Benton County prosecutor mulls U.S. Attorney role

Kristin M. Kraemer, Herald staff writer

Longtime Benton County Prosecutor Andy Miller may apply to be Eastern Washington's next chief law enforcer.

A change in the guard at the White House often signals a turnover of U.S. Attorneys across the country.

Jim McDevitt has served the Eastern District of Washington since he was confirmed by the U.S. Senate in November 2001. But he is a presidential appointee and his term ends when President Bush leaves office.

His replacement will be picked by President-elect Barack Obama, and Miller says he may put his name in for consideration.

Miller, 55, is Benton County's only elected official in the Democratic Party and is an Obama supporter.

A new job as a federal prosecutor is an "exciting opportunity," he said, but also would be a change.

"I'm not sure if the U.S. Attorney would get into the courtroom as much, and I still enjoy doing trials," Miller said. "Another issue is I've enjoyed reporting to the voters, and it would be different where I'm reporting to somebody in Washington, D.C., instead of the voters."

Miller is in his sixth term as the county's top prosecutor. He was first elected in 1986.

"I think what I've been doing is a great job and I'm still enjoying it, which is another factor I have to consider," he said.

Miller said he's been thinking about the job for some time while anticipating a change in the White House, but only started to give it serious thought once Obama was elected.

One thing that appeals to him is that "for the most part, the position of U.S. Attorney has been a professional, nonpartisan type of thing."

He pointed out that he is a Democrat elected in a heavily Republican area, and says he has not served as a partisan Democrat.

Miller also said after working with the U.S. Attorney's Office over the years -- most recently on the case of convicted rapist Kenneth Freeman -- he is "very impressed with the dedication and professionalism" of the attorneys.

His counterpart across the river, Franklin County Prosecutor Steve Lowe, said he is not interested in the position.

"I do think it's a great idea that the next U.S. Attorney have local prosecution experience and I heartily endorse Andy, should he choose to apply," Lowe said.

There are five Democratic prosecutors in Eastern Washington, including Miller and Lowe. They are Rea Culwell of Columbia County (a former deputy prosecutor under Miller), Ben Nichols of Asotin County and Karl Sloan of Okanogan County.

Though the next U.S. Attorney in Eastern Washington does not have to be a Democrat, the administration typically picks from within the same party as the president.

Obama, a Democrat, would appoint the attorney following an extensive background check and vetting process by the new U.S. Attorney General.

Eric Holder Jr., Obama's pick for that job, is scheduled for a Senate confirmation hearing Jan. 15. Only after Holder is in place and Obama is sworn in Jan. 20 will the U.S. Attorney applications be reviewed.

The U.S. Attorney also must be confirmed by the Senate.

The role of a U.S. Attorney is to prosecute criminal cases brought by the federal government and to prosecute or defend civil cases in which the United States is a party. The U.S. Attorney by law also must collect debts owed to the government "which are administratively uncollectible."

The Eastern Washington judicial district covers 20 counties "east of the crest of the Cascade Mountains," according to the office's website. The headquarters are in Spokane.

Jeffrey Sullivan is the U.S. Attorney in the Western District of Washington. He was appointed by a federal judge in September 2007 following the firing of John McKay.

Since Sullivan was appointed by the federal court and not the White House, he remains in office until someone new is nominated by the president and confirmed by the Senate.

There are 93 U.S. Attorneys nationwide and in U.S. territories.

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Friday, Jan. 09, 2009

Benton County prosecutor mulls U.S. Attorney role

Kristin M. Kraemer, Herald staff writer