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No Timetable for Confirmation

Horan nominated to be federal judge

Although officials and colleagues are eagerly anticipating Butler County Judge Marilyn Horan to be confirmed to a federal judgeship, there's no definitive timetable for that to occur.

Horan on Thursday was one of several people nominated by President Barack Obama to become a federal judge. She is nominated to be a U.S. District Judge in the Western District of Pennsylvania.

The next step is for Horan to testify at Senate judiciary hearings in Washington, D.C. Then, there would be a vote in the Senate.

“It's up to the Senate,” said the Western District Clerk of Court Robert Barth Jr. “It can go very quickly, or it can languish.”

Horan's nomination is good until a new Congress starts.

Judges in this federal court see a mix of criminal and civil cases from 13 counties in southwest Pennsylvania, including Butler, Mercer and Clarion counties.

In the 12 months ending in March, the court had 2,624 civil cases and 557 criminal cases.

The cases that come before this court are of four types:

• When the United States is a plaintiff

• When the United States is a defendant

• When the litigants are from different states and the amount in dispute is more than $75,000

• When a federal question is at hand, such as age or race discrimination claims.

Fully staffed, the court would have 10 judges and five senior judges.

Horan's nomination process was a joint effort of Pennsylvania's senators, Democrat Bob Casey and Republican Pat Toomey.

A senior staffer for Casey said both senators put together a judicial selection panel made up of lawyers and residents. The panel puts out an invitation for people to apply for judgeships. The application consists of an extensive questionnaire from the Senate Judiciary Committee.

The panelists talk with applicants and recommend to the senators a list of those who they think are qualified.

Horan — along with other candidates — had extensive interviews with both senators and staff members. After that, the senators negotiate with the White House to select the candidates.

Once those parties agree on the candidates, the Justice Department and the White House begin to investigate the candidates. When that is finished, the president nominates candidates.

With the nomination official, the Senate Judiciary Committee staff begins to investigate the nominees, which can take a month or two.

Following that, hearings are scheduled, where the nominees are questioned at the Senate.

If the committee accepts the nominees, they head to the floor of the Senate to be voted on.

While other states and senators use different models to help pick nominees, this process has been used in Pennsylvania for about 30 years.

The staff member noted every judge nominee under this process has been confirmed.

Under Toomey and Casey, 14 judges in the state have been appointed.

For federal judges, it is a $201,100 salary and a lifetime job — no need for elections every decade like a court judge.

Horan, 60, could not be reached for comment about her nomination.

“Judge Horan is probably the most competent, ethical person they could possibly have nominated,” said Butler attorney Marion Laffey-Ferry, who has known Horan since law school.

Horan graduated from Butler High School in 1972 and studied criminology at Penn State University. She earned her law degree from the University of Pittsburgh School of Law in 1979.

After law school, she spent 17½ years with the law firm of Murrin, Taylor, Flach & Horan. There, she practiced all areas of law including civil and family law matters.

She became a county judge by appointment from then-Gov. Tom Ridge in 1996. She and George Hancher were appointed to fill openings created by the retirements of Floyd Rauschenberger Jr. and John Brydon.

Both judges were then elected to their first decade-long terms, beginning in January 1998. Horan later won a retention vote.

Lawyers and judges in the county were abuzz Friday with news of the appointment.

“This is a loss to the judiciary of Butler County, but a wonderful opportunity for her,” said District Attorney Richard Goldinger. “I have the utmost respect for her as a person and as a judge.”

Many described Horan as hardworking, dedicated and thorough.

“The one thing Judge Horan is known for is being a prepared judge. You better go into her courtroom knowing your case. She works hard and she's diligent,” said Elizabeth Smith, president of the Butler County Bar Association and a Social Security disability attorney.

Former county President Judge Martin O'Brien said he has always been “favorably impressed with her dedication and efficiency as well as our work product ... She's an outstanding jurist.”

But O'Brien, like many, noted it's not just in-the courtroom activities that make Horan a standout.

“The community has recognized her talents both as a judge and in the community with the many awards she has received over the years,” O'Brien said.

Horan has been active in many community programs, including the Community Health Clinic of Butler County, the YMCA, the American Cancer Society, the Community Health Assessment Policy Council, the Butler County Head Start Policy Council and the Center for Community Resources.

In 2014, Horan was selected by the Pennsylvania Bar Association Commission on Women in the Profession as the Anne X. Alpern Award winner. The award is for a woman who demonstrates excellence in the legal profession and who makes a significant impact on women in law.

If Horan leaves her county judgeship, three actions can happen: the seat could remain vacant until the next court election in 2017, the state Supreme Court could appoint a senior or visiting judge to fill the seat part-time until the 2017 election or the state Supreme Court could appoint someone to be a permanent judge on the seat until the 2017 election.

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