A judge who has been on the bench in federal court in Pittsburgh for less than three years is now under consideration for a spot on the 3rd U.S. Circuit Court of Appeals.

Thomas M. Hardiman, 41, who became a judge in the Western District of Pennsylvania in October 2003, could fill a vacancy created on the appeals court after Richard L. Nygaard, of Erie, became a senior judge last summer.

Judge Hardiman did not return a phone call seeking comment. Typically, recommendations are made by U.S. senators. Spokesmen for both Sen. Rick Santorum and Sen. Arlen Specter would not comment.

But U.S. District Chief Judge Donetta W. Ambrose called Judge Hardiman "an absolute star on our court."

"I am sorry to see him go, but very pleased for him," she said.

Judge Hardiman has a perfectly balanced temperament that bodes well in his career, she said.

Former U.S. District Chief Judge Donald Ziegler agreed, calling him a "very, very pleasant surprise on the District Court."

Judge Hardiman is known for treating both lawyers and litigants with respect in his courtroom, Judge Ziegler said.

He described him as "intelligent, hard-working and willing to listen."

"You can't expect much more than that from a judge."

The vacant position that Judge Hardiman is being considered for is generally thought of as a Western District seat, Judge Ziegler said.

"They try to have some geographic balance."

The 3rd Circuit includes all of Pennsylvania, Delaware, New Jersey and the Virgin Islands.

Former U.S. District Judge Robert J. Cindrich, who hired Judge Hardiman as an associate at his firm and then saw him promoted to partner, noted his combination of youth and ability.

"He's also extraordinary. A lot of it is intellect, legal experience. He really has packed in a lot of experience."

Additionally, if Judge Hardiman is confirmed to the seat at such a young age, it gives him more years to serve, Judge Cindrich said.

The appeals court is more scholarly than a position on a district court, he said. It also is more solitary.

"Certainly, the issues are bigger," he said. "Nothing a district court judge does is precedential. [In appeals court], they're setting the law or the interpretation of the law.

"Their work is quite important."

Other people who were considered for the position included: W. Thomas McGough Jr., a partner at the Downtown law firm Reed Smith, who was up in the past for a position on the court, and U.S. District Judge Joy Flowers Conti.

Judge Hardiman, who grew up in Waltham, Mass., is married to the former Lori Zappala, and they have three children.

He earned his bachelor's degree from the University of Notre Dame in 1987 and his law degree from Georgetown University in 1990.

Judge Hardiman was under consideration for a spot on the 3rd Circuit Court in 2002, when he was still a partner at Reed Smith. As a lawyer, he did some criminal defense work but specialized in real estate, contracts, securities and constitutional rights.

There are three vacancies on the 14-judge panel that makes up the appeals court. Of those, only one nomination has so far been submitted.