Patricia Cotter (gov)

Montana’s new U.S. Attorney, Michael Cotter and his wife, Montana Supreme Court Justice Patricia Cotter, have been dubbed Montana’s “power couple” by The Great Falls Tribune, which published an article Monday featuring the couple.

Michael Cotter was confirmed as Montana’s U.S. Attorney last Dec. 24 and he was sworn in on Dec. 30. Patricia Cotter was first elected to the state Supreme Court in 2000 and was re-elected in 2008.

The couple met at the University of Notre Dame School of Law in 1975 and have since focused on building not only their families but both of their legal careers, according to the newspaper. They both started their legal careers working together in the law offices of John C. Hoyt in Great Falls, Mont., according to the newspaper.

When Michael decided to apply to become Montana’s top federal prosecutor, the couple discussed potential conflicts.  “We talked about it before I submitted my name: whether in the past there had been any situations where a federal case came over to the Montana Supreme Court for consideration,” Cotter told the newspaper. “It has happened a few times before but not very often.”

Justice Cotter told the newspaper, “On occasion a federal court can certify to the Montana Supreme Court questions on state law,” adding, “It may happen three or four times a year, and typically the United States is not a party in those cases. I think we’ve had one case in my 10 years on the court in which the United States was a party. If that happened while Mike was a United States Attorney then I would recuse myself.”

Unlesss and until that happens, the new U.S. Attorney will be focused on prosecuting violent crimes, drug trafficking, international organized crime and terrorism, hate crimes, economic crimes, protecting children and crime in Indian country, according to The Tribune.

Michael, who had never before held public office, told the newspaper he considers himself apolitical and plans to maintain that neutrality in his new job. “Politics plays no role in being an attorney representing the government,” Cotter told The Tribune. “It’s the facts of the case and the law that is violated. The facts drive whether or not a crime has been committed.”

Sen. Max Baucus (D-Mont.), who along with Sen. Jon Tester (D-Mont.) recommended Michael for the post, said his recommendation was based on Cotter’s extensive legal experience and commitment to public service, not politics. In a statement, Baucus said, “He has strong expertise, including trying cases in federal court, was well known in Montana legal circles and has extensive roots in the community, including volunteering with youth programs and his church. Mr. Cotter is also experienced in managing personnel both as a private practice attorney and as a 1st Lt. in the U.S. Army.”

Cotter was nominated for the post in September. Baucus’s live-in girlfriend, Melodee Hanes, had been a finalist for the position before she withdrew. She now holds a political appointment at the Justice Department. She became acting Deputy Administrator for Policy in the Justice Department’s Office of Juvenile Justice and Delinquency Prevention a few months after her withdrawal.

Bill Mercer (gov)

Outgoing Montana U.S. Attorney Bill Mercer says his time in public service has led him to one conclusion — never again, The Great Falls Tribune reported yesterday. He told the newspaper, “After 21 years of public service, it’s safe to say I won’t be in public service again, but that’s about as much as I want to say about it for now.”

Mercer told The Tribune he’s proud of improvements he made in communication and cooperation between government on the federal and local levels. However, he credited then-Attorney General John Ashcroft with initiating the push. He also cited progress in Indian Country crime issues as a success of his tenure.

As for his successor, Mike Cotter, who was sworn in Dec. 30, Mercer told the newspaper that the incoming prosecutor’s focus likely will be on prescription drug abuse. “The thorniest problem of this decade for Montana is going to be prescription drug abuse,” Mercer said, adding, “It’s shocking the tremendous number of people reporting prescription drug overdose deaths.”

Cotter said his first week as the state’s top federal prosecutor has been a whirlwind of briefings and meetings, adding that the job has a “pretty steep learning curve,” The Independent Record of Helena, Mont., reports. He joked the learning curve is similar to “drinking water through a fire hose,” the newspaper reported.

Among the issues he cited as priorities are economic crimes, crime in Indian Country and crime against children, The Independent Record reported. Cotter said he will work on goals set forth by the Barack Obama administration in addition to continuing the efforts of Mercer, The Associated Press reports.

Over the holiday week, five U.S. Attorneys were sworn in. They are:

• James L. Santelle (Eastern District of Wisconsin): The former Assistant U.S. Attorney for the Eastern District of Wisconsin was sworn in this morning. He was confirmed Dec. 24. Santelle replaces Bush appointee Steven Biskupic. Biskupic was appointed U.S. Attorney in May 2002. In 2007, Biskupic and his office came under review by congressional investigators looking into the dismissal of U.S. Attorneys. He resigned in January 2009 to join the Milwaukee law firm of Michael Best & Friedrich as a litigator.

