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Obama picks Beaumont judge to be U.S. attorney for Collin, Denton, East Texas

12:32 PM CST on Thursday, February 25, 2010

By TODD J. GILLMAN / The Dallas Morning News
tgillman@dallasnews.com

Thirteen months into his term, President Barack Obama this morning announced his first pick for a federal prosecutor in Texas. John B. Stevens Jr., a state judge in Beaumont, was nominated to oversee prosecutions in the Eastern District, which stretches from Plano and Tyler to the Gulf Coast.

Obama has yet to pick anyone for the Dallas-based Northern District, or for the state’s two other U.S. attorney slots. All of the appointments require Senate confirmation. The process has been stalled by a political tug-of-war between Texas' Republican senators and its 12 Democrats in the U.S. House.

That struggle for control over the selection process began nearly the day Obama took office.

Democrats, led by Rep. Lloyd Doggett of Austin, wanted to wrest control from the GOP senators. They argued that since a Democrat occupied the White House, the Democrats in the Texas delegation should oversee the screening of potential candidates for U.S. attorney. But Sens. John Cornyn and Kay Bailey Hutchison pointed out that procedurally, senators can easily stall nominees they don’t like – a powerful bargaining chip.

Obama’s first White House counsel, Greg Craig, tried to placate both sides. Democrats exacted a promise that no nominee would be submitted to the Senate without their approval, and the senators got a similar assurance.

The senators also agreed to add Democrats – including former U.S. Attorney Paul Coggins – to a judicial screening committee long stacked with Republicans and corporate lawyers.

But filling the Texas posts never seemed a high priority, even as the White House began choosing other U.S. attorneys around the country.

Texas also has numerous openings for federal judges and U.S. marshals, and many in the Texas legal community hope today’s announcement is a sign of a breakthrough.

On Oct. 7, the partisan fighting came to a head when the Texas senators and House Democrats sent dueling recommendation lists to the White House.

Stevens was one of the few candidates acceptable to both camps. His was the only name Democrats submitted for the Eastern District post, and he was one of two recommended by Cornyn and Hutchison.

The Democratic delegation first recommended Stevens last March 11.

"He is the only individual whom we recommended for this important job," Doggett said, calling him "one of the most qualified people to ever be appointed US Attorney. I appreciate the support of our United States Senators for his confirmation and expect that he will be swiftly confirmed."

Doggett added that he hopes for action "very soon" on other long-delayed appointments, particularly in the Eastern and Southern Districts – suggesting that a stalemate persists in the Dallas-based Northern district.

Stevens is a 1979 graduate of the University of Houston law school. He received his undergraduate degree from Lamar University in Beaumont. From 1985 to 2005, he was an assistant U.S. attorney.

Obama nominated Stevens with prosecutors in California, Florida and Guam. In a statement, he said: "These distinguished men and women have shown extraordinary commitment and integrity in their pursuit of justice. I am confident they will serve the American people wisely and effectively as United States Attorneys."

Cornyn spokesman Kevin McLaughlin said the breakthrough shows that the senators' screening process "does, and can, work," despite resistance from Democratic lawmakers who sought to marginalize the senators. "But each nomination is different so we’ll just have to wait and see."

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