PROSECUTOR CONSIDERED FOR FEDERAL BENCH

Veteran prosecutor Gretchen Shappert, who has spent much of her career
going after some of Charlotte's most notorious criminals, could become the
first woman to serve as a federal judge in North Carolina.

Shappert, an assistant U.S. attorney who specializes in organized crime and
drug prosecutions, is being considered for a U.S. District Court judgeship
in Eastern North Carolina, sources have told The Observer.

Shappert, a 46-year-old Republican, declined comment, as did her boss, U.S.
Attorney Bob Conrad. But sources told The Observer Shappert is a serious
contender for a federal judgeship.

Shappert traveled to Washington in April to be interviewed by Alberto
Gonzales, the White House counsel.

The White House has asked the FBI to conduct a background check on
Shappert, sources say. That investigation is under way.

Of the more than 2,900 federal judges appointed across the nation since
1789, only 218 have been women. Shappert, if nominated by President Bush
and confirmed by the U.S. Senate, would be the first woman to serve in
North Carolina as a U.S. District Court judge.

In South Carolina, three women -- Margaret Seymour, Karen LeCraft Henderson
and Cameron McGowan Currie -- have been appointed to federal District Court
judgeships.

Shappert would fill one of the posts now held by U.S. District Judges
William Earl Britt and James Carroll Fox. Britt, appointed to the bench in
1980, and Fox, appointed in 1982, have assumed senior status, moves that
allow them to continue handling cases but at a slower pace.

Shappert, who is usually at her desk before sunrise preparing for trial,
doing research or writing briefs, gets high praise for her work.

"Gretchen's work ethic is legendary," Conrad said. "She's tried more cases
than any other prosecutor in the office. She almost always wins. Whether
she wins or loses, she comes to the office the next day ready to work on
the next case."

Charlotte defense lawyer Noell Tin, who has handled dozens of cases against
Shappert, thinks she's well qualified for a judgeship.

"Gretchen is more than an aggressive trial lawyer," Tin said. "She's very
strategic and bright. Trying cases against Gretchen is like a chess match.
You've got to think two or three steps ahead to keep up with her."

Defense lawyer James Gronquist said Shappert will make an excellent judge
as long as she can make the transition from being an advocate as a
prosecutor to a neutral referee as a judge.

"Gretchen will be good at whatever she does," Gronquist said. "Her life is
her work. It's her whole being."

Shappert's consideration for the federal judgeship is sure to raise alarm
among some lawyers. Some complain she's too aggressive, rigid and
judgmental. Others fear she would be too prosecution-oriented.

"She carries life sentences on her belt like scalps," one lawyer said.

Other lawyers worry Shappert lacks experience in civil law.

"U.S. District Court judges are the most powerful judges in the country,"
one lawyer said. "They've got lifetime tenure. They ought to be well
rounded in terms of their practice and life experiences."

Still others wonder if Shappert can make the transition from government
prosecutor to judge. "Gretchen has been in bed with the government for so
long," one lawyer said. "It's hard to take that prosecutor's hat off."

The nomination of federal judges can be held up in the Senate without the
support of both home-state senators. Sources say Sen. Jesse Helms, R-N.C.,
recommended Shappert to the White House. It's unknown whether she would
have the support of Sen. John Edwards, D-N.C.

The White House won't talk about possible judicial nominations. Spokesmen
for Helms and Edwards also wouldn't comment.

None of North Carolina's 11 current federal judges were career prosecutors.
Judges William Osteen and Norwood Tilley both served as U.S. Attorney in
Greensboro in the 1970s.

Shappert has been a federal prosecutor in the N.C. Western District since
1990. Before that, she was a state prosecutor for two years with the
Mecklenburg District Attorney's office.

But Shappert has experience in both civil litigation and in defending
criminal suspects. She was a Mecklenburg assistant public defender for 5
1/2 years before becoming a state prosecutor.

Before joining the Mecklenburg Public Defender's office, she worked in
private law firms in Raleigh and Charlotte, handling insurance litigation
and family law.

But for most of her career, Shappert has been prosecuting some of
Charlotte's most ruthless criminals -- killers, rapists and robbers -- and
has put many of them in prison for life.

In 1996, Shappert was presented with the U.S. Justice Department's
Director's Award for her prosecutions of neighborhood gangs. A drug
investigation in the Grier Heights neighborhood netted more than 70
convictions with an average prison sentence of more than 15 years.

In 1994, a case she prosecuted led to record-breaking sentences against two
Charlotte crack dealers convicted of murders and drug-related kidnappings,
robberies and assaults. Jermaine Maurice Padgett was sentenced to nine life
terms plus 105 years. Carlos Emanuel Kinard got seven life terms plus 90 years.

In 1990, Shappert obtained a death sentence against John Dennis Daniels,
who was convicted of strangling his aunt with an electric cord. Daniels
remains on North Carolina's death row.

While Shappert wouldn't talk about the rumors swirling in Charlotte's legal
community about her possible nomination to a judgeship, she has previously
talked about why she's dedicated most of her career to prosecuting criminals.

"I practice law where the rubber meets the road," Shappert said. "Being a
prosecutor has allowed me to help victims and make a difference and stand
for justice."