October 4, 2007 CONGRESSIONAL RECORD — SENATE S12753 product, and yet we have 47 million un- Mr. President, I see the chairman of ignates an official within the U.S. De- insured Americans and the highest in- the Committee on Health, Education, partment of Justice, and another with- fant mortality and lowest life expect- Labor, and Pensions is here, and I in the Federal Bureau of Investigation, ancy of any other industrialized na- would appreciate his comments on this to investigate, prosecute, and coordi- tion, we must do whatever we can to issue. nate the investigations of civil rights encourage adoption of electronic pre- Mr. KENNEDY. Mr. President, I violations that occurred prior to 1970 scribing and electronic medical thank the Senator from Rhode Island and resulted in a death. records, not keep in place policies that for drawing our attention to this bar- There is an urgent need for the Con- deter adoption. rier in the advancement of electronic gress to enact this measure. Given the I understand and appreciate that the prescribing. The use of electronic pre- advanced age of defendants and poten- DEA has a very important law enforce- scribing technologies offers an oppor- tial witnesses, there remains only a ment function and needs to have the tunity to improve health care out- small window of opportunity in which tools to enforce the laws and prosecute comes by reducing medication errors to solve these cases. Ultimately, the law breakers. However, electronic pre- and improving patient compliance with purpose of this bill is to provide justice scribing is not a barrier to that. The physician orders and screening for dan- to the families of those who were mur- systems that have been used for years gerous drug-drug interactions. Physi- dered for racially motivated reasons to transmit prescriptions electroni- cians and pharmacies in Massachusetts prior to 1970. The bill expresses the cally are secure and auditable. In fact, have begun to adopt e-prescribing and sense of Congress that all authorities electronic prescribing will not only patients are benefiting. Massachusetts with jurisdiction, including the Federal help enforcement but will create new was recently recognized as the State Bureau of Investigation and other enti- opportunities to prevent abuse of con- with the highest volume of electronic ties within the U.S. Department of Jus- trolled substances. Existing e-pre- prescriptions per capita. Electronic tice, should expeditiously investigate scribing processes are actually more prescribing systems offer security ad- unsolved civil rights murders, and pro- secure than written prescriptions. vantages beyond those available vide the resources necessary to ensure Banking transactions have been con- through a paper-based system by re- timely and thorough investigations in ducted for years electronically, and au- quiring user authentication and gener- the cases involved. thorities have been able to prosecute ating an audit trail of prescriptions The families of the victims of these people who misuse the technology. I submitted to pharmacies. Creating a heinous crimes deserve no less. It is my am confident we can do the same with method by which controlled substances hope that this bill, which has been ap- respect to any misuse regarding con- can be safely and securely prescribed proved by the Senate Judiciary Com- trolled substances. electronically will encourage physi- mittee, will soon be voted upon and I know that the DEA has acknowl- cians’ adoption of the technology. I passed by the Senate. edged that e-prescribing offers many support the Senator from Rhode Is- The PRESIDING OFFICER. The Sen- benefits and has considered ways to ator from Washington. allow the electronic transmission of land’s proposal for a joint report by the f controlled substance prescriptions. And U.S. Drug Enforcement Administration I know that DEA and Health and and the Department of Health and EXECUTIVE SESSION Human Services held a public meeting Human Services to evaluate how elec- last year to begin to address this issue. tronic prescribing of controlled sub- NOMINATION OF JENNIFER WALK- That was a great first step, but stances can be safely achieved. I also ER ELROD TO BE UNITED progress has been very slow and now we urge the Drug Enforcement Agency to STATES CIRCUIT JUDGE FOR need to solve this problem in a way adopt rules allowing controlled sub- THE FIFTH CIRCUIT that realizes the benefits of health IT, stances to be electronically prescribed is secure, scalable within the industry, and in the absence of such rules look Mrs. MURRAY. Mr. President, I ask and that protects the DEA’s interests. forward to working with my colleagues that the Senate proceed to executive One relatively easy fix may be to to address the issue legislatively. session to consider Executive Calendar simply amend the Controlled Sub- Ms. MIKULSKI. Mr. President, I No. 302, as under the previous order. stances Act to permit electronic pre- agree with the Senator from Massachu- The PRESIDING OFFICER. Under scribing. There may be other ways to setts. I am committed to working with the previous order, the Senate will pro- address the problem, and I am open to the Senator from Rhode Island, the ceed to executive session to consider discussing those. What is critical is Senator from Michigan, and the chair- the following nomination, which the that we find a way to allow e-pre- man of the HELP Committee to solve clerk will report. scribing for all medications soon— this problem. The assistant legislative clerk read every day we delay, the cost in dollars Mr. WHITEHOUSE. Mr. President, I the nomination of Jennifer Walker and lives grows. We need incentives to thank the chairman and all my col- Elrod, of , to be United States encourage adoption of e-prescribing, leagues for their help on this issue. Circuit Judge for the Fifth Circuit. not roadblocks to adoption. Increased Mr. BYRD. Mr. President, today I Mrs. MURRAY. Mr. President, I ask use of electronic prescribing will in- voted to table an amendment offered unanimous consent for 5 minutes under crease patient compliance, improve by Senator COBURN to H.R. 3093, the the time of Senator LEAHY. health outcomes, reduce medication er- Commerce, Justice, Science, and Re- The PRESIDING OFFICER. Without rors, and reduce health care costs. lated Agencies Appropriations Act of objection, it is so ordered. It is my sense that DEA should not 2008, which would have shifted funding NOMINATION OF RICHARD A. JONES invest additional resources in pursuing to the Civil Rights Division within the Mrs. MURRAY. Mr. President, I am plans to allow e-prescribing of con- U.S. Department of Justice for the in- honored to come to the floor today to trolled substances through measures vestigation and prosecution of un- speak on behalf of Richard Jones. He is that are unnecessarily high in cost and solved civil rights cases. a distinguished lawyer and a King complexity. I share Senator COBURN’s fervent and County Superior Court judge from my I join my colleagues in urging DEA sincere desire to solve these ghastly home State. He is a man who enjoys to quickly adopt rules allowing elec- crimes. However, I do not believe that broad bipartisan support, and he de- tronic prescribing of controlled sub- his amendment would achieve this im- serves a seat on the Federal bench. stances that rely on the high level of portant task. Instead, the Senate President Bush nominated Judge security built into the existing e-pre- should consider and pass S. 535, the Jones to be a district court judge for scribing infrastructure and are deemed Emmett Till Unsolved Civil Rights the Western District of Washington workable by all stakeholders. Crime Act. I am a cosponsor of this State. He is an excellent choice. I am Absent a timely adoption of such bill, which would commit the resources very proud to be here this afternoon to DEA rules, I look forward to working of the U.S. Government to inves- support him, and I urge my colleagues with my colleagues to find a solution tigating and prosecuting racially moti- to support him as well. to the prohibition on electronic pre- vated murders that occurred on or be- If you were to ask lawyers or judges scribing of certain medicines this year. fore December 31, 1969. The bill des- in my home State about Judge Jones,

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.084 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12754 CONGRESSIONAL RECORD — SENATE October 4, 2007 some of the descriptions you would minority youths. He has worked in the Elrod for the Fifth Circuit, Roslynn hear are, ‘‘He is admired by everyone community to expand opportunities for Renee Mauskopf for the Eastern Dis- in the justice system.’’ ‘‘He gives re- students to pursue legal careers by sup- trict of New York, Richard Jones for spect, and he gets respect.’’ ‘‘The test porting youth-oriented legal programs. the Western District of Washington, of one’s performance is the way they Judge Jones has shown a commitment and Sharion Aycock for the Northern handle the smaller cases. Richard dis- to the people of his community, and District of Mississippi. They each have plays precisely that same degree of that is one of the reasons why they the support of both home State Sen- sensitivity to all who appear before have shown a commitment to him. ators. I thank Senators MURRAY, CANT- him.’’ Since he was first appointed in 1994, WELL, COCHRAN, LOTT, HUTCHINSON, The Seattle Times described this the voters of King County have re- CORNYN, SCHUMER and CLINTON for nomination by saying: elected him three times. I know I speak their work in connection with these This is a lifetime appointment with no on behalf of a large number of people in nominations. room for mistakes, and we believe there is no my State’s legal and law enforcement The progress we have made this year mistake here. community in saying that our Federal in considering and confirming judicial I couldn’t agree more. Judge Jones bench will be stronger with Richard nominations is sometimes lost amid has handled some of the most difficult Jones. the partisan sniping over the most con- cases in western Washington in the It is my pleasure to be here on the troversial nominations. past decade and he has won the respect floor this afternoon to support his If the nominations we consider today of everyone who has come before him. nomination. He has garnered bipar- are confirmed, the Senate will have al- He presided over the sentencing of tisan support in my State, and I am ready confirmed 33 nominations for Gary Ridgway, who was known as the confident that his record of fair and lifetime appointments to the Federal ‘‘Green River Killer.’’ Ridgway pleaded unbiased service will earn him a bipar- bench this session alone. That is more guilty to 48 counts of aggravated first- tisan vote on the floor of the Senate judicial nominations than were con- degree murder in 2003 and is one of the today. I urge all of my colleagues to firmed in all of 2005 or 2006 with a Re- most prolific serial killers in American support this nomination. publican majority. It is 16 more con- history. That would be a tough case for I yield the floor. firmations than were achieved during any judge, but Judge Jones earned Mr. LEAHY. Mr. President, we have the entire 1996 session, nearly doubling praise for the sensitivity and dignity nominations before us for lifetime ap- that session’s total of 17, when Repub- licans stalled consideration of Presi- he showed for the victims of the Green pointments to the Federal bench of dent Clinton’s nominations. River killer. Jennifer Walker Elrod of the Fifth Cir- Judge Elrod would be the Fourth Cir- As a result of that case—and in rec- cuit, Roslynn Renee Mauskopf for the cuit court nominee confirmed so far ognition of his long service to Wash- Eastern District of New York, Richard this year. That is more than the num- ington State—in 2004, Judge Jones re- Jones for the Western District of Wash- ber of President Clinton’s circuit court ceived the ‘‘Judge of the Year Award’’ ington, and Sharion Aycock for the nominations confirmed by this time in from the Asian Bar Association of Northern District of Mississippi. 1999 with a Republican-led Senate and Washington, from the King County Bar The yeas and nays have not been or- four more than the Republican-led Sen- Association, from the Washington dered on any of these, have they? ate confirmed in the entire 1996 ses- State Bar Association, and from the The PRESIDING OFFICER. Only the sion. That was the session in which not Washington State Trial Lawyers Asso- nomination of Ms. Elrod has been re- a single circuit court nominee was con- ciation. ported. firmed. That is more than were con- Judge Jones has also been praised by Mr. LEAHY. But no request has been firmed in all of 1993 and equals the his peers for handling cases far out of made for the yeas and nays; is that cor- total in 1983. the media spotlight with the same care rect? If the nominations are confirmed and attention. Both Senator CANTWELL The PRESIDING OFFICER. That is today, the Senate will have confirmed and I assisted the President in choos- correct. 21 circuit court nominations and 133 ing Judge Jones from a list of very Mr. LEAHY. Mr. President, for the total Federal judicial nominees in my qualified candidates. When I met him, I interest of my colleagues, I do not an- tenure as Judiciary chairman. During was so impressed with his sensitivity, ticipate—I do not intend to ask for the the Bush Presidency, more circuit his professionalism, and his overall yeas and nays on any of these. I have judges, more district judges—more sense of fairness. Throughout his ca- discussed this with the distinguished total judges—have been confirmed in reer, Judge Jones has won high praise senior Senator from Pennsylvania, the first 24 months that I served as Ju- for his judicial demeanor and for the Senator SPECTER, and I believe I am diciary chairman than during the 2- respect he shows all parties. authorized to speak for him that he is year tenures of either of the two Re- In the courtroom, Judge Jones is not going to be requesting the yeas and publican chairmen working with Re- known for making articulate and pow- nays. publican Senate majorities. erful statements that make clear Mr. CARDIN. Would my distin- Today, we consider a nominee to the where he stands. He clearly meets the guished chairman yield for a moment? Fifth Circuit. During the Clinton ad- standards of fairness, evenhandedness, Mr. LEAHY. Yes. ministration several outstanding nomi- and adherence to the law we all expect Mr. CARDIN. As you know, I am nees to the Fifth Circuit were pocket from our Federal judges. going to be opposing the nomination of filibustered. They included Judge In his personal background, he grad- Jennifer Walker Elrod, but I will not be Jorge Rangel of Texas, Enrique Moreno uated from Seattle University and the seeking a record vote. of Texas and Alston Johnson of Lou- University of Washington School of Mr. LEAHY. Mr. President, I thank isiana. They were pocket filibustered Law. In private practice, Richard Jones the distinguished Senator from Mary- without a hearing or committee con- successfully represented both plaintiffs land. I know he is going to be speaking sideration. In contrast, the Judiciary and defendants in a variety of civil on that nomination and stating his Committee has proceeded with this cases. As a State and a Federal pros- reasons for opposition, but I wanted it nomination. ecutor, he had extensive experience known by both leaders that I will not The Administrative Office of the U.S. prosecuting criminal cases. Most re- be requesting a rollcall vote on any of Courts will list 44 judicial vacancies cently, as a full-time King County Su- these. I see the distinguished senior after today’s confirmations. The Presi- perior Court judge, Richard Jones has Senator from Mississippi is on the floor dent has sent us only 20 nominations distinguished himself and won broad and I have advised him of that also. for these remaining vacancies. Twenty- support. The Senate continues, as we have all four of these vacancies—more than In addition to all of those profes- year, to make progress filling judicial half—have no nominee. Of the 16 vacan- sional responsibilities, Judge Jones vacancies when the White House will cies deemed by the Administrative Of- also has been deeply involved in com- work with us. The nominations before fice to be judicial emergencies, the munity activities. He served as a us today for lifetime appointments to President has yet to send us nominees YMCA board member and mentored the Federal bench are Jennifer Walker for half of them. Of the 15 circuit court

VerDate Aug 31 2005 04:32 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.116 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12755 vacancies, 6—more than a third—are I congratulate the nominees and It includes background check im- without a nominee. If the President their families on their confirmations provements together with other sen- would decide to work with the Sen- today. sible yet effective safety improvement ators from Michigan, Rhode Island, The Judiciary Committee has re- measures supported by law enforce- Maryland, California, New Jersey, and ported dozens of measures to the Sen- ment across the country. Accordingly, Virginia, we could be in position to ate that await action, from privacy I urge the Senate to take up and swift- make even more progress. legislation to war profiteering legisla- ly pass S. 2084. If we are prohibited by We have helped cut the circuit vacan- tion to court legislation, all on a bipar- objection from doing so by unanimous cies from a high mark of 32 in the early tisan basis. Yet we are stalled on sev- consent, then let us move to it and let days of this administration, to as few eral important matters. those with objections seek to amend as 13. Contrast that with the Repub- I have spoken before of the Repub- those provisions to which they object. lican-led Senate’s lack of action on lican objection to our going to con- There are too many incidents at too President Clinton’s moderate and ference to finish work on the Court Se- many colleges and schools nationwide. qualified nominees that resulted in in- curity Improvement Act, S. 378, which This terrorizes students and their par- creasing circuit vacancies during the the committee reported to the Senate ents. We should be doing what we can Clinton years from 17 to 26. During back in March. We had to overcome a to help. Just this past week, a troubled those years, the Republican-led Senate filibuster just to consider it. It ulti- student wearing a Fred Flintstone engaged in strenuous and successful ef- mately passed the Senate 97 to zero. mask and carrying a rifle through cam- forts under the radar to keep circuit We are being prevented from going to pus was arrested at St. John’s Univer- judgeships vacant in anticipation of a conference to resolve differences with sity in Queens, NY, prompting authori- Republican President. the House by Republican objection. ties to lock down the campus for 3 More than 60 percent of current cir- I have spoken before about the War hours. cuit court judges were appointed by Profiteering Prevention Act, S. 119, The next day, an armed 17-year-old Republican Presidents, with the cur- what has been stalled for months by on the other side of the country in rent President having appointed more unspecified Republican objections. Oroville, CA, held students hostage at than 30 percent of the active circuit I have spoken before about the Em- Las Plumas High School, which