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Jackson lawyer Michael Wallace said he will ask President Bush on Tuesday to withdraw his nomination to the the 5th U.S. Circuit Court of Appeals.

"I'm going to tell the president next week that I want him to give the nomination to someone else," Wallace said Friday. "It's obvious that I'm not going to be given a vote by the Senate Judiciary Committee, and Democratic U.S. Sen. Patrick Leahy (the incoming committee chairman) has made it clear that I don't meet his qualifications, so I think this is best for me, my family and for the country."

In February, Bush nominated Wallace to fill the 5th Circuit Court seat vacated by Judge Charles Pickering. Wallace is a partner in the Phelps Dunbar law firm in Jackson. He graduated from Harvard University in 1973 and the University of Virginia Law School in 1976. He was a law clerk to former U.S. Chief Justice William H. Rehnquist and former state Chief Justice Harry Walker.

Republican Party Chairman Jim Herring called Wallace one of the most "brilliant and fairest" lawyers he knows. Herring, an attorney, was interviewed by Bush for the position as well.

"I'm extremely saddened by the fact that he had to do it," Herring said. "Mike Wallace has been a great lawyer and is perfectly qualified to be on the 5th Circuit."

Jackson attorney Rob McDuff, who testified against Wallace's nomination before a Senate judiciary panel, would not comment. He had testified at Wallace's confirmation hearing that Wallace has sought to redistrict the state so black voters had less representation in Congress. "Mr. Wallace's argument, if accepted, would have turned the clock in Mississippi back to a time when every one of its congressmen was elected by a white majority," McDuff testified.

Democrats and a number of political interest groups attacked Wallace's nomination, led by a scathing report from the American Bar Association that gave him a "not qualified" rating. The report specifically questioned his record on civil rights, his treatment of minorities and his record on voting rights issues.

The predominantly African-American Magnolia Bar Association also opposed Wallace's nomination on grounds the 5th Circuit bench needs more diversity based on the district's population.

Wallace was reticent about his political opposition, but when asked if he held racist views, Wallace said flatly: "No."

The ABA report noted: "Lawyers and judges stated that Mr. Wallace did not understand or care about issues central to the lives of the poor, minorities, the marginalized, the have-nots and those who do not share his view of the world."

Wallace said Friday that those attacks stemmed from his efforts to reform the federal Legal Services Corp. and stop what he called "political litigation at taxpayer expense" by special interest groups. He also said his representation of the Mississippi GOP when the party was named as a defendant in redistricting cases led to false allegations that he was opposed to the Voting Rights Act.

"That particular redistricting plan had been drafted by three federal judges, two of whom were Democratic appointees," Wallace said. "I was defending my client, and we didn't initiate the litigation. I have no apologies to make to anyone about that representation."

The Wall Street Journal defended Wallace in a July editorial, calling the ABA report "political payback against a judicial nominee."

Wallace said that, despite White House urging, Leahy, D-Vermont, had refused to meet with him. "As it was in Judge Pickering's nomination, the various special interests and their supporters on the committee had their minds made up before I was allowed to testify or respond to any criticism."

But Leahy entered a statement into the committee record on Sept. 5 that stated in part that the ABA's written testimony regarding its rating of Wallace "details the significant concerns raised by numerous jurists around the country regarding Mr. Wallace's judicial temperament, lack of commitment to equal justice for the poor and minorities, lack of tolerance and open-mindedness."

Leahy's statement went on to say: "The report details concerns from judges and lawyers that Mr. Wallace 'may not follow the law' and is driven by his 'personal agenda' and that he lacks common courtesy.

"Of course, the troubling issues raised in the ABA's testimony echo significant concerns about Mr. Wallace's terrible record on civil rights, his opposition to the Voting Rights Act, his support for tax exemptions for Bob Jones University, his opposition to prison safety regulations, and his attempt as President Reagan's director of the board of the Legal Services Corp. to undermine efforts to provide legal services to low-income clients."

Staff writer Laura Hipp contributed to this report.