Bybee confirmed

Friday, March 14, 2003 | 11:15 a.m.

WASHINGTON -- As expected, the Senate on Thursday confirmed University of Nevada, Las Vegas law professor Jay Bybee to serve on the 9th U.S. Circuit Court of Appeals.

The San Francisco-based court, which handles cases from nine Western states, including Nevada, is the largest of the 13 federal appeals circuits with 28 judges.

The Senate confirmed Bybee with a 74-19 vote. The 19 dissenters were Democrats. Bybee was elated when Sen. John Ensign, R-Nev., spoke to him shortly after the vote, Ensign said.

"He and his family are pretty excited this long ordeal is over," Ensign said.

Bybee, who is on leave from UNLV to work as a constitutional issues adviser for the U.S. Justice Department, was unavailable for comment. Department spokeswoman Monica Goodling said Bybee decided to follow a standard procedure for federal judicial nominees in issuing a statement rather than talking to reporters.

"I am grateful to the Senate for placing their confidence in me and confirming me this afternoon. It was an honor to be nominated and I look forward to serving with dignity on the 9th Circuit," Bybee's statement said.

Bybee will leave the Boyd School of Law faculty, but he "intends to continue to support the school," Goodling said.

After Senate confirmation, it typically takes several weeks to a few months for judicial nominees to take their seat on the bench.

Ensign last year recommended Bybee to President Bush, with the endorsement of Sen. Harry Reid, D-Nev. But senators did not act before the session ended. This year Bybee's nomination was considered in the Senate amid heightened partisan bickering over judicial nominees, but the full Senate moved relatively quickly on Bybee, voting just two weeks after the Judiciary Committee approved him.

Bybee declined to answer his Democratic critics, Goodling said.

It was not immediately known when Bybee will start his new job.

The federal appeals courts are one rung below the U.S. Supreme Court. One other Nevadan serves on the 9th Circuit bench -- Johnnie Rawlinson, confirmed in 2000.