Cox passes on judicial seat

S.J. Cahn

NEWPORT BEACH -- No criminals will be facing Judge Christopher Cox any

time soon.

Rep. Cox (R-Newport Beach) on Friday sent letters to both of

California’s senators, Dianne Feinstein and Barbara Boxer, announcing

that he has asked President Bush not to consider him for a seat on the

federal bench.

Cox acknowledged late last month that he had talked with the president

about a seat on the 9th Circuit Court of Appeals, though at the time he

said he was still uncertain if he would accept the position.

But that was before Sen. James M. Jeffords (I-Vermont) announced this

week that he was leaving the Republican Party and becoming an

Independent.

Jeffords’ dramatic move turned control of the Senate from the GOP to

Democrats and in the process made Cox’s confirmation to the judicial seat

at best a long, difficult process.

The problem for Cox is a Senate tradition giving home-state senators a

say in judicial appointments. Under the “blue slip” policy, a single

senator can squash a nomination.

Senate Republicans were considering changing the policy so only one

senator needed to give approval. However, with Democrats taking control,

the policy is set to stay as it is.

Enter Boxer, who has made it clear since Cox’s name first was

connected to the judicial seat that she would not support his nomination.

Cox alluded to her stance in his letter to her.

“On the assumption that you intend to [deny my nomination], however, I

have asked the president not to consider me for a judicial nomination,”

Cox wrote, adding that he would continue to oppose “this anti-democratic

abuse of the ‘blue slip’ policy.”’

Cox, who said in his letter to Feinstein that he did not want to risk

leaving his district unrepresented during a lengthy nomination process,

could not be reached for comment Friday.

Judging by his letters, the congressman could go down as one of the

major losers in Jeffords’ switch: Feinstein had told the White House she

would not block Cox’s nomination, which would have paved the way for his

appointment, although Democrats probably would have still fought it.

Cox puts a positive spin on his loss in his letter to Boxer, saying it

will give him “a much longer career in Congress.”

“I very much enjoy the opportunity to serve our country by writing

law, and perhaps someday I will have occasion to thank you for the role

you have played in keeping me at it,” he wrote.

A host of would-be replacements for Cox won’t be getting that chance,

however.

Their list continued to grow in the past weeks. Elected officials who

were considering runs included state Sen. Dick Ackerman (R-Fullerton),

Supervisor Todd Spitzer, former Assemblywoman Marilyn Brewer, state Sen.

Ross Johnson (R-Irvine) and Santa Ana Councilman Brett Franklin.

Non-elected hopefuls included Newport Beach Realtor Bill Cote, Newport

Beach philanthropist John Crean and Newport Beach physician Don Udall.

Of all the possible contenders, Assemblyman Bill Campbell (R-Villa

Park) and Tustin millionaire Mark Chapin Johnson went the farthest in

their attempts, officially setting up campaign committees with the

Federal Election Commission.

Campbell, however, had plunged the deepest, sending out a fund-raising

letter Wednesday that, while still contingent on Cox accepting the

federal seat, stressed the need for a speedy response.

Campbell could not be reached for comment. Johnson said he had planned

to wait until Cox had vacated the seat before beginning public

fund-raising efforts.

Johnson also pointed out that it is still possible that Bush will

appoint Cox to a different post and said he is prepared to run.

“I don’t want to prematurely get out,” said Johnson, who has long been

a board member of the Orange County Performing Arts Center.

Johnson said he also might run in the next election, depending on the

results of redistricting of the county’s congressional seats.