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SALT LAKE CITY -- Washington gridlock has created a legal log-jam when it comes to several key Utah judicial appointments.
The logjam has left an unprecedented set of vacancies, which could endanger the administration of justice.
The list of vacancies include: one district court judge, one appeals court judge and one U.S. Attorney for Utah.
"When people talk about nothing happening in Washington, this encapsulates it," said University of Utah law professor Daniel Medwed. "This represents it more than anything."
The key problem is highly coveted presidentially-appointed positions are being left unfilled.
Dale Kimball, the judge overseeing the Brian David Mitchell trial, told the White House he was retiring in spring of 2009. He's on senior status, working, but with a reduced caseload.
Chief Judge Tena Campbell is also retiring soon and is taking fewer cases.
Brett Tolman, left his post as the U.S. Attorney for Utah nearly a year ago and Carlie Christensen is now in the job on an acting basis.
All of those jobs still await a permanent selection.
The problem is two-fold.
The Obama administration has been slow to name appointments for Utah's U.S. attorney and the judicial vacancy on the federal bench. Meantime, appointments that have been made are stuck in the increasingly polarized confirmation process limbo.
"It is a classic stall ball, where the party that's not in power simply stalls the other side's appointees and then when the other side gets into power, the ball is reversed and the other side plays stall ball. It's horrible," said Medwed.
A spokesperson for the U.S. Attorney's Office says the acting U.S. Attorney is "very experienced" and has "full authority to hire, make prosecution decisions, and approve case resolutions."
The former U.S. Attorney, who served for four years, says a permanent leader can more surely set priorities.
"Those sort of all go to a holding pattern while you're waiting for that leadership," said former U.S. Attorney for Utah Brett Tolman.
The vacancies have increased civil case loads in Utah by 9 percent and criminal cases by 19 percent.
E-mail: jdaley@ksl.com
