Bush tabs former UNLV law prof for Circuit Court

Thursday, May 23, 2002 | 9:51 a.m.

WASHINGTON -- Just a few months into a high-profile new job with the Justice Department, former UNLV law professor Jay Bybee has been nominated by President Bush to be a judge on the 9th U.S. Circuit Court of Appeals.

Sen. John Ensign, R-Nev., recommended Bybee to Bush. The full Senate must approve the nomination.

"Professor Jay Bybee has embodied the best in public service, legal aptitude and is admired throughout his field as a leader," Ensign said in a statement Wednesday. "He has a brilliant legal mind and will be a valued addition to the 9th Circuit."

Sen. Harry Reid, D-Nev., the No. 2 Senate Democrat, added, "He is a competent nominee and has served the state of Nevada with distinction. I look forward to working with Sen. Ensign to move his nomination through the Senate."

Ensign last year recommended Bybee to President Bush as a nominee for assistant attorney general for the Justice Department's Office of Legal Counsel. Bush nominated him in July 2001, and the Senate confirmed him in October.

In the $125,700-a-year position, Bybee advises the president, Attorney General John Ashcroft and other Justice Department officials on constitutional issues. The position took on new significance after Sept. 11 as the Bush administration grappled with questions of protecting civil rights as it pursued terrorists.

The nation's 12 regional circuit courts of appeal are one step below the Supreme Court and hear appeals from federal District Courts. The 9th Circuit is the largest with 28 judgeships and hears cases from Nevada, Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington.

The circuit court post is a lifetime appointment.

"The 9th Circuit Court of Appeals is faced with an overwhelming caseload, and I am pleased the President has moved forward with Jay Bybee's nomination," Reid said.

UNLV law professor Carl Tobias said Bybee, one of eight founding professors at UNLV's Boyd School of Law in 1999, is an excellent choice for the post.

"We hate to lose him, but we hope he'll continue to do some part-time teaching here," Tobias said. "He is moving up fast. It won't be long until he's on the Supreme Court."

Tobias said that Bybee's nomination to such a prominent position could be a boon for the law school.