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Sen. Dick Durbin criticizes Sen. Ron Johnson's blocking of Milwaukee circuit judge to the federal bench

Sen. Dick Durbin speaking.
Screengrab from the Judiciary Committee website
Sen. Dick Durbin (D-IL) speaks during a Senate Judiciary Committee meeting Wednesday.

A top U.S. Senate Democrat criticized Wisconsin Republican Sen. Ron Johnson over Johnson's last-minute blocking of Senate committee action on a Milwaukee County circuit judge nominated to be on the federal bench in Green Bay, Wisconsin.

Illinois Sen. Dick Durbin chairs the Senate Judiciary Committee. At the beginning of a hearing Wednesday into judicial nominees, Durbin noted that Judge William Pocan would not be appearing as previously scheduled because Johnson had objected Tuesday night to Pocan's nomination to serve in the Eastern District of Wisconsin.

Durbin noted that eight months ago, Johnson had joined Wisconsin Democratic Sen. Tammy Baldwin in recommending Pocan's name to the White House, after a bipartisan nominating commission had recommended Pocan to the senators.

"Let me emphasize that point, Sen. Johnson is blocking this committee from proceeding on a nominee he recommended to President Biden. I'd also like to note I'm disappointed in Sen. Johnson's lack of communication about his intention to withhold this blue slip," Durbin said.

According to judiciary.senate.gov, a blue slip is a piece of paper the judiciary committee uses solicit the views of home state senators after a person is nominated to be a federal judge. Usually when a senator doesn't return a blue slip, the committee puts the nomination on hold. Baldwin returned her blue slip on Pocan early this month.

In his statement Tuesday evening, Johnson said he's been hearing recently from the Green Bay legal community that they need a judge who is locally based and active in the community.

"As I understand it, Judge Pocan does live nearby and has made it clear he would relocate to Green Bay. What's more, Sen. Johnson knew full well back in June that Judge Pocan did not live in Green Bay at this time," Durbin said.

But Tuesday night, Johnson also claimed Pocan has been soft on setting bail for people charged with violent felonies, citing a case from seven years ago. CNN later reported that in that matter, Pocan sided with a prosecutor's recommendation of a $5,000 bail.

Johnson's office also said the senator has the right to overrule the nominating commission when new information comes to light, contending Baldwin changed her position four years ago after learning something new about a Trump nominee.

In a statement Wednesday afternoon, Baldwin called Judge Pocan well qualified and said Johnson "is obstructing his own recommendation to President Joe Biden."

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