Federal Judicial Nominee Omits Party On Questionnaire

Douglas Rayes

CREDIT: ?Howard Fischer, Capitol Media Services

Arizona Republican Douglas Rayes, Obama nominee for a federal bench, fails to tell?Senate Judiciary Committee?that he is?a Republican.

I’ve written?before?about a federal judicial nominee from Arizona named Douglas Rayes, who is currently up for confirmation before the Senate Judiciary Committee. I could not understand why President Obama nominated this guy, who lied to the Arizona State Bar in writing, and was then passed over for a seat on the Arizona Supreme Court by Governor Jan Brewer.? In?Judge Rayes’ application for the Arizona Supreme Court seat,?he claimed to be a lifelong?Republican, because those are the only people Governor Brewer will appoint. Governor Brewer was right to pass Judge Rayes over, because Justice Hurwitz, the judge being replaced, is a brilliant man and a great legal writer.

In the Senate?questionnaire, Judge Rayes was asked:

“List any memberships and offices held in and services rendered to, whether compensated or not, to any political party or election committee. If you have ever held a position or played a role in a political campaign, identify the particulars of the campaign, including the candidates, dates of the campaign, your title and responsibilities.”

It is a very wordy compound question, meant to cover all the bases; but just about every bit of law you ever read looks like that. Clearly, the?first part is “list any memberships” in “any political party.” What did this lifelong Republican say in response to this question?

Rayes responded:

“I have never held an office in or rendered services to any political party or election committee. I have never played a role in a political campaign nor have I volunteered in a political campaign.”

Was that question too hard for the judge? Did his lifelong enthusiasm for?the Republican Party?wane when Governor Brewer passed him up for a different Republican? Is this why a non-lawyer using the title “Capital Staff Attorney” wrote so many opinions and orders for him in death penalty cases without him noticing that she was not really a lawyer? Maybe the issue of party membership is one?for hair-splitting: Yeah, I’m a lifelong Republican, but I have never officially joined a party that would have me as a member, a la Woody Allen.

Judges in Arizona are supposedly picked in a non-partisan process in which people from different parties are vetted and then nominated and, in the case of Governor Brewer, she picks her favorite person who just happens to be a loyal Republican. However, there was not a speck of evidence on this questionnaire that Judge Rayes, lifelong Republican, in any way, shape, or form identifies himself as a Republican. Lie of omission? Hair-splitting? Does not read with full comprehension? Sneaky? Any way you cut it, it is not good. But, it is so like a Republican from Maricopa County, Arizona. Sheriff Joe and his tank could not have done a better job of rolling over the question asked.

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