Correction appended
President Barack Obama nominated Arvo Mikkanen '83, president of the Oklahoma Indian Bar Association, to the position of federal judge for the Northern District of Oklahoma, according to a Feb. 2 White House press release.
If confirmed by the United States Senate, Mikkanen a member of the Kiowa tribe who is of Comanche descent would become the third Native American judge in United States history to preside in a federal court. Mikkanen, whose nomination is currently being considered by the Senate Committee on the Judiciary, would also be the only active Native American federal district judge, The National Law Journal reported.
The announcement of Mikkanen's appointment immediately drew criticism from three Oklahoma congressmen, according to The National Law Journal.
Sen. Tom Coburn, R-Okla., Rep. Dan Boren, D-Okla., and a spokesman for Sen. Jim Inhofe, R-Okla., criticized Obama for failing to consult with Oklahoma congressmen regarding the nomination as one reason for their opposition, The National Law Journal reported.
Mikkanen "is unacceptable for the position and another example of how politics in Washington neglect to take into account what is best for the people of Oklahoma," Coburn said in a statement on his website.
Mikkanen declined to comment when contacted by The Dartmouth due to his pending nomination.
Dan Weber, a former United States attorney for Oklahoma's western district who also acted as Mikkanen's former supervisor, said the criticisms are primarily "process-oriented."
"The senators felt like they weren't consulted either at all or according to customs, and I'm not sure we'll ever get to the bottom of that," Weber said in an interview with The Dartmouth. "But I've been urging our delegation and others to look past that, not hold staff errors against [Mikkanen] and judge him on his merits. I know there are customs and I know they are important, but so is filling a judicial vacancy."
Native American studies professor Bruce Duthu '80, a former classmate and friend of Mikkanen, said that despite concerns from some Oklahoma politicians, Mikkanen's appointment has been in the works for over a decade.
"People around him had been suggesting [Mikkanen] as a prospect for the federal bench even during the Clinton era," Duthu said. "A lot of his colleagues were impressed with his ability as an attorney and as someone who understood the law and how policies impact people's lives."
The 2000 election of former President George W. Bush precluded Mikkanen from appointment, according to Duthu.
"No one expected that Bush would nominate a Democrat to the bench," Duthu said. "With Obama, there was hope that his name would rise again."
It is difficult to predict how Mikkanen, who has also served as assistant United States attorney and presided as a judge for several tribes, would affect policy-making in Oklahoma if Obama's nomination is approved, according to Duthu.
"Federal courts are limited in terms of which cases they can hear, so his impact really depends on which cases can get into federal court," Duthu said.
Duthu said the number of Native Americans in Oklahoma makes the state the "ideal location" for Mikkanen to pursue his interest in Native American federal law.
Chickasaw Nation Lt. Gov. Jefferson Keel, the current president of the National Congress of American Indians, said Mikkanen is a well-qualified candidate, according to the Oklahoma News.
"[Mikkanen is] an outstanding attorney," Keel said. "He's definitely got the background and experience that would prepare him for that position."
Keel said Mikkanen's understanding of tribal issues is important for federal judgeships, as it gives judges a perspective on cases that often appear in court, such as the role of federal jurisdiction when dealing with Native American tribes.
Mikkanen has studied federal Native American law since his undergraduate years at the College, according to Duthu.
A government major, Mikkanen graduated Phi Beta Kappa from Dartmouth and graduated from Yale Law School in 1986.
Mikkanen then moved back to Oklahoma, which currently has the second largest population of Native Americans of any state, according to Duthu.