also re- judges already. mett Till Unsolved Civil Rights Crimes sulted in a lock-down. The students in Two of the vacancies being filled Act, S. 535. It was reported unani- these situations escaped with their today are categorized by the Adminis- mously by the Judiciary Committee, lives. trative Office of the United States yet a Republican Senator objected to University of Memphis student Tay- Courts as judicial emergency vacan- Senate passage this week. lor Bradford was not so lucky. He was Similarly there is a modest bill to cies. With these confirmations we will killed on campus this past Sunday extend temporary judgeships in five have proceeded to fill 18 such vacancies morning in what university officials districts, S. 1327. That simple bill is this year. believe was a targeted attack. He was Jennifer Walker Elrod is a judge on likewise being prevented from passage 21 years old. Shalita Middleton and Na- the 190th District Court for Harris by a Republican objection. thaniel Pew were not so lucky. They County, TX, a position she has held Today, I want to focus on another were both wounded during an incident since 2002. A native of Port Arthur, TX, important measure, the School Safety at Delaware State and are still hos- and a graduate of Baylor University and Law Enforcement Improvement pitalized from the gun shot wounds and , Judge Elrod Act. with Ms. Middleton still in serious con- clerked for Judge on the U.S. Two months ago, the Senate Judici- dition. They are each only 17 years old. District Court for the Southern Dis- ary Committee originated the School The School Safety and Law Enforce- trict of Texas and spent 8 years in pri- Safety and Law Enforcement Improve- ment Improvement Act responds di- vate practice at Baker Botts before ment Act of 2007, a legislative package rectly to incidents like these by joining the bench. that responds to the tragic deaths that Roslynn Renee Mauskopf has served occurred this past April on the campus squarely addressing the problem of vio- as U.S. attorney for the Eastern Dis- of Virginia Tech. We tried to show def- lence in our schools in several ways. trict of New York since her 2002 ap- erence to Governor Kaine and the task The bill enlists the States as partners pointment by President Bush. Ms. forces at work in Virginia and to com- in the dissemination of critical infor- Mauskopf received her B.A. from Bran- plement their work and recommenda- mation by making significant improve- deis and her law degree from George- tions. Working with several Senators, ments to the National Instant Back- town before spending 13 years as assist- including Senators BOXER, REED, SPEC- ground Check System, known as the ant district attorney in the New York TER, FEINGOLD, SCHUMER, and DURBIN, NICS system. The bill also authorizes County District Attorney’s Office and the Committee originated this bill and Federal assistance for programs to im- serving a stint as New York State’s in- reported it before the commencement prove the safety and security of our spector general. of the academic year in the hope that schools and institutions of higher edu- Richard Anthony Jones has been a the full Senate could pass these crit- cation, provides equitable benefits to judge on the King County Superior ical school safety improvements this law enforcement serving those institu- Court since 1994. Previously, Judge fall. tions, and funds pilot programs to de- Jones, a graduate of Seattle University Over the past 2 weeks, Senator SCHU- velop cutting-edge prevention and and the University of Washington MER and I have tried separately to pass intervention programs for our schools. School of Law, served as an assistant the component of the bill designed to The bill also clarifies and strengthens 2 U.S. attorney in the Western District fix flaws in the Nation’s background existing statutes—the Terrorist Hoax of Washington, staff attorney for the check system. Regrettably, our efforts Improvements Act and the Law En- Port of Seattle, and deputy prosecuting were blocked by a single Senator. forcement Officers Safety Act—which attorney for King County, also spend- I do not think the Senate should con- are designed to improve public safety. ing 6 years in private practice at Bogle tinue to stand by and wait for the next Specifically, title I would improve and Gates. horrific school tragedy to make the the safety and security of students Sharion Aycock has been a state critical changes necessary to insure both at the elementary and secondary trial judge on the First Circuit Court safety in our schools and on our college school level, and on college and univer- District in Tupelo, MS, since 2003. A campuses. Risks of school violence will sity campuses. The K–12 improvements native of Tupelo, MS, Judge Aycock, not go away just because Congress may are drawn from a bill that Senator who received her B.A. from Mississippi shift its focus. In just the last few BOXER introduced in April, and I want State University and her J.D. from weeks we have seen tragedy at Dela- to thank Senator BOXER for her hard Mississippi College School of Law, ware State and Memphis, as well as in- work on this issue. The improvements served for 8 years as Itawamba County cidents in California and New York. I include increased funding for much- prosecuting attorney, and spent time urge the Senate to move aggressively needed infrastructure changes to im- in private practice in Mississippi as a with the comprehensive school safety prove security as well as the establish- solo practitioner and at law firms. legislation. ment of hotlines and tip-lines, which

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.118 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12756 CONGRESSIONAL RECORD — SENATE October 4, 2007 will enable students to report poten- Finally, title VI incorporates the her experience, and her temperament tially dangerous situations to school Terrorist Hoax Improvements Act of to serve as a U.S. district court judge. administrators before they occur. 2007, at the request of Senator KEN- As a lawyer, she was highly respected, To address the new realities of cam- NEDY. and as a judge on our State court that pus safety, title I also creates a match- Let us go forward and act now on this has general, civil, and criminal juris- ing grant program for campus safety important bill. The Virginia Tech Re- diction, she has served with com- and security to be administered out of view Panel—a body commissioned by petence and distinction and with a the COPS Office of the Department of Governor Tim Kaine to study the Vir- keen sense of fairness. She will reflect Justice. ginia Tech tragedy—recently issued its great credit on the Federal judiciary, The grant program would allow insti- findings based on a 4-month long inves- in my opinion. Judge Aycock has tutions of higher education to apply, tigation of the incident and its after- earned the respect and admiration of for the first time, directly for Federal math. This bill would adopt a number her fellow lawyers, as well as the funds to make school safety and secu- of recommendations from the Review judges who have worked with her. She rity improvements. The program is au- Panel aimed at improving school safe- has been selected to serve in many pro- thorized to be appropriated at ty planning and reporting information fessional and community positions of $50,000,000 for the next 2 fiscal years. to NICS. trust and responsibility. While this amounts to just $3 per stu- We must not miss this opportunity to The American Bar Association’s dent each year, it will enable schools implement these initiatives nation- Standing Committee on the Federal to more effectively respond to dan- wide, and to take concrete steps to en- Judiciary unanimously concluded that gerous situations on campus. sure the safety of our kids. she is ‘‘well qualified’’ to serve as a Title II of the bill seeks to improve I recognize that there is no panacea Federal district court judge. This is the the NICS system. The senseless loss of to end the sad phenomenon of school highest rating a judicial nominee can life at Virginia Tech revealed deep violence. The recent tragedies should receive from the American Bar Asso- flaws in the transfer of information rel- prompt us to respond in realistic and ciation. evant to gun purchases between the meaningful ways when we are pre- She was born and raised in the north- States and the Federal Government. sented with such challenges. I hope the east Mississippi town of Tremont in The defects in the current system per- Senate can promptly move this bill for- Itawamba County, where she graduated mitted the perpetrator of this terrible ward to invest in the safety of our stu- from high school with honors and was crime to obtain a firearm even though dents and better support law enforce- elected President of the student body. a judge had declared him to be a danger ment officers across the country. She also graduated with honors from to himself and thus ineligible under Mr. President, I apologize to my col- Mississippi State University in 1977, Federal law. leagues for my voice. We seem to have studying economics and political Seung-Hui Cho was not eligible to enough matter in the air to affect it. I science. While a student there, she was buy a weapon given his mental health look forward to the fact that in a cou- selected for membership in Phi Kappa history, but he was still able to pass a ple of days I will be in Vermont where Phi, the Nation’s oldest and largest background check because data was the air is much nicer, although I do honor society. She was inducted into missing from the system. We are work- love this area. I once had a longtime the Mississippi State University Hall of ing to close gaps in the NICS system. Fame, the university’s highest under- Title