On the bench: Wynn, Diaz worthy of confirmation
Saturday, December 19, 2009

In the highly partisan and often petty environment in Washington, judicial appointments loom as the latest battleground for elected officials to exert their influence. Time and again, qualified jurists are denied seats on the federal bench because of their party affiliation rather than doubts about their professional experience or legal ability.

The U.S. Court of Appeals for the Fourth Circuit, which serves five states, including North Carolina, has suffered due to chronic vacancies as a result of partisan bickering. So it is refreshing to see the two latest appointments — both excellent judges from this state — receive the backing of both North Carolina’s senators as they begin the confirmation process.

That N.C. Appeals Court Judge James Wynn and N.C. Superior Court Judge Albert Diaz enjoyed an easy first confirmation hearing before the Senate Judiciary Committee this week comes as little surprise. As appointees of President Barack Obama, whose Democratic Party holds a majority in that chamber, the process is not expected to be terribly rigorous.

However, both are talented and qualified jurists who should merit strong consideration, regardless of which party controls the Senate.

Wynn was first nominated to the Fourth Circuit Court by President Bill Clinton in 1999, but his appointment was blocked by U.S. Sen. Jesse Helms. He was named to the bench again in 2001, but the nomination was recalled when President George W. Bush took office.

Wynn may be more experienced than Diaz, but the former prosecutor boasts significant experience on the state Superior Court. Both also served in the U.S. military — Diaz in the Marine Corps and Wynn in the Navy, where he served in the Judge Advocate General’s Corps.

Unfortunately, such experience might not see either man win confirmation to the bench without the support of the state’s U.S. senators. But with Democrat Kay Hagan and Republican Richard Burr united in backing both nominees, the process should have a positive conclusion.

Though overdue, that would be good for the judiciary, for the Fourth Circuit and therefore good for North Carolina.

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