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Iglesias job still wide open

Replacement process for U.S. Attorney slowed

Former U.S. Attorney David Iglesias testifies before the Senate Judiciary Committee today in Washington. Beside him is Carol Lam, the former U.S. attorney in San Diego and one of four who testified.

Dennis Cook/Associated Press

Former U.S. Attorney David Iglesias testifies before the Senate Judiciary Committee today in Washington. Beside him is Carol Lam, the former U.S. attorney in San Diego and one of four who testified.

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"When this all started in January, it looked like it would be an 18- or 20-month appointment once the process played out. Now we're getting down closer to a year. It gets harder to justify shutting down your practice for that short a term."

Glenn Ellington, a Santa Fe lawyer and former state appellate and District Court judge

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Plans to replace fired U.S. Attorney David Iglesias appear to have bogged down amid the firestorm over Iglesias' ouster.

U.S. Sen. Pete Domenici submitted the names of four possible replacements to the White House for the New Mexico post in early January, two months before controversy exploded over the firings of Iglesias and seven other U.S. attorneys.

Though another possible replacement has since surfaced, the process seems to have stalled.

Three of the potential replacements told The Tribune on June 13 that they've heard nothing for months, and all expressed waning interest in the job.

"I haven't heard anything in so long that I'm presuming they've decided on something else," said Charles Peifer, an Albuquerque lawyer who was among the four names originally submitted by Domenici.

The other names floated as possible replacements for Iglesias were Glenn Ellington, Jim Bibb, Pat Rogers and, later, Jason Bowles.

Rogers, who was later revealed as a critic of Iglesias in the congressional investigation, removed himself from consideration.

A presidentially appointed replacement would almost certainly serve only until a new president takes office in January 2009. Peifer said he's had no indication the Justice Department is vetting possible nominees, a process that can take months.

"It was already a short term," he said. "The shorter the term is, the harder it is to justify anybody leaving private practice."

A spokeswoman for Domenici, an Albuquerque Republican, said the office hadn't received any information from the White House about a potential replacement. The president would have to submit a name to the Senate Judiciary Committee, which would need to approve the choice.

Congressional Democrats, who continue to investigate claims the U.S. attorneys were fired for political reasons, have vowed to closely scrutinize any nominees.

So far, the White House has submitted a nominee to replace only one of the fired attorneys, said Tracy Schmaler, a spokeswoman for Judiciary Committee chairman Patrick Leahy, a Vermont Democrat.

Schmaler said the committee would not hold up nomination proceedings because of the ongoing investigation.

Iglesias has said the Justice Department should replace him and the other U.S. attorneys with career prosecutors, not political appointees.

Larry Gomez, a longtime prosecutor in the Albuquerque office who was Iglesias' top assistant, has served as acting U.S. attorney since March 1.

Gomez can continue in that post for 210 days, until late September. The attorney general could then appoint Gomez or someone else as interim U.S. attorney for another 120 days. After that, Chief U.S. District Judge Martha Vazquez could appoint interim U.S. attorneys for 120-day terms, meaning Gomez could potentially serve out the remainder of the Bush presidency.

Of the 93 U.S. Attorney's Offices across the country, 22 are currently headed by acting or interim appointees, according to a Department of Justice Web site.

Like Peifer, Ellington - a Santa Fe lawyer and former state appellate and District Court judge - said the passage of time would make it harder for him to take the job.

"When this all started in January, it looked like it would be an 18- or 20-month appointment once the process played out," he said. "Now we're getting down closer to a year. It gets harder to justify shutting down your practice for that short a term."

Bibb, a former FBI agent and assistant U.S. attorney who ran unsuccessfully for state attorney general last year, said his life has moved on since his name was floated as a possible successor to Iglesias. A helicopter pilot who flew missions with the National Guard in Afghanistan, Bibb said he's preparing to attend Army JAG school to become a military lawyer.

"I really love the role of the U.S. attorney," he said. "If the president asks you to do something, you certainly have to take a look at it. But I'm sure not waiting around."

Bowles, an Albuquerque lawyer who helped defend Robert Vigil against federal corruption charges last year, did not return a call seeking comment.