II will correct these problems, resident of Washington, DC, sitting on graduate honor. She also served as and for the first time will create a the front lawn of my farm in Mid- President of her social sorority. legal regime in which disqualifying dlesex, VT, looking out over miles of She received her law degree from the mental health records, both at the valleys surrounded by mountains. You Mississippi College School of Law, State and Federal level, would regu- don’t see another person, just this where she served as co-editor in chief larly be reported into the NICS system. magnificent view. It was a clear day. Title III would make sworn law en- I said to him: There, what do you of the Law Review and as treasurer of forcement officers who work for pri- think of that view? the Student Body Association. She vate institutions of higher education He said: I don’t like it. graduated second out of a class of 146 and rail carriers eligible for death and I said: What do you mean? You came and was admitted to practice law by disability benefits, and for funds ad- here from Washington, and you are see- the Mississippi State Bar. ministered under the Byrne grant pro- ing one of the most beautiful views After graduating from law school, gram and the bulletproof vest partner- anywhere in the State of Vermont, and Ms. Aycock returned to Itawamba ship grant program. you don’t like it? What don’t you like County and started her own practice in Providing this equitable treatment is about it? 1984. During her 12 years of law prac- in the best interest of our Nation’s edu- He said: I don’t trust air that I can- tice, she represented the Itawamba cators and students and will serve to not see. County Board of Supervisors and the place the support of the Federal Gov- Well, we cannot see the air there, Board of Education, the town of ernment behind the dedicated law en- but, boy, we can breathe it. I enjoy Tremont, the city of Fulton, and the forcement officers who serve and pro- that. Northeast Mississippi Natural Gas Dis- tect private colleges and universities I yield the floor. trict. She served as the Itawamba nationwide. I commend Senator JACK The PRESIDING OFFICER. The Sen- County prosecuting attorney from 1984 REED for his leadership in this area. ator from Pennsylvania is recognized. to 1992 and was honored as the State’s Title IV of the bill makes improve- Mr. SPECTER. Mr. President, I yield most distinguished juvenile justice ments to the Law Enforcement Officers 5 minutes to the Senator from Mis- professional. Safety Act of 2003. These amendments sissippi and then 5 minutes to the Sen- Judge Aycock was elected circuit to existing law will streamline the sys- ator from Texas. court judge for the First Circuit Court tem by which qualified retired and ac- The PRESIDING OFFICER. The Sen- District of Mississippi in November tive officers can be certified under ator from Mississippi is recognized. 2002. She was unopposed when she LEOSA. It serves us all when we per- Mr. LEAHY. Mr. President, I will sought reelection 4 years later, in No- mit qualified officers, with a dem- yield 15 minutes to the Senator from vember 2006. onstrated commitment to law enforce- Maryland following that. Except for statewide elected officials, ment and no adverse employment his- NOMINATION OF JUDGE SHARION AYCOCK trial judges have the largest geo- tory, to protect themselves and their Mr. COCHRAN. Mr. President, I am graphic areas of responsibility in our families wherever they may be. pleased to support the nomination of State under their jurisdiction. The fact Title V incorporates the PRE- Judge Sharion Aycock and recommend that she was unopposed when she was CAUTION Act, which Senators FEIN- her confirmation as U.S. district court reelected in 2006 means that many peo- GOLD and SPECTER asked to have in- judge for the Northern District of Mis- ple respected and appreciated the tre- cluded. This provision authorizes sissippi. mendous job she had done as a trial grants to develop prevention and inter- Judge Aycock is exceptionally well judge. Her court’s docket is one of the vention programs for our schools. qualified by reason of her education, busiest in the State of Mississippi, and

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.059 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12757 it is also one of the largest districts, Itawamba County Hospital Founda- nonjury trials. Before that, Judge encompassing seven counties. tion, a Member of the Three Rivers Elrod practiced law in , TX, in During her tenure on the circuit Area Health Services, Inc., Co-Chair- the trial department of Baker Botts, a court, Judge Aycock has had the op- man of the Itawamba County March of top national law firm. portunity to hear numerous criminal Dimes, and Chairman of the Prairie Judge Elrod is known for her out- and civil cases, covering a broad range Girl Scouts Capital Fund Drive for standing intellect, her strong work of subjects. She has expedited the work Itawamba County. She was chosen as ethic, her integrity, and her courteous of the court, both on the civil and the ‘‘Itawamba County Good Citizen of demeanor. She has an outstanding criminal dockets. She led the court in 2000’’ and selected as one of the Mis- record as a practicing attorney and as disposing of civil cases and the collec- sissippi Business Journal’s ‘‘Top 40 an active State court judge. She has tion of fines and criminal cases. Under 40.’’ demonstrated an impressive commit- She has contributed substantially to In addition to being heavily involved ment to public service and pro bono the improvement of the administration in her local community, Judge Aycock work throughout her career. of justice in our State and in the bet- has been an active member in the Mis- Both while in private practice and terment of her community. sissippi Bar Association. She served as while serving the people of Texas as a She has been an active member of First Judicial District President and trial judge, Judge Elrod has dedicated local and State bar associations. She Secretary, and was honored as a Fellow much of her free time to improving the served as First Judicial District sec- of the Mississippi Bar Foundation. lives of those less fortunate in the com- retary and president and was the first During her professional career, she munity. woman to serve as president of the Mis- has also received several gubernatorial Even with the demands of a career in sissippi Bar Foundation, an organiza- appointments, including appointments the law, she also found time to serve as tion dedicated to the improvement of to the Board of the Mississippi Home a board member and chairwoman of the the administration of justice in our Corporation; Board Member and Past Gulf Coast Legal Foundation, now State. She is also a fellow of the Mis- Chairman of the Mississippi State Per- called Lone Star Legal Aid. This orga- sissippi Bar Foundation. sonnel Board; and a Member of the nization serves more than 1 million She served as president of the Governor’s Commission on Youth and low-income Texans, making it the Itawamba County Development Coun- Children. fourth largest legal aid program in the cil, as a member of the Itawamba Judge Aycock is currently Circuit Nation. She also served as general County Hospital Foundation, and as Court Judge of the First Circuit Court counsel to Communities in Schools in cochair of the Itawamba County March District of Mississippi, a position she Houston and as the cochair of the of Dimes. was elected to in November of 2002. Houston Volunteer Association’s Legal Senator LOTT and I recommended the During her tenure, Judge Aycock has Hotline. nomination of Judge Aycock in Decem- had the opportunity to hear numerous As a judge, she assisted the Houston ber of 2006. I am pleased that the Presi- criminal and civil cases covering a Bar Association with numerous fund- dent nominated Judge Aycock and that broad range of subject matter and com- raising activities aimed at providing the Senate Judiciary Committee has plexity. She has presided over count- scholarships for diversity and equal ac- recommended the approval of her nom- less criminal cases, including capital cess to justice. Judge Elrod dedicated ination. murder, murder, manslaughter, and nu- her time to hosting and mentoring I urge Senators to vote to confirm merous drug offenses. Civil cases have legal interns from less-privileged back- this well-deserved nomination. included medical malpractice, con- grounds, opening her courtroom to Mr. LOTT. Mr. President, it is my tracts, fraud and misrepresentation, them and teaching these young men pleasure to have this opportunity to personal injury, and other suits for and women valuable oral advocacy speak on behalf of Judge Sharion monetary damages. skills. She has been an active partici- Aycock in advance of her confirmation I believe that Judge Aycock will pant in the Texas Access to Justice vote. Judge Aycock is the first female serve as a credit to both the Federal Commission, helping young lawyers to jurist from Mississippi to be nominated bench and to the State of Mississippi. I provide legal services to indigent cli- to a position on the Federal bench, and look forward to her confirmation. ents. I am delighted that the President has The PRESIDING OFFICER. The Sen- Mr. President, I know of few lawyers, chosen her to serve on the United ator from Texas is recognized. much less judicial nominees, with such States District Court for North Mis- NOMINATION OF JUDGE JENNIFER WALKER an outstanding record of consistent sissippi. ELROD commitment to pro bono services and Judge Aycock was born and raised in Mr. CORNYN. Mr. President, I am re- public service. Tremont, MS. After graduating with minded of a quote from Daniel Webster While my colleagues undoubtedly honors from Tremont High School, she when he said that ‘‘justice is the great- will acknowledge the importance of went on to attend Mississippi State est aspiration of man on earth.’’ I Judge Elrod’s career achievements and University where she graduated with a think the reason we take these judicial dedication to her community, we also degree in political science. Judge nominations so seriously is because the recognize that the most important at- Aycock then earned her law degree judiciary—the people who wear the tributes of a judicial nominee are their from the Mississippi College School of black robe—is the personification of temperament and commitment to the Law, where she served as Co-Editor-in- that aspiration for justice. rule of law. Above all else, a judge Chief of the Mississippi College Law Today, it gives me great pleasure to must faithfully interpret and apply the Review and finished 2nd in her class. speak in support of the nomination of law as written and not as they wish we Following law school, Judge Aycock Judge Jennifer Elrod of Houston to the in Congress should have written it. I was employed by the A.T. Cleveland U.S. Court of Appeals for the Fifth Cir- am confident Judge Elrod has dem- Law Office in Fulton, MS, and later cuit. In a few moments, the Senate will onstrated her ability to fairly and im- opened her own practice. While in pri- vote on her nomination. partially resolve cases before her. vate practice, she represented the As Judge Elrod’s career makes clear, Her demonstrated fairness and re- Itawamba County Board of Super- she is well qualified for a seat on the spect for all is a key reason why her visors, Itawamba County Board of Edu- Federal appellate bench. She has dem- nomination is supported across the cation, Town of Tremont, City of Ful- onstrated the legal acumen, the judi- Houston legal community. She has the ton, and the Northeast Mississippi Nat- cial temperament, and dedication to personal endorsement of the past and ural Gas District. She also served as public service which the Senate wisely current presidents of the Houston Bar the Itawamba County Prosecuting At- requires of all judicial nominees. Association, the Hispanic Bar Associa- torney from 1984 to 1992. Since 2002, Judge Elrod has been a tion of Houston, and the Mexican Judge Aycock has been extremely ac- State district court judge, serving on American Bar Association of Houston, tive in her local community serving as the 190th District Court in Harris which are just a sampling of the broad Past President of the Itawamba County County, TX. As a trial judge, she has base of her support. By all accounts, Development Council, a Member of the presided over more than 200 jury and Judge Elrod has exercised her judicial

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.119 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12758 CONGRESSIONAL RECORD — SENATE October 4, 2007 duties with nothing but neutrality and I think we need to exercise a higher eral court issues and in the complex a commitment to fundamental fairness standard when we look at the con- questions, often of first impression, of for every litigant before her. firmation of our appellate court judges. Federal law, statutory law, and con- In sum, Judge Elrod is an accom- In many cases, they will be the final stitutional interpretation that are rou- plished lawyer and judge of high char- arbitrators of disputes among the peo- tinely raised. acter and uncommon integrity. I am ple of our States. Judge Elrod, by her own admission, honored to enthusiastically rec- In meeting with Judge Elrod, has very little experience in appellate ommend to the Senate that it vote to chairing her nomination hearings, and litigation, with exception of the Cobb confirm her to the U.S. Court of Ap- reviewing her written responses to ad- case noted above. Her current job as a peals for the Fifth Circuit. I am con- ditional questions I posed to her, I am State district court judge involves ex- fident she will serve this Nation with not convinced Judge Elrod has the ex- clusively trial level proceedings. honor and distinction. perience for this position. A nominee for the circuit court—this Let me say in closing how much I ap- I start with the undisputed fact is our appellate court, our second high- preciate the chairman of the Judiciary about Judge Elrod’s record. By her own est court—who handles these types of Committee, Senator LEAHY, for giving admission, Judge Elrod has never writ- cases should have significant experi- Judge Elrod a timely hearing and for ten a single judicial opinion. In re- ence in appellate work. putting it on the markup on the Judi- sponse to the Judiciary Committee’s Judge Elrod, by her own admission, ciary Committee schedule. I appreciate questionnaire asking for her opinions does not ‘‘write opinions.’’ She ‘‘signs the majority leader, Senator REID, for as a judge, she stated: ‘‘I do not write orders.’’ Given that circuit court allowing this nomination to come for- opinions, I sign orders.’’ She provided judges are often the final say on law of ward to the floor so we can give this over 6,000 orders to the committee, but the land in a given circuit—due to the good judge a vote very soon, I hope. most are one-page documents that do low rate of granting certiorari by the With that, I yield the floor. not contain any discussion of sub- Supreme Court—a circuit court judge The PRESIDING OFFICER. The Sen- stantive law. Indeed, Judge Elrod said has an unusual amount of authority ator from Maryland is recognized. that most questions in our committee and decisionmaking power. Mr. CARDIN. Mr. President, I serve questionnaire about her judicial opin- We do not have any track record by on the Judiciary Committee, and ions were not applicable to her because which to weigh Judge Elrod’s views on Chairman LEAHY asked that I chair the certiorari was not granted in any of substantive legal issues, such as civil nomination hearings, the confirmation her cases; appellate opinions or orders rights, civil liberties, workers’ rights, hearings on the three judges whom we rarely reviewed her orders and deci- reproductive freedom, environmental are considering today. sions; she had no list of unpublished protection, consumers’ rights, or em- I agree completely with our col- opinions; and she never sat on a judi- ployees’ rights. leagues from the State of Washington cial panel with other colleagues decid- The speeches Judge Elrod provided and the State of Mississippi. I think ing cases. In short, we have no record for the record did not shed any more Richard Jones is well qualified and of her ability to write opinions or the light on her opinions on substantive should be confirmed for the U.S. Dis- rationale for her decisions. legal issues. She stated she did not trict Court in the Western District of A nominee for circuit court judge have notes for many of her speeches. Washington. should have experience in writing sub- She also has not written any sub- I think Sharion Aycock is well quali- stantive judicial opinions. Judge Elrod stantive legal or journal articles on fied, and I strongly support her con- does not have this requisite experience. complex legal or policy issues. Judge Judge Elrod, by her own admission, firmation to the District Court in Mis- Elrod does not meet my test for Fed- has very little experience in criminal sissippi. eral judicial nominees since she does cases. When she litigated at Baker In regard to Jennifer Walker Elrod, Botts for 5 years, she responded that not have the requisite experience for for the U.S. Circuit Court for the Fifth her practice involved ‘‘100 percent civil an appellate judge. Circuit, I opposed her nomination in I want to talk about a separate issue. proceedings’’ and ‘‘0 percent criminal the Judiciary Committee, and I take I talked about experience, which I proceedings.’’ Her current job as a this time to explain to my colleagues judge on the 190th District Court of think is important for a nominee who why I believe she should not be con- Houston, TX, involves almost exclu- wants to serve on our appellate courts. firmed. sively civil cases. I also think the issue of diversity is an Let me begin by saying that I agree A nominee for circuit court judge important issue that needs to be talked with my friend from Texas about Judge should have broad experience in both about in this Chamber. Elrod’s commitment to pro bono legal criminal and civil cases. Her work in a I wish to talk about the issue of di- services. She served as chair of the handful of pro bono cases does not give versity in the Fifth Circuit Court of board of the Gulf Coast Legal Founda- me confidence that she has sufficient Appeals. The U.S. Court of Appeals for tion, now known as Loan Star Legal understanding of the criminal justice the Fifth Circuit, which includes Mis- Aid, the largest provider of pro bono system and the rights of defendants. In sissippi, Louisiana, and Texas, presides services in southeast Texas. That is fact, her major initiative in criminal over the largest percentage of minority important to me because I think all issues involved the amicus brief in the residents, 44 percent, which includes lawyers have a responsibility to help case of Texas v. Cobb before the Su- African Americans and Latino citizens, out to make sure our system is avail- preme Court, in which she argued that of any regional circuit courts of appeal able to all. the sixth amendment only applies to in this country outside of Washington, After serving 8 years in private prac- ‘‘charged offenses’’ and therefore a po- DC. tice as an associate of Baker Botts in lice interrogation without counsel Mississippi has the highest African- Houston, TX, she was appointed to the about a subsequent offense was admis- American population, 36 percent, of bench by the Governor in 2002 as