06/10/2008

By SAM HANANEL  / Associated Press

The Senate has unanimously confirmed two Missouri judges to seats on the federal bench.

The voice vote makes Missouri Supreme Court Judge Stephen Limbaugh Jr. and Circuit Court Judge David Gregory Kays the state's newest federal district court judges.

Limbaugh, of Cape Girardeau, will replace a federal judge in St. Louis. Kays, of Lebanon, will fill a seat on the federal court in Kansas City.

The confirmation process for both Missouri nominees has been free of controversy, despite political wrangling over judicial candidates in other parts of the country. Kays was nominated in November and Limbaugh in December.

Both judges had the full support of Missouri's U.S. senators, Republican Kit Bond and Democrat Claire McCaskill. They are replacing judges who took senior status last year and now hear a reduced case load.

Limbaugh, a cousin of conservative radio host Rush Limbaugh, comes from a long line of Missouri judges. His father, Stephen Limbaugh Sr., is currently a federal judge in St. Louis, but has said he would resign to avoid federal nepotism laws once his son was confirmed.

Missouri Supreme Court spokeswoman Beth Riggert said Limbaugh expects to be sworn in later this summer after he and his father on the federal bench wrap up case work.

Once he takes the oath of office, Limbaugh plans to hear cases in St. Louis and at the new courthouse in Cape Girardeau, which is named in honor of Limbaugh's late grandfather, Rush H. Limbaugh Sr.

Former Gov. John Ashcroft appointed Limbaugh to the state high court in 1992, where he served as chief justice from 2001 to 2003.

Kays has been presiding circuit judge for the 26th Judicial Circuit in 2005, which covers Camden, Laclede, Miller, Moniteau and Morgan counties. Both Kays and Limbaugh are former state prosecutors.

Bond praised the confirmation process for its lack of drama.

"It should stand as an example of what the nominations process can be — a minority party and an opposition president producing bipartisan nominations approved unanimously by the (Judiciary) Committee and now considered without delay by the full Senate," Bond said.

With Limbaugh's confirmation, the U.S. District Court for the Eastern District of Missouri will have six judges appointed by Republican presidents and five Democratic appointees.

The U.S. District Court for the Western District of Missouri will have five Democratic appointees and four Republican appointees.

Missouri Gov. Matt Blunt called Limbaugh "a jurist who knows that a judge's role is to interpret the law and not to legislate from the bench." Blunt said Kays "demonstrated his determination, his integrity and fairness by not injecting his personal opinions into his rulings."

Blunt will have a chance to nominate a replacement for Limbaugh on the Supreme Court after candidates are selected by the state's Appellate Judicial Commission.