Nearly 40 years ago, James Carr moved to Toledo to teach law at the University of Toledo.
Not long after that, he was recruited to serve as a federal magistrate judge.
Now, approaching his 70th birthday and after having spent more than 30 years as a federal judicial officer - both as a magistrate and since, 1994, as a district judge - Judge Carr said he's ready to retire, although not completely.
The chief judge for the U.S. District Court's northern division, Judge Carr sent a letter last month to President Obama announcing his intention to retire from active service and take on the role of a senior judge.
That means that soon there will be an opening.
"I wanted to give this President the chance to fill the position," Judge Carr said.
"The senators will have the opportunity to select and recommend to the President a new district judge."
The federal court in Toledo houses two active judges and a full-time magistrate.
Four years ago, Judge David Katz chose to go to senior status, giving the courthouse a third judge.
When Judge Katz moved to senior status in 2006, Judge Jack Zouhary was nominated by the two Ohio senators and confirmed by Congress.
Although Judge Carr's an-nouncement will open the door to a new judge, his won't be the only change on the bench this year.
Soon, Magistrate Vernelis Armstrong will move to recall status and the process of choosing a successor is under way.
Magistrate Armstrong, who was not available for comment last week, was appointed a judicial magistrate in 1994, assuming the vacancy left by Judge Carr.
She has served two eight-year terms.
Now past her 70th birthday, the magistrate is not eligible for a third appointment.
The deadline for applicants interested in the post was Feb. 12.
Judge Carr explained that the process used to select a magistrate is mandated by statute and must be completed in strict confidentiality and anonymity.
Not only are the names of the applicants kept under wraps but also withheld are the names of those serving on the selection committee - although the judge revealed that they are predominantly Toledo-area attorneys.
"It works. We've gotten very highly qualified magistrate judges," Judge Carr said of the process.
"I expect that before the end of the year, we will have a new magistrate."
According to the federal Clerk of Court's office, about a dozen applicants filed for magistrate positions recently when the jobs became available in the federal courthouses in Akron and Cleveland.
The committee - made up of appointees by each of the district court judges - will review applications and interview applicants before forwarding five names to the district court judges.
The judges will choose one of those five as the next magistrate, Judge Carr said.
Magistrate judges handle any federal matter, including jury trials for civil cases by consent of the parties, but not a trial of felony criminal cases.
The process to select Judge Carr's successor is left to the state's U.S. senators.
Meghan Dubyak, spokesman for U.S. Sen. Sherrod Brown, a Democrat, said he and U.S. Sen. George Voinovich, a Republican, have created a bipartisan commission to review potential candidates and make recommendations to the other senators.
She said the process was used to fill the last two vacancies for federal judge statewide.
"Traditionally, the senator in the President's party nominates the appointee," she said. "Senator Brown helped create a commission made up of appointed members from both senators. Senator Brown's process for making nomination recommendations breaks with those employed in the past in Ohio," she added.
"The comprehensive process is based on the recommendation of a truly bipartisan judicial commission."
And to dispel concerns of favoritism, the commission created to fill vacancies in the northern district is made up of members living and working in the southern district of Ohio.
During his time on the federal bench, Judge Carr has presided over many notable cases - including most recently, the months-long trial of three men convicted of terrorism-related acts.
A 1966 graduate of Harvard Law School, Judge Carr said he plans to stay active in the court because it's what he loves.
"A senior judge can continue to receive a full case load and can be as fully active as if on active status or have a somewhat reduced case load so, to that extent, be partially retired," the judge said.
"I will remain in full draw for criminal cases and partial draw for civil cases."
Contact Erica Blake at:
eblake@theblade.com
or 419-213-2134.
First Published February 22, 2010, 7:58 p.m.