a sible. She did not further explain her any State in the country. Louisiana judge, the 190th District Court in Hous- views about this case in her written re- has the second largest African-Amer- ton, TX. She was reelected to the sponses to our committee. ican population, at 32 percent, of any bench in 2006. Judge Elrod, by her own admission, State in this country. It is dis- However, no one is entitled to a cir- has very little experience in Federal appointing that none of President cuit court judgeship. In the vast major- court. In response to the committee Bush’s 10 nominations to the Federal ity of cases, these courts are the final questionnaire, she stated that her pri- bench in this circuit were African law of the land for the States in their vate practice involved ‘‘80 percent American. Of the 19 Federal judges who circuit when it comes to interpreting state court’’ cases and ‘‘20 percent fed- now sit on the Fifth Circuit Court of complex Federal statutes and our Con- eral’’ cases. Her current job as a State Appeals, only one is African American. stitution. These judges have lifetime district court judge involves almost ex- We all agree that diversity at all lev- appointments and are second only to clusively State issues. els of our judicial system is important. the Supreme Court Justices in terms of A nominee for circuit court judge Most recently, we have seen mass pro- their power and authority. should have broad experience on Fed- tests over double standards in our

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.120 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12759 criminal justice system used to treat I also think of the members of the It is true, when I became attorney African American and White youths in Judiciary Committee in the Senate general of my State, I created an Office Jena, LA. Surely, in 2007 we can do bet- who have been elected to important po- of Solicitor General, recognizing the ter. sitions of responsibility. My recollec- increasingly specialized nature of ap- I take this time to point out that tion is—and I have to rely on the dis- pellate practice. when the President submits a nominee tinguished Senator from Maryland to Again, I believe Judge Elrod, by vir- for the appellate court, our second remind me—but I think he was one of tue of her extensive trial experience, highest court, I expect that nominee the youngest, if I am not mistaken, the fact she graduated at the top of her will have the type of experience that is speakers of the Maryland House ever class from law school and under- appropriate for a judge to be on the ap- elected. He was elected at a young age, graduate school, served with one of the pellate court. I certainly am dis- and that is to his great credit. premier law firms in the Nation and appointed by the President’s nomina- The fact is, age alone should not de- with distinction as a trial judge, more tions on this circuit as it relates to di- termine competence for these jobs. I than adequately qualifies her for this versity. I wanted to make sure that think the demonstrated public service new responsibility. was included in the RECORD. and record of excellence is sufficient. Mrs. HUTCHISON. Mr. President, I Mr. President, I reserve the remain- I appreciate the Senator from Mary- rise today in strong support of the der of my time. land acknowledging her tremendous nomination of Judge Jennifer Elrod to Mr. SPECTER. Mr. President, I yield record of pro bono service. That is a serve on the Fifth Circuit Court of Ap- 5 minutes to the Senator from Texas. record of service above and beyond the peals. The PRESIDING OFFICER (Mr. NEL- call of duty which I think dem- Back in July, I was proud to intro- SON of Florida). The Senator from onstrates Judge Elrod’s commitment. duce Judge Elrod, a fellow Texan, at Texas is recognized for 5 minutes. Finally, on the issue of diversity, I her Senate Judiciary Committee hear- Mr. CORNYN. Mr. President, I thank note that Judge Higginbotham, who ing. the distinguished ranking member. Judge Elrod is a highly accomplished I certainly respect the right of the currently occupies the seat to which Senator from Maryland to express his Judge Elrod has been nominated and judicial nominee, with a distinguished views. I do want to put this in some will serve, is somebody who looks like record as a state court judge and as a context. me. He is a White male. I think we practicing attorney. I am confident she I don’t know if it is a unique experi- ought to celebrate the fact that a will capably serve as a federal appelate ence currently in the Senate, but per- woman of Judge Elrod’s capability and judge for the Fifth Circuit. haps it is currently that I am the only experience has been deemed qualified Judge Elrod has shown her judicial Member of the Senate who actually by the President of the United States capability in the 190th District Court served for 13 years as a State judge, and by the Senate Judiciary Com- in Houston, TX, where she currently both on our State trial bench and the mittee to serve in this important posi- presides. At present, she manaages a supreme court. That does not give me tion. I think that counts for some di- docket of over 1,000 cases, and leads all any particular qualifications other versity. Harris County civil district judges in than to say what it means to have I do share the concerns of the Sen- the number of jury cases tried to ver- served in those capacities, as Judge ator from Maryland that too few Afri- dict since 2005. Elrod has for 5 years. She worked also can Americans are attending law Prior to serving on the bench, Judge as a clerk for a U.S. district judge, school. It reduces the pool of potential Elrod practiced at Baker Botts LLP, a Judge Sim Lake, for 2 years. applicants for people to serve in posi- top national firm, where she worked I hope we are not saying that it is a tions on the judiciary, and we need to for 8 years on litigation matters in- prerequisite for confirmation to the job do more to try to encourage and facili- cluding antitrust, employment law, of an appellate judge that one actually tate that situation. But I certainly commercial litigation, toxic tort, gen- has to have served as an appellate would not hold it against Judge Elrod eral civil litigation, and personal in- judge. Of course, rarely do any of us that she is not an African American. I jury defense. She also served as a law have experience in the jobs to which we think she is qualified on the merits. clerk to the Honorable Sim Lake in the are assigned or to which we are elected I appreciate the Senator from Penn- Southern District of Texas. or to which we are hired until we have sylvania, the distinguished ranking Judge Elrod’s outstanding intellect is actually had a chance to perform that member, giving me a few minutes to evidenced by her exceptional academic job. What we look at is not whether explain, perhaps, another side of the credentials, graduating cum laude from they have actually done that job be- story. Harvard Law School, and magna cum fore, but whether they have done a Mr. WHITEHOUSE. Mr. President, laude with distinction from Baylor good job of everything they have taken will the Senator yield for a question? University in Texas. on previously. Mr. CORNYN. I will. Judge Elrod has long been dedicated By that standard, Judge Elrod not Mr. WHITEHOUSE. Mr. President, I to pro bono service and charitable only has an impressive resume for a know the distinguished Senator from causes, and she is the former chair of lawyer of her age, but she has dem- Texas was also an attorney general of the Gulf Coast Legal Foundation, the onstrated her competence, indeed, her his State. I wonder if in that capacity largst provider of pro bono legal assist- excellence as a State district court the staff who served the appellate func- ance to indigent people in the Texas judge. tion in the attorney general’s office, a gulf coast region. She was recently I have some sensitivity to the sugges- solicitor general, are separate and he commended by the Texas Access to tion that she does not have lengthy recognizes appellate practice, in many Justice Commission for her service in enough experience, alluding to her rel- ways, is a specialized skill in that con- facilitating the advocacy skills of law- ative youth. I remember when I became text, and I wonder what appellate argu- yers who represent poor and low in- a State district judge, I was 32 years ment experience the candidate for the come Texans. old. But, more importantly, of the 19 Fifth Circuit Court of Appeals has? Judge Elrod has also been an active judges currently serving on the Fifth Mr. CORNYN. Mr. President, the dis- member in both the Texas State Bar Circuit Court of Appeals, 10 were in tinguished questioner, the Senator and the Houston Bar Association, with their forties or younger when ap- from Rhode Island, is himself a distin- particular service in the areas of Con- pointed; three were 41—Judge Elrod’s guished lawyer and a former attorney tinuing Legal Education and the Ad- age—or younger. Judge , general with whom I served as a State ministration of Justice. the chief judge of the Fifth Circuit, was attorney general. He knows as well as She is two-time recipient of the 36 when confirmed by the Senate. I do that a trial judge and a trial law- President’s Award fo Outstanding Serv- Judge Higginbotham, to whose va- yer have to craft written and legal ar- ice to the Houston Bar Association, cancy Judge Elrod is nominated, was guments the same way as an appellate and she was awarded the outstanding 44, and Judge Sim Lake, with whom lawyer does. Those are the same basic Young Lawyer of Houston in 2004 by Judge Elrod clerked, was 44 when he skills that Judge Elrod brings to her the Houston Young Lawyers Associa- was appointed. job. tion.

