling up in Allegany County, where a political standoff has left the District Court operating with one full-time judge since late last year.

Gov. Robert L. Ehrlich Jr., who selects judges, was given the names of three candidates for the county's judicial vacancy by a nominating panel in December. But nine months later, he has yet to interview any of the finalists. As a result, Allegany County now has the longest-standing judicial vacancy in the state.

Some Republican leaders and court officials in Western Maryland say the holdup isn't because of who was nominated but who was not. The list does not include the name of Kevin Kelly, a Democratic state delegate from Allegany County and a longtime Ehrlich friend. Kelly applied for the position, but his candidacy was rejected by the panel.

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John N. Bambacus, a former Republican state senator who teaches political science at Frostburg State University, called the District Court situation "a circus."

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The episode provides a glimpse into the often-hidden world of judicial politics. On one side is a local power structure that has coalesced around a favored candidate. On the other is a first-term governor who does not back away from fights and rarely demonstrates a taste for compromising or deal-making.

Stuck in the middle are the users of the court system in Allegany County. The criminal docket is being scheduled into January, when normally cases would be heard in November, court officials say.

"The governor's first responsibility is to serve justice, not his friends," said Del. Kumar P. Barve, the House majority leader from Montgomery County. "He needs to appoint someone qualified very quickly. If he's delaying appointing somebody because he wants Kevin to be a judge, that's wrong. I can't think of any other reason why he hasn't appointed somebody by now."

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"It would appear that Governor Ehrlich has lost control of the judicial nominating commission," said Bambacus, the Frostburg professor.

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Sun staff writer Jennifer Skalka contributed to this article.

http://www.baltimoresun.com/news/local/politics/bal-md.judge28aug28,1,6997695.story?coll=bal-local-headlines

20050828 Politics fills space around judicial vacancy by David Nitkin and Jennifer Skalka