Some state-level Democrats are growing antsy as President Joe Biden has yet to name his U.S. attorney nominees for the two federal districts in Arkansas.
More than 10 months into his presidency, Biden has not announced his picks for the U.S. attorney posts in the Eastern District of Arkansas or the Western District of Arkansas.
U.S. attorneys serve as the chief federal law enforcement officers in their districts, and they lead offices that prosecute federal crimes in their designated areas.
The U.S. attorneys' offices have wide discretion over what charges to file, and they hold power over what plea deals to offer defendants. U.S. attorneys, many times the most visible faces of federal law enforcement in their districts, can also serve as a conduit for carrying out broader crime-fighting priorities from the federal Department of Justice.
Jonathan Ross is leading the U.S. attorney's office in the Eastern District, but he is serving in a temporary capacity. His counterpart in the Western District, David Clay Fowlkes, has been leading the office for almost two years but is also serving in a temporary role.
"I had not anticipated that it would be this long before a name would be put forward," said state Sen. Joyce Elliott, D-Little Rock, commenting on the Eastern District post.
Elliott said the Biden administration deals with a lot of topics, but she encouraged the administration to get the U.S. attorney position filled with a Biden nominee.
"Let's get it done," she said.
A U.S. attorney who is nominated by the president can carry more legitimacy because he or she has the backing of the administration and is confirmed by the Senate, Elliott said.
That person can feel more comfortable with moving ahead on the work, she said.
One senior Democratic official in Arkansas said there's important work that's going undone because presidential nominees for U.S. attorney have not been named or put into office.
"There's certainly frustration building in Arkansas over the delay in making and confirming these appointments," the official said.
A number of people, including former elected officials, have forwarded names to the Biden administration for the two positions, the official said.
The White House did not provide a comment to the Arkansas Democrat-Gazette on why nominees for the U.S. attorney posts in Arkansas have not been announced.
A former Democratic lawmaker said party members have some concerns as Biden has not put forward his nominees for the two posts.
Each presidential term is only four years, the former lawmaker said, and every day that goes by is a missed opportunity to fill those positions.
Johnnie Roebuck, national Democratic committeewoman from Arkansas, said party members hope to hear from the White House soon about the two U.S. attorney appointments.
By this time in Donald Trump's presidency, the Eastern District had a presidential nominee in office. The Western District had a Trump nominee in office less than a year into his presidency.
Arkansas is hardly the only state to still be waiting on presidential appointments, state Democrats acknowledge.
In the past, U.S. attorney nominations have been known to come down in the second year of a presidency.
State Sen. Clarke Tucker, D-Little Rock, said he wished it did not take so long to get U.S. attorneys nominated and confirmed. But that has been the case with other administrations as well, he said.
It remains unknown whether Biden will appoint a person of color to one or both of the U.S. attorney spots in Arkansas. There are signs that the Biden administration is aiming to diversify the ranks of the U.S. attorneys, said Miriam Krinsky, founder and executive director of Fair and Just Prosecution.
Many U.S. attorney nominees put forward so far by the Biden administration have been women or people of color. U.S. attorneys need to reflect the diversity of the nation, Krinsky said.
"These are positions that have tremendous clout," said Krinsky, who is a former federal prosecutor, noting the U.S. attorney offices can address police abuse and civil-rights issues.
The Eastern District of Arkansas covers Pulaski County. The district extends to Jonesboro and the state's northeast corner, then stretches south on the state's eastern border to counties with a majority Black population.
The Western District of Arkansas covers Northwest Arkansas, including the cities of Fayetteville, Springdale, Rogers and Bentonville. The district also includes the southwest corner of the state and Texarkana.