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.121 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12760 CONGRESSIONAL RECORD — SENATE October 4, 2007 I am honored to support the con- After law school, Judge Elrod served ment. There he served as one of two in- firmation of Judge Jennifer Elrod be- as a law clerk to Judge Sim Lake of house counsel providing legal advice cause she meets the high standards to the United States District Court for and management services to all legal which we hold all judicial nominees. the Southern District of Texas. departments, with primary responsi- She has an impressive record of pub- Following her clerkship, Judge Elrod bility for the human resources, police, lic service, work ethic, integrity, and practiced law in the litigation depart- and fire departments. she will bring great honor to the Fed- ment of Baker Botts in Houston, TX. In 1983, Judge Jones joined Bogle and eral bench. In 2002, Governor ap- Gates, one of the oldest and largest I encourage my colleagues to approve pointed Judge Elrod to the 190th Dis- firms in Seattle, as an associate. There her nomination. trict Court in Harris County, TX, a he managed cases in the firm’s litiga- We must also fill the other two va- State trial court. She was subsequently tion and labor departments, primarily cancies on the Fifth Circuit. elected to the position in the 2002 gen- in the area of corporate commercial The President has nominated two eral election and was reelected unop- litigation. highly accomplished individuals, posed in 2006. From 1988 to 1994, Judge Jones served , and Leslie South- During her time on the bench, Judge as an assistant U.S. attorney for the wick, to fill those vacancies—and they Elrod presided over more than 200 jury Western District of Washington. His deserve a fair and speedy confirmation and nonjury trials. work there entailed investigating and process. Judge Elrod has been dedicated to prosecuting major crimes such as bank The PRESIDING OFFICER. Who pro bono service and charitable causes robberies and fraud, as well as several yields time? her entire career. While working at years of work with the Drug Prosecu- Mr. SPECTER. Mr. President, how Baker Botts, the firm gave her the tion Division of the U.S. attorney’s of- much time remains? Thomas Gibbs Gee Award for out- The PRESIDING OFFICER. The Sen- fice. standing pro bono work. She also re- In 1994, he was appointed King Coun- ator has 22 minutes 40 seconds. Mr. SPECTER. Mr. President, I sup- ceived the President’s Award from the ty Superior Court Judge to fill the port the nomination of Jennifer Walker Houston Bar Association for Out- term of a deceased judge. He was elect- Elrod for the Fifth Circuit Court of Ap- standing Service to the Bar. ed to that position in 1996 and re-elect- While in private practice, Judge peals. She has an excellent academic ed in 2000 and 2004. His caseload has in- Elrod served as a board member and record: magna cum laude from Baylor, volved an extensive variety of civil, the chair of the board of the Gulf Coast where she was Phi Beta Kappa and cum criminal, and juvenile matters. He also Legal Foundation, now Lone Star laude from Harvard Law School. She briefly served as Acting U.S. Mag- Legal Aid, which is one of the largest has served as an adjunct faculty mem- istrate for the court to which he is providers of legal aid services to the ber at the University of Houston Law nominated in 1995 and 1997. poor in Texas. In 2004, Judge Jones was the recipi- Center. She has been in the practice of The vacancy to which she is nomi- ent of both the King County Bar Asso- law for some 15 years, spending 8 years nated is considered a ‘‘judicial emer- ciation’s Judge of the Year Award and at the law firm Baker Botts. She has gency’’ by the nonpartisan Administra- the Washington State Bar Associa- done extensive pro bono work including tive Office of the Courts. tion’s Outstanding Judge of the Year as general counsel for the Communities The American Bar Association unani- Award. in Schools in Houston. She has exten- mously rated Judge Elrod ‘‘qualified.’’ Throughout his legal career, Judge sive participation in the bar associa- Jones has shown a strong commitment tion. She’s a member of the Mexican- NOMINATION OF RICHARD A. JONES to the community. He served not only American Bar Association of Houston Richard Jones comes to the Senate as president of the Loren Miller Bar and the Houston Bar Association. I be- with an extraordinary record. He has Association, but also as president of lieve her record qualifies her for the been in the active practice of law since the YMCA of Greater Seattle. circuit court, notwithstanding the con- graduating from the University of Washington Law School in 1975; has The American Bar Association has siderations of age and experience. unanimously rated Judge Jones ‘‘Well Mr. CARDIN. Mr. President, will my been a prosecuting attorney for King Qualified.’’ colleague yield for one clarification on County, WA; staff attorney for the Port that point? of Seattle legal department. He has ex- NOMINATION OF SHARION AYCOCK Mr. SPECTER. I do. tensive community service activities I further recommend Sharion Aycock Mr. CARDIN. I want to make it clear with the board of directors of the for the United States District Court for for the record that I have never at all YMCA in greater Seattle, and was the Northern District of Mississippi. challenged this nominee for the appel- president of that organization; and has Again, a fine academic record, with 27 late court on age. I have never raised been recommended by the American years of law practice, with her bach- the issue of age, and I would never Bar Association as unanimously ‘‘well elor’s degree from Mississippi State raise the issue of age. qualified.’’ University and a member of two honor Mr. SPECTER. I thank the Senator President Bush nominated Judge societies, and Co-Editor in Chief of the from Maryland for that statement. Richard A. Jones to be a U.S. District Mississippi College Law Review. She Judge Jennifer Walker Elrod was Court Judge for the Western District of has been a judge on the First Circuit nominated to a seat on the Fifth Cir- Washington on March 19, 2007. A hear- Court for the District of Mississippi for cuit Court of Appeals on March 29, 2007, ing was held on his nomination on July the last 4 years, was the board attorney and a hearing was held on her nomina- 19, and the Judiciary Committee re- for the town of Tremont, and pros- tion on July 19, 2007. Her nomination ported his nomination favorably on ecuting attorney for Itawamba County. was reported favorably to the full Sen- September 6. Judge Aycock brings substantial quali- ate on September 20, 2007. He is an experienced litigator and ju- fications and the American Bar Asso- Judge Elrod received her B.A., magna rist with an extensive record of public ciation rated her unanimously ‘‘well cum laude, in economics from Baylor service. qualified.’’ University in 1988, where she was Phi Judge Jones graduated from Seattle Judge Sharion Aycock was nomi- Beta Kappa and was named the ‘‘Out- University in 1972. He graduated from nated to be a U.S. District Court Judge standing Graduating Senior in the the University of Washington School of for the Northern District of Mississippi Honors Program.’’ Law in 1975. on March 19, 2007. A hearing was held In 1992, she received her J.D., cum After law school, he worked as a dep- on her nomination on July 19, 2007. Her laude, from Harvard Law School. At uty prosecuting attorney for the King nomination was reported favorably by Harvard, she was a senior editor and County Prosecuting Attorney’s office. the Judiciary Committee on September the assistant business manager for the There he prosecuted a wide variety of 6, 2007. If confirmed, she will be the Harvard Journal of Law and Public cases in matters ranging from DWI to first woman to be appointed to the Policy, and she was a finalist in the murder prosecutions. Federal district court in Mississippi. James Barr Ames Moot Court Competi- In 1978, he became a staff attorney Judge Aycock received her B.A. from tion. with the Port of Seattle Legal Depart- Mississippi State University in 1977

