“We are only waiting on the Senate Judiciary Committee to hold the hearing and determine the nominee’s fate – to either send him for nomination or not,” Sean Conway, Allard’s chief of staff, said.

The FBI checks, Senate Judiciary Committee checks and American Bar Association rankings have all been completed, Conway said.

Allard and Salazar also have submitted both their blue slips to the committee saying they agree with the nomination and want the hearing to be scheduled.

Conway said the schedule for the committee’s next hearing on Tuesday, Sept. 9 includes hearings for three other judicial court districts: Utah, California and Florida.

“If at least Mr. Goldberg is not given a hearing, then it is clear that Colorado is obviously not as important as Utah, California and Florida are more important to the Senate Judiciary Committee than Colorado, which is facing a judicial crisis,” Conway said. “We are hopeful that the SJC will add Mr. Goldberg or more.”       

Erica Chabot, spokeswoman for Leahy, said the roster for Tuesday’s hearing is set. Although she said she wouldn’t want to “discount the possibility” of Goldberg being added to the hearing, she said she also didn’t want to “suggest” that his name could be added at this point.

“That’s a pretty full hearing. You can’t have nomination hearings with 30 nominees. These are the nominees listed at this time, and Colorado nominees have not been listed at this time,” Chabot said. “It’s not like there are a finite number of people who can be listed for a hearing, but there are other nominees pending before the committee, a couple of which have been pending longer than Goldberg.”

She also said there is a hearing for the Solicitor General, a position she called “very high-level” in the Department of Justice and one that needed to be heard as soon as possible.

“There are vacancies all across the country. We wouldn’t suggest that one is more important than the other. Any judicial vacancy is one that needs to be filled,” Chabot said.

Conway said he thinks the main reason for Goldberg’s delay is political because the nominee met all the criteria and was still not scheduled a hearing.

Salazar and Allard have been working together for several months to get the vacancies on the court filled. Salazar, a Democrat, approved two nominees: Christine Arguello, who is a Democrat and a managing senior associate counsel at the University of Colorado, and Greg Goldberg, a Republican and a private practice attorney.

Allard, who is a Republican, wants Arguello, Goldberg and Assistant U.S. Attorney Phil Brimmer, a Republican, to be approved as a “package” for hearings next Tuesday, Conway said.

Matt Lee-Ashley, spokesman for Salazar, said Salazar does not plan to approve Brimmer’s nomination.

“Salazar’s commission concluded that there were people in Colorado that were more qualified than Brimmer, and out of respect for the process and looking for the best qualified, he’s not going to support that nomination,” Lee-Ashley said.

Now, Allard has held off on submitting his blue slip for Arguello.

“Allard’s goal is to have a hearing for all three nominees,” Conway said. “Allard remains optimistic that he can persuade Salazar that it is in the best interest to get all three nominees through the process in the next month. If that is not accomplished, regardless of the next president, it will take a year or more to get these vacancies filled.”

The congress is scheduled to adjourn on Sept. 26, after which time the appointment process will have to start over again.

“The only factor now is Leahy and the democrats want to play politics with nominations,” he said. “The nominees have passed every test with flying colors.”

Conway said it is “inexcusable” and “embarrassing” that Leahy hasn’t scheduled a hearing for Goldberg.

“It is disappointing that the chairman thinks so lowly of Colorado, that he is so politically motivated that he won’t have one nominee heard. Even when, under his set rules, all the obstacles have been met,” Conway said. “Allard thinks that is absolutely outrageous. I hope the chairman comes to his senses and recognizes that the judicial district with the highest vacancy and the one facing a judicial crisis is worthy of one nominee hearing. Allard will make sure the citizens of Colorado know who is holding Colorado’s judiciary hostage.”

At press time, Conway said “Allard and Salazar continue at this hour to try to come up with a way in which all three vacancies get confirmed. Based on this week, they will continue to work together until all hope is extinguished.”