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Rachel Paulose said she will be departing in January, meaning a new U.S. attorney for Minnesota should be confirmed in the summer, according to federal law. But don't count on it.

The Bush administration has been slow to submit the names of U.S. attorneys for confirmation, and an interim choice could potentially be in place about a year -- depending on which party wins the White House in November.

As of late October, there were 23 acting or interim U.S. attorneys out of 93 districts, according to numbers provided by the Senate panel.

The U.S. Patriot Act was amended in June so that when there is a vacancy, the U.S. attorney general has the authority to appoint an interim U.S. attorney for 120 days.

If the time expires and the president hasn't nominated anyone, the district court may appoint a U.S. attorney.

If past practice is an indicator, odds are that First Assistant U.S. Attorney Frank Magill would be named to succeed Paulose.

Many first assistants have risen to the post on a permanent or interim basis, including B. Todd Jones and Bob Small, who each led the Minnesota office.

Carl Tobias, Williams Professor at the University of Richmond (Virginia), has followed the saga of the U.S. attorneys. "It's not even worth it to get a permanent person installed. It's so resource-intensive -- unless there's a consensus pick ... who is not controversial in any way," he said. If Bush tapped a noncontroversial choice that both U.S. senators could agree on, a confirmation could occur. "It would be nice," Tobias said.

Former U.S. Attorney David Lillehaug said he hopes Paulose's successor comes from within the office -- she did not. Lillehaug, appointed by former President Bill Clinton, noted that Magill, former chief of white collar prosecution, is "highly regarded" by prosecutors and federal judges.

"That office needs stability and needs a familiar face in charge," Lillehaug said.

Although Tobias doesn't know Magill, he said his résumé sounds like the type that could make him a solid choice.

Calls seeking comments from the U.S. Department of Justice and executive office for U.S. attorneys in Washington were not returned.

Rochelle Olson • 612-673-1747

Rochelle Olson • raolson@startribune.com