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.062 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12761 where she was a member of the Omi- In 1979, she received her B.A. degree ate her ability to express herself cron Delta Kappa and Phi Kappa Phi from Brandeis University, graduating through opinions. We don’t have that. Honor Societies. She received her J.D. magna cum laude. In 1982, she grad- You would expect, for an appellate from Mississippi College School of Law uated cum laude from Georgetown Uni- court judge, we would have her speech- in 1980 and served as Co-Editor in Chief versity Law Center. es or articles that would explain some of the Mississippi College Law Review. After law school, Ms. Mauskopf of her philosophy on life. We don’t have Upon graduation from law school, served as an Assistant District Attor- that. You would expect, for an appel- Judge Aycock joined the A.T. Cleve- ney for New York County until 1995. late court judge, you would have some land Law Office as an associate, where Between 1995 and 2002, she served as other way of being able to evaluate her she worked from 1980 until 1983. New York State’s Inspector General, approach to interpreting the Constitu- In 1984, Judge Aycock opened her leading the State office responsible for tion of the United States. She will be own practice in Fulton County and rep- investigating corruption, fraud, crimi- confirmed to sit on the court that will resented a wide range of clients, in- nal activity, conflicts of interest, and do more interpretation of our Constitu- cluding some of the largest and most other misconduct in State executive tion than any other court; that is, the successful businesses in the county. branch agencies. appellate court because so few cases Between 1987 and 1989, she formed a Between 1999 and 2002, she also get to the Supreme Court of the United small partnership with three other at- chaired the Governor’s Moreland Act States. And she doesn’t have that ei- torneys and practiced under the firm Commission on New York City Schools, ther. name of Soper, Russell, Richardson and which examined the operations and fis- So it was that point that I thought Dent, P.A.; however, they did not share cal affairs of the New York City Board the Members of this body should be office space, and she remained in her of Education and the New York City aware of, not that she didn’t follow a original office. In 1990, they dissolved School Construction Authority. particular course to become an appel- the partnership, and Judge Aycock re- Since 2002, Ms. Mauskopf has served late court judge or her age. It has to do sumed her former sole practice. as United States Attorney for the East- with having something to evaluate for While working as a sole practitioner, ern District of New York. a person who is going to be on the ap- Judge Aycock represented a variety of The daughter of Holocaust survivors, pellate court with a lifetime position. government entities on a part-time she has dedicated herself to promoting And that is how I drew my conclusion. basis. Holocaust remembrance. Her mother, I appreciate the courtesy to be able She served as the board attorney for at age 90, attended her daughter’s nom- to share that with our colleagues. her hometown, Tremont, MS, from 1980 ination hearing before the Judiciary Mr. President, I reserve the remain- until 2002 and for the city of Fulton Committee. der of my time. from 1998 to 2002. She was elected to The American Bar Association has The PRESIDING OFFICER. Who serve as the prosecuting attorney for unanimously rated Ms. Mauskopf yields time? Itawamba County in 1984 and served ‘‘Qualified.’’ Mr. SPECTER. Mr. President, I don’t until 1992. How much time remains, Mr. Presi- know that anybody else is seeking rec- Judge Aycock also served as the at- dent? ognition. Senator LEAHY has already torney for the Board of Supervisors for The PRESIDING OFFICER. The Sen- said he was not going to ask for the Itawamba County from 1993 to 2002, the ator has 11 minutes 10 seconds. yeas and nays, and I do not intend to. board attorney for the Itawamba Coun- Mr. SPECTER. I yield the floor, and Senator CARDIN says he is not going to. ty School District from 1984 to 1999, I reserve the remainder of my time. So I yield back my time. and the attorney for the Board of Com- The PRESIDING OFFICER. The Sen- missioners for the Mantachie Natural ator from Maryland. Mr. CARDIN. I yield back my time. Gas District from 1986 to 2002. Mr. CARDIN. Mr. President, I wanted The PRESIDING OFFICER. All time In 2002, Judge Aycock was elected as to come back to Judge Elrod and com- is yielded back. The question is, Will Circuit Court Judge for the First Cir- ment on some of the points Senator the Senate advise and consent to the cuit Court District of Mississippi. She CORNYN raised in his statements on the nomination of Jennifer Walker Elrod, ran unopposed and was reelected in floor. of Texas, to be United States Circuit 2006. Her term is set to expire in 2010. As I explained to Senator SPECTER, Judge for the Western District of The American Bar Association at no time do I raise at all the issue of Washington? Standing Committee has rated Judge age. I don’t even know Judge Elrod’s The nomination was confirmed. Aycock unanimously ‘‘well qualified.’’ age, nor should that ever be a factor in NOMINATION OF ROSLYNN RENEE MAUSKOPF our consideration on a confirmation, f The fourth judge up for consideration and it was not in my judgment; nor do also brings excellent credentials, I think there is a mathematical for- NOMINATION OF ROSLYNN RENEE Roslynn Renee Mauskopf: Magna cum mula as to what is an appropriate MAUSKOPF TO BE UNITED laude from Brandeis in 1979, and cum amount of experience to be qualified to STATES DISTRICT JUDGE FOR laude from the Georgetown University be an appellate court judge; nor do I THE EASTERN DISTRICT OF NEW Law Center. She has experience as an think there is a specific path that one YORK assistant district attorney in New must follow in order to become an ap- York County. She was New York State pellate court judge. The PRESIDING OFFICER. Under Inspector General for 7 years and chair But with Judge Elrod, just look at the previous order, the clerk will re- of the Governor’s Moreland Act Com- her background and record. You would port the next nomination. mission on the New York City schools think, for an appellate court judge, you The legislative clerk read the nomi- for 3 years. would want a nominee to have appel- nation of Roslynn Renee Mauskopf, of Roslynn R. Mauskopf was nominated late court experience. She does not New York, to be United States District in the last Congress, but her nomina- have it. You would think, for a Federal Judge for the Eastern District of New tion was not acted upon prior to its ad- appellate court judge, you would want York. journment. She was renominated on someone who has experience in our The PRESIDING OