Senator Menendez blocking federal judge's appointment to powerful court of appeals.

A federal magistrate judge nominated to the powerful U.S. Court of Appeals is being blocked by Sen. Robert Menendez, in a little-known use of senatorial courtesy that could kill the appointment, NJ.com reported.

The move, which has effectively derailed the nomination of U.S. Magistrate Patty Shwartz to the Third Circuit, marks the first time a judicial appointee of President Obama has been held up by a senator from his own party.

Menendez, through a spokeswoman, declined comment, as did Shwartz. The White House did not return calls to the press office.

Obama nominated Paterson-born Shwartz to the appeals court in October, saying she would be "a thoughtful and distinguished addition to the Third Circuit."

A 1983 graduate of Rutgers University, Shwartz, 50, grew up in Pompton Lakes and earned her law degree in 1986 from the University of Pennsylvania Law School. She worked in the U.S. Attorney's office from 1989 through 2003 - including two stints as chief of the criminal division - before being named a magistrate judge in U.S. District Court.

Menendez has given no indication why he has yet to sign off on Shwartz's appointment. But her former association with the U.S. Attorney's office, and the support for her nomination by her one-time boss Gov. Chris Christie, may not especially endear her to the senator.

Menendez was the focus of a long-running federal corruption investigation in the heat of tough re-election battle, launched in 2006 when Christie was still U.S. Attorney. That case - criticized by some as politically motivated - was only recently closed without any charges ever been filed.

It is also no secret that Shwartz has a long-term relationship with assistant U.S. attorney James Nobile, who oversaw the Menendez investigation.

The influential U.S. Court of Appeals, the second highest court in the country, has jurisdiction to review all final decisions of federal district courts.

Shwartz's nomination was expected to move swiftly before the Senate Judiciary Committee for a hearing this month, with the state's two Democratic senators - Menendez and Sen. Frank Lautenberg - voicing no immediate opposition.

However, officials with the judiciary committee yesterday said while Lautenberg quickly signed off on the nomination, Menendez failed to return what is known as a "blue slip."

A form of senatorial courtesy, blue slipping is a little-known process that enables a senator to kill an appointment from their home state without taking any overt action other than not returning a blue-colored form to the committee.

Senatorial opposition to federal judicial nominees is not uncommon. In 2007, President Bush selected New Jersey attorney Shalom Stone for a seat on the Third Circuit to fill the vacancy created when Samuel A. Alito Jr. was sworn in as a Supreme Court justice.

But the White House, which ordinarily consults with a nominee's home-state senators, gave Lautenberg and Menendez no input when Stone's name was announced, informing them only after the selection was made. Both put the brakes on the President's appointment, killing it.

Stone, an attorney with Walder, Hayden & Broganin in Roseland, said in an interview that his nomination never reached the Senate.

"It never reached a committee vote," he said. "No one ever told me why."

In the case of Shwartz, however, there were no partisan issues and she was interviewed by the staffs of both Lautenberg and Menendez, the two offices confirmed.

A spokeswoman for the Senate Judiciary Committee said no Democratic senator has ever blocked a judicial nominee of the Obama Administration.

Jonathan Turley, a constitutional law professor at George Washington University, called blue-slipping a "highly abusive and dysfunctional" practice.

Attorney Donald Robinson, who chaired a merit selection committee that reviewed Shwartz's reappointment as a magistrate judge a year ago, called her highly qualified for the appeals court.

"The legal and judicial committee is upset and disturbed about the delay in formalizing the nomination," he said.

John Lacey, a former colleague and past president of the Association of the Federal Bar of New Jersey, also gave Shwartz high marks.

"I don't know why it has been held up," he said. "She is thoughtful, intelligent, and has an extraordinarily high level of common sense. That is the highest praise that can be given to any judge."

Thomas Curtin, chair of the Lawyers Advisory Committee of the U.S. District Court, was questioned about Shwartz during her vetting by the FBI and the American Bar Association.

"She sees the big picture and works very diligently," he said. "She would be an exceptional judge."

A spokesman for Lautenberg said only the senator continues to endorse Shwartz for the court.

"Sen. Lautenberg thinks President Obama made an excellent choice with his nomination of Judge Patty Shwartz for the Third Circuit Court of Appeals, and strongly supports her nomination," said the spokesman, Caley Gray.