Here: Mikkanen Analysis

An excerpt:

While the Obama administration faces heat for avoiding customary process, Mikanen has several ardent defenders who have spoken out since his name surfaced a few days ago. One is Kirke Kickingbird, a lawyer and former professor at Oklahoma City University. In The Oklahoman today (Wednesday, February 9), Chickasaw Nation Lt. Gov. Jefferson Keel called Mikkanen “an outstanding attorney” who has “the background and experience” for the trial judge post.

Like many of his other defenders, Keel acknowledged there may have been what reporter Chris Casteel called “a breach of protocol” in the nomination. Lael Echo-Hawk, a member of the Pawnee Nation who is president of the National Native American Bar Association, also stated strong support for the nominee. Many observers note that there are no “enrolled Indians” (registered tribal members) serving on the federal bench.

Webber, who works at Ryan Whaley Coldiron Shandy, an Oklahoma City law firm, is passionate in support of Mikkanen, who worked under his supervision for three years in the 1990s. Webber was U.S. Attorney for two years in Oklahoma City. He delivered a strong defense of Mikannen in an interview with CapitolBeatOK. He said:

“I don’t see how anyone could question Arvo’s qualifications for the federal bench. He has a distinguished 25-year career as an Oklahoma lawyer. He started by clerking for two different federal judges. He worked in private practice at a well-known Oklahoma firm. He has represented the United States in both civil and criminal cases. In fact, Arvo has been an advocate in over 475 federal court cases. He has been recognized by the Oklahoma Bar Association for his ‘pro bono’ service and by the FBI for his prosecutorial skills — not many lawyers can say that.

“I personally worked with Arvo for seven years. … He was known throughout the Justice Department as an expert on federal criminal jurisdiction in Indian Country. He helped develop a memorandum of understanding between law enforcement and state, tribal, and federal government officials regarding the investigation of child abuse crimes in order to hold abuser accountable. He also started our district’s use of specially trained forensic interviewers and pediatricians in the process of interviewing preteen victims of sexual abuse. This process was designed to help obtain reliable testimony without further traumatizing the child. Arvo prosecuted some of the hardest cases brought to our office. Arvo prosecuted fairly and played by the rules.”

Like other observers, Webber acknowledges Mikkanen’s nomination was advanced outside of customary procedures. Webber, who worked for former U.S. Sen. David Boren, also a Democrat, took strong issue with assertions that Mikkanen is not qualified for the post. He told CapitolBeatOK:

“I know of no reason Arvo’s qualifications could be legitimately questioned. In fact, his qualifications are very much like those of another Oklahoman nominated to an even higher court, Tenth Circuit Judge Jerome Holmes. I also worked with Judge Holmes for seven years. He too served as a law clerk for two different federal judges, worked as a federal prosecutor, and practiced in a prestigious Oklahoma City law firm. Governor [Brad] Henry and I both wrote letters in support of the Holmes nomination and Senator Coburn put both letters in the Congressional Record the day Judge Holmes was confirmed. Now, however, Arvo is called unacceptable by the Senator within hours of his nomination? Arvo arguably has even stronger qualifications in one respect. He has actually been a judge, both at the trial level and at the appellate level, in tribal courts throughout Oklahoma.”

Incidentally, here are a list of opinions Mr. Mikkanen wrote while a tribal judge:

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