• Beth Phillips (Western District of Missouri): The former Assistant U.S. Attorney for the Western District of Missouri was sworn in Dec. 31. She was confirmed Dec. 24. Phillips replaces Bush appointee John Wood. Wood headed the office from 2007 to 2009 before resigning in February to join the D.C. office of a leading Wall Street law firm as a partner.

• Mike Cotter (District of Montana): The private practice attorney was sworn in Dec. 30. He was confirmed Dec. 24. Cotter replaces controversial Bush appointee William Mercer, who had held the post since 2001. Mercer wore two hats at DOJ, serving as U.S. Attorney and as Acting Associate Attorney General from September 2006 to June 2007. At DOJ headquarters, he assisted in the politicized firings of other U.S. Attorneys, congressional investigators found. A federal judge and leading Democrats in Montana had called for his resignation.

• Sanford Coats (Western District of Oklahoma): The former Assistant U.S. Attorney in the Western District of Oklahoma was sworn in Dec. 30. He was confirmed Dec. 24. Coats replaces John C. Richter, who was named to head the office on an interim basis in 2005 and confirmed by the Senate in 2006. Richter resigned in August to teach law at the University of Oklahoma College of Law.

• Barbara McQuade (Eastern District of Michigan): The former Assistant U.S. Attorney in the Eastern District of Michigan was sworn in today. She was confirmed Dec. 24. McQuade replaces Stephen J. Murphy who became U.S. Attorney in 2006. In 2008 he became a federal judge in the Eastern District of Michigan.

Michael W. Cotter (University of Notre Dame, Notre Dame Law School) is nominated to replace William W. Mercer as the U.S. Attorney for Montana.

His vitals:

• Born in Seattle in 1949.
• Has had a private practice for the majority of his career. From 1978 to 1983 in South Bend, Ind. From 2000 to 2007 in Great Falls, Mont. Since 2007 in Helena, Mont.
• Was a partner at Cotter & Cotter in Great Falls, Mont., from 1985 to 2000.
• Worked in the Law Offices of John C. Hoyt in Great Falls, Mont..  from 1984 to 1985 and 1977 to 1978 as an associate.
• Was a law clerk for Robert D. Lee and Barnes & Thornburg in South Bend, Ind.
• Worked as a bartender at Corby’s Irish Pub in South Bend, where scenes from the 1993 Notre Dame football movie “Rudy” were filmed.
• Earned a Masters of Business Administration from University of Utah.
• Was a 1st Lieutenant in the Army from 1972 to 1974, when he was honorably discharged.
• Has tried between 150 to 175 cases, 80 percent of which he was sole or chief counsel. Of those cases, 35 percent were jury trials and 65 percent were non-jury trials.

Click here for his full questionnaire.

UPDATE: On his Office of Government Ethics financial disclosure Cotter reports earning a salary of $70,170. On his Senate Judiciary financial disclosure he reports assets valued at $2,638,000 and liabilities of $493,000 for a net worth of $2,145,000.

President Obama nominated U.S. Attorneys for Missouri, Montana and Iowa today.

They are:

Richard Callahan (Gov)

-Richard G. Callahan (Eastern District of Missouri): The Cole County, Mo., Circuit Court judge would replace Michael Reap, who has been acting U.S. Attorney since Catherine Hanaway resigned in April to join former Attorney General John Ashcroft’s law firm.

-Michael W. Cotter (Montana): The Helena, Mont. lawyer would succeed controversial Bush holdover Bill Mercer, who has been U.S. Attorney since 2001. Mercer was criticized for being the Justice Department’s Principal Associate Deputy Attorney General and Associate Attorney General in Washington, D.C., for almost two years, while simultaneously serving as Montana U.S. Attorney. He has also come under fire for his role in the politicized firings of U.S. Attorneys in 2006.

Nick Klinefeldt (Ahlers & Cooney)

-Nick Klinefeldt (Southern District of Iowa): The Des Moines, Iowa lawyer would replace Matthew G. Whitaker, who has served as U.S. Attorney since 2004. We reported earlier this month that the lawyer has been able to rise above the past of his father, Michael Arthur Klinefeldt, who is serving a 10-year sentence on a methamphetamine conviction.

Stephanie Rose

-Stephanie Rose (Northern District of Iowa): The Northern District of Iowa Assistant U.S. Attorney would succeed Matt Dummermuth, a Bush U.S. Attorney who never won Senate confirmation. Immigration lawyers and immigrant rights advocates have questioned Rose’s role in a controversial round-up of 300 undocumented immigrants working at a meat packing plant in Postville, Iowa last year. Sen. Tom Harkin (D-Iowa) said in May that Rose didn’t take part in the decision to prosecute the immigrant workers.

Read more about the nominees here.

Obama has now made a total of 27 U.S. Attorney nominations. The full Senate has considered 11 of those nominees and they were all confirmed by unanimous consent.