Kansas US attorney to get confirmation hearing

But U.S. Attorney Eric Melgren is quickly running out of time to win confirmation to the seat.

Congress is expected to recess at the end of this week or early next week so lawmakers can return home to campaign before the November election. It's not clear when lawmakers will return after that.

Melgren, 51, was nominated in July and has the support of both Kansas senators, Republicans Sam Brownback and Pat Roberts. He would replace U.S. District Judge Monti Belot, who took senior status earlier this year.

The American Bar Association has rated Melgren "well qualified," the highest rating the organization can give judicial nominees.

Brownback on Monday called Melgren an "outstanding nominee" and said he hopes the committee considers his nomination as quickly as possible after the hearing.

Melgren is among five judicial nominees set to appear before the Judiciary Committee on Tuesday to answer questions about their records.

Melgren, who has served as U.S. attorney since 2002, is a longtime Republican Party activist and a member of the Federalist Society, a conservative legal group. He and Brownback have been friends since college, and Melgren previously worked for the senator.

Federal judges nominated by the president must be confirmed by the U.S. Senate. Once confirmed, they serve a lifetime appointment.

Melgren's chances for making it through the process are considered slim given how few days are left for Congress to deliberate this year and the need to pass last-minute legislation, including a $700 million bailout plan for Wall Street.

Even assuming his hearing goes well, the record typically remains open for at least a week before the panel votes on sending nominations to the full Senate. Lawmakers likely will go into recess before such a vote can take place.

The U.S. has 44 vacancies in federal district and appeals courts, with 35 judicial nominees pending in the Senate.