Senate unanimously confirms LA federal prosecutor Birotte as US District Court Judge

There’s a new judge in town. By a vote of 100-0, the U.S. Senate has confirmed the nomination of Andre Birotte, Jr. to the U.S. District Court in Los Angeles.

Birotte is an expert on L.A . cops and crime, as well as the workings of the federal courthouse. The son of Haitian refugees, he graduated from Pepperdine University School of Law. Most recently, he served four years as head of the U.S. Attorney’s office in Los Angeles. Under his leadership, the unit investigated the high profile bribery case against California State Senator Ron Calderon, charged retail giant ,Walmart with dumping hazardous waste, shut down marijuana dispensaries and cracked a stock manipulation scheme that defrauded 20,000 thousand investors out of $30 million, using Pamela Anderson as a shill. Loyola Law School Professor Laurie Levenson says there was pressure on the L.A. office, with its regular docket including immigration fraud, gang activity and firearms cases, to shift its focus. "There was a call for more white collar cases and there was criticism that the office wasn't doing enough of those, so he tried to ramp those up." Levenson says terrorism cases became the highest priority, so the anti-terrorism unit was beefed up. And then there was the investigation of the L.A. County Sheriffs Department and alleged inmate abuse at the L.A. City Jail "and you have a pretty busy docket."

Birotte also served as the L.A. Police Department's inspector general at a time when the department was operating under the oversight of a federal consent decree - stemming from what the Justice Department described as the "excessive force, false arrests, and unreasonable searches and seizures" related to the Rampart scandal. But even the Los Angeles Police Protective League, the union that represents LAPD officers, had nice things to say about Birotte, calling him "a man of fairness and integrity who has been willing to review matters involving law enforcement with an objective eye.''

Levenson, a former assistant U.S. Attorney, who's known Birotte since he held the same job, says he has the right temperament for the bench, calling him "one of the most even-keeled people you'll ever meet. He's an incredibly nice guy who's respectful to everybody."

Carl Tobias, law professor at the University of Richmond, wasn't surprised at the unanimous Senate confirmation. He says Birotte was not a controversial nominee and his prosecutorial experience made him a favorite with Republican Senators. Democratic Senator Dianne Feinstein, who recommended that the White House nominate Birotte, says his "commitment to fairness and the rule of law" also earned the "respect of the diverse communities of the Central District."

It's now up to Senator Feinstein to send a nomination to President Obama to replace Birotte as U.S. Attorney in Los Angeles. It's customary for California's two senators to take turns making nominations. Feinstein's office says she's not sending her recommendations on the same day that Birotte is confirmed. But Professor Tobias expects it to happen before the Senate adjourns for the August recess.

Professor Levenson says there are a number of well-qualified potential nominees, including Carolyn Kubota, a partner at O’Melveny & Myers, a white collar expert named one of the “Top Women Litigators” in California by the "Daily Journal", John Hueston who prosecuted the Enron trial of Kenneth Lay and Jeffrey Skilling, and Assistant United States Attorney Wes Hsu.