McKay considered favorite to fill court vacancy

The process to fill the vacancy created by Judge John Coughenour's elevation to senior status is well under way.

John McKay, the U.S. attorney in Seattle, has applied for the job, and many in the local legal community consider him the favorite.

The number of judges in each district court is determined by Congress and is based on workload. The Western District of Washington, which encompasses everything west of the Cascades, has seven full-time judges, five in Seattle and two in Tacoma.

Federal judges are appointed by the president and subject to confirmation by the Senate.

Traditionally, the president has looked to the senior senator from the state with the vacancy to nominate judges. That process was abandoned by Washington state in the 1990s, when Republican Sen. Slade Gorton felt Democratic President Clinton was choosing only liberal judges.

Gorton and Clinton compromised by appointing a six-member committee of lawyers — three chosen by Gorton, three chosen by Democratic Sen. Patty Murray — to select three finalists to send to the White House.

Chief Judge Robert Lasnik was the first local federal jurist to emerge from the panel. He was approved by the Senate in 1998.

The six-member committee that will nominate Coughenour's replacement is co-chaired by Jenny Durkan, a Democratic lawyer from Seattle, and J. Vander Stoep, a Republican attorney from Chehalis. Murray selected the Democrats on the panel and Rep. Doc Hastings, Washington's senior Republican on Capitol Hill, selected the Republicans.

Applications had to be in by June 22. The panel will conduct interviews early this month, Vander Stoep said, and send the names of three nominees to President Bush in September. A White House selection and Senate confirmation should come in the fall.

McKay was nominated to become U.S. attorney by Bush in September 2001, which observers say bodes well for his candidacy.

It is not known who else is seeking the post. Vander Stoep declined to divulge names or say how many people applied.

David Bowermaster: 206-464-2724 or dbowermaster@seattletimes.com