Arvo Mikkanen

Andrew Cohen: Beer Summit between Arvo Mikkanen and Sen. Coburn?

Matthew L.M. Fletcher

Here.

An excerpt:

Sen. Robert Menendez, the Democrat from New Jersey, got grief, and rightfully so, when he put a hold earlier this month on the judicial nomination of U.S. Magistrate Patty Shwartz for a spot on the 3rd U.S. Circuit Court of Appeals. The senator said at the time that he was unimpressed with Shwartz’s knowledge of the law. Media reports, however, suggested that Menendez’s opposition to Shwartz had more to do with magistrate’s personal relationship with a federal prosecutor who had led a 2006 corruption investigation into Menendez. Awkward!

I have consistently railed against Republican senators who hold up President Barack Obama’s judicial nominees for no good reason. For example, I haven’t shut up about the lingering candidacy of a worthy man named Arvo Mikkanen, whose nomination in Tulsa has been held up, without explanation, by Tom Coburn, one of Oklahoma’s Republican senators.

But two wrongs just make a larger wrong — the major difference between what Menendez did to Shwartz and what Coburn has done to Mikkanen could be the extent of their candor — and a funny thing happened on the way to Shwartz’s failed judicial nomination. Under political pressure, Menendez agreed to meet with her again and, following their meeting, agreed to drop his reservations against the candidate.

Oklahoma Senators Appear to Have Blocked Arvo Mikkanen’s Nomination

Matthew L.M. Fletcher

Here is the coverage, h/t to How Appealing.

List of Favorable Editorials and Commentary on Arvo Mikkanen’s Federal Court Nomination

Matthew L.M. Fletcher

Here, thanks to to Glenn Sugameli.

Andrew Cohen on Justice Alito’s Visit to Pine Ridge

Matthew L.M. Fletcher3 Comments

Here is the short article in the Atlantic. Here is the Rapid City Journal news article detailing the visit to Pine Ridge, which came at Judge Karen Schreier’s invitation and included a visit to Red Cloud Indian School. Chi-miigwetch to everyone who sent it along.

Mr. Cohen offered three questions he would have asked Justice Alito at Pine Ridge if he could have gone. One on Arvo Mikkanen’s nomination; one on Justice Sotomayor’s dissent in Jicarilla; and one on Factbound and Splitless. He has previously written on all three issues: The Mikkanen nomination here and here; the Jicarilla case here; and Factbound and Splitless here.

Andrew Cohen in the Atlantic about the Dearth of American Indians on the Federal Bench

Matthew L.M. Fletcher3 Comments

Here is the article. An excerpt:

In the nation’s history, only two Native Americans have ever been confirmed by the Senate for a job on the federal bench. Two. And of those two only one was “openly” Native American at the time of his confirmation (that judge, Frank Howell Seay, found out about his Indian heritage long after he was on the bench). Those numbers are particularly appalling when you consider that (only) 170 or so black judges have been appointed over the same span.

Today, the Senate has before it the nomination of a man named Arvo Mikkanen, who is partially of Native American descent. Mikkanen went to Dartmouth College and Yale Law School, clerked for two federal judges, and has been a federal prosector for nearly two decades. He received a “unanimously qualified” rating from the American Bar Association. President Barack Obama nominated him to fill a seat on the federal trial bench in Oklahoma.

Yet there have been no speeches in the well of the Senate on behalf of Mikkanen. No senators have patted themselves on the back for breaking through another barrier of bias and bigotry. Instead, the Mikkanen nomination languishes in silence, six months after the President first put it into play. No hearing date has been set for his nomination even though other candidates nominated before him already have been approved out of Committee.

Oklahoma’s Congressional delegation was quick to denounce Mikkanen’s candidacy as “unacceptable” but to this day has never (publically, anyway) explained why. Meanwhile, the White House appears to have expended no political capital in pushing Mikkanen’s nomination to the forefront of the battle between the branches over judicial nominees. Like so many of his predecessors, Mikkanen has been left twisting in the wind by the U.S. government.

 

 

Patrick Ryan Op-Ed on Arvo Mikkanen Nomination

Matthew L.M. Fletcher

Excerpts from The Oklahoman:

Three weeks ago, President Obama nominated Arvo Mikkanen for the position of U.S. district judge for the Northern District of Oklahoma. He is an extraordinarily qualified candidate. That is why I was disappointed to read that our two senators have announced their opposition to the nomination and are now asking that it be withdrawn. I was stunned to learn that our senators made these pronouncements before the paperwork detailing Arvo’s stellar 25-year legal career and service to the United States had been delivered to the Senate Judiciary Committee.

I am not a politician. I am a courtroom lawyer. I have tried many civil and criminal cases, including the prosecution of Timothy McVeigh and Terry Nichols. I may not fully understand the confirmation process and I am aware the senators maintain that the White House failed to follow some Washington customs. However, any system that fails to confirm Arvo Mikkanen’s nomination is a broken system.

Rarely have I seen a nominee of his equal in my 42-year career. I know his intellect, work ethic and attitude from my service with him as U.S. attorney.

Arvo graduated from Dartmouth College and Yale Law School. He was a law clerk for federal judges in Washington, D.C., and Texas. Thereafter, Arvo worked at Andrews Davis, one of the most prestigious law firms in Oklahoma, for about six years. While there, he worked as a civil trial lawyer in a wide variety of business law matters.

As an assistant U.S. attorney, Arvo has worked both in the criminal and civil divisions. He was and still is one of the most versatile attorneys in the office and is respected by his colleagues and judges alike. He frequently advises other Justice Department offices and federal, state and local law enforcement agencies, and has received praise from prosecutors from both political parties from across the country.

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News Analysis of Arvo Mikkanen Nomination

Matthew L.M. Fletcher1 Comment

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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Arvo Mikkanen on “The Federal Prosecution of Juveniles” in Indian Country

Matthew L.M. Fletcher2 Comments

Last summer, federal judicial nominee Arvo Mikkanen published “The Federal Prosecution of Juveniles” in a special issue of the United States Attorneys’ Bulletin on “Indian Tribal Matters.”

Here is that article: 2010 July – Federal Prosecution of Juveniles – Indian Tribal Matters.

Some Highlights of Arvo Mikkanen’s Litigation Career

Matthew L.M. Fletcher1 Comment

Arvo Mikkanen has prosecuted several cases involving theft from tribal communities, and served as a litigator for the federal government in the Seminole Freedmen case that went to the Tenth Circuit. Here are the published opinions from cases he worked on:

US v. Bullcoming

US v. Oldbear

Sac & Fox Nation v. Cuomo

Citizen Potawatomi Nation v. Norton

Davis v. US

And a short article co-authored by Mr. Mikkanen: Oklahoma Indian Law Attys

Andrew Cohen on Arvo Mikkanen and “the White Man”

Matthew L.M. Fletcher4 Comments

Here.

A snippet:

[G]uess how many federal judges in Oklahoma, and in the rest of the United States, have ever been of Native American descent? Over the past nine generations since the Trail of Tears started depositing its survivors, the number is two. Let me repeat: Of the thousands of federal judges who have served across the nation over the past 224 years since Article III of the Constitution created our federal judiciary, there have been only two Native American jurists, according to statistics at the Federal Judicial Center, the official source of such biographical information about the federal judiciary.

And one of those two, U.S. District Judge Frank Howell Seay, who sits today with senior status in Oklahoma, didn’t even know about his native heritage until he was in his 50s and on the bench (in other words, his nomination and confirmation were based upon the presumption that Seay was a regular ol’ white guy). The other Native American federal judge to ever serve on the bench was Billy Burrage, also in Oklahoma, who was nominated to the bench by President Bill Clinton in 1994. He resigned in 2001. To give you a frame of reference, there have been (just) 170 black federal judges in the nation’s history.