The D.C. Judical Nominating Commission has submitted to President Carter the names of Judge Sylvia Bacon and two lawyers in private practice to fill the vacancy on the D.C. Court of Appeals caused by the death of Associate Judge Austin L. Fickling.
The President must make his choice from the three names within 60 days and send it to the Senate for final action. The nominating commission sent the names to the White House late Tuesday.
Besides Judge Bacon, the commission named John M. Ferren, 39, a partner in the law firm of Hogan and Hartson, and Richard J. Medalie, 47, a partner in the firm of Friedman, Medalie and Ochs.
The death of Judge Fickling on March 6 left Carter with his first opportunity to name a judge to the local appeals court. The term is for 15 years. The President already has submitted to the Senate the names of five persons, including two women and two blacks, to fill vacanies in D.C. Superior Court, which has an authorized strength of 44 judges.
Fickling was black. All three persons whose names were submitted by the nominating commission for his seat on the nine-member court of appeals are white, Judge Bacon is a Republican.
She was named to the Superior Court in 1970 by then President Nixon when the court was reorganized and given general jurisdiction over legal matters in the city. Before her appointment, she had been a lawyer in the criminal division of the Justice Department and had helped draft the law giving the court its present powers. Earlier, she was assistant director of the President's Commission on Crime on the District of Columbia.
Judge Bacon was born in Watertown, S.D. She is a graduate of Vassar College and Harvard Law School. She got a master's degree in law from Georgetown University in 1957 and also served as a law clerk for U.S. District Judge Burnita S. Matthews. From 1957 to 1965, she was an assistant U.S. attorney in the District. In the latter dyear, she joined the President's Commission on Crime here.
Ferren, a native of Kansas City, Mo., came to Washington in 1969 to join the Hogan and Hartson firm, where he was specialized in public interest law. He is a graduate of Harvard College and Harvard Law School.
After getting his law degree, he practiced in Chicago, where he helped set up Neighborhood Legal Advice Committees. In 1966, he returned to Harvard Law School and established its Neighborhood Law Office Program with a grant from the Office of Economic Opportunity. He also became a lecturer and teacher at Harvard Law School. He has written numerous articles on neighborhood legal programs and legal assistance for the poor.
Medalie is a native of Duluth, Minn., and a graduate of the University of Minnesota. Like Bacon and Ferren, he also is a graduate of Harvard Law School. He began his Washington career in 1958, when he was admitted to the bar here.
From 1960 to 1962, he was an assistant solicitor general of the United States, representing the government before the Supreme Court. After two years of private in New York, he became deputy director of the Ford Foundations' Institute of Criminal Law and Procdure at Georgetown University Law Center. He still teachesat Georgetown in addition to carrying on his law practice.