All that's left is the waiting.

Kenneth Kutz and Dave Grindell each had an interview with Governor Jim Doyle in Madison Monday to determine who would become the next circuit court judge in Burnett County.

The vacancy occurred when circuit court judge Michael Gableman won a seat on the Wisconsin Supreme Court in April. Gableman has since submitted his resignation for the circuit court bench and Gov. Doyle announced the vacancy May 15,

Anyone interested in applying for the position had until May 30 to get their papers in. District Attorney Kutz and corporation counsel Grindell were the only two to apply.

This is the third time Kutz has sought the judgeship in Burnett County.

"When Judge Taylor retired in 2002, I put my name in fort the appointment," Kutz said. "Some people suggested I should put my name in when Judge Gunderson retired, but I didn't feel I had enough experience."

Five other attorneys sought the appointment and a judicial committee selected Kutz and Mark Biller to be interviewed for the position. Following the interviews, however, then-Governor Scott McCallum appointed Gableman to the bench.

When Gableman ran for re-election the following year, Kutz ran against him. While the district attorney has been through this routine before, it's something new for Grindell.

"An opportunity arose and I thought I'd take a chance," he said.

"It was a strange deal — I never thought Judge Gableman would win (Supreme Court race) so I didn't have a lot of time to make the decision to run," Grindell continued.

Since there were only two people to apply, there was no need for a judicial committee to pare down the finalists — both interviewed for the appointment.

"Governor Doyle fills his vacancies promptly and I don't anticipate this being any different," Kutz said of the timeline of the appointment. "My suspicion is we'll know in a couple of weeks."

"Until I know, it will be business as usual," Kutz continued. "I'll be handling cases like I always do."

While both men have cases pending in court Kutz, as district attorney, probably has more potential conflict of interest in his cases.

"There's a D.A. in Barron County who was just appointed to the bench who, as a judge, can't hear any cases he has charged out as a D.A.," Kutz explained. "It would be the same for me if I'm appointed."

If that ends up being the case, he said the judicial administrator of the district would decide who would hear the cases he has charged out as a D.A.

"Anytime local counsel is appointed, that's going to happen," Grindell pointed out.

Grindell, who graduated from UW-Madison Law School in 1981, has contracted as corporation counsel to Burnett County since 1992. He also maintains a general practice in Frederic. He said he splits his time between the two jobs.

Kutz, who graduated from Marquette Law School in 1979, worked in private practice for four years in Ripon before coming to work as an assistant D.A. in the Burnett County District Attorney's office in 1983.

"I ran for the head job in 1986, won, and have been the elected D.A. ever since," he said.

While either man would love to have the job, life goes on if it doesn't happen.

"There will need to be a new corporation counsel hired if I'm appointed," Grindell observed. "But it won't change my position if I'm not."

Kutz, whose current term expires at the end of the year, sees the appointment the same way.

"I'm circulating my nomination papers," he said with a smile. "I want to have the signatures if I need them."

Whoever is appointed will be up for election to the six-year term in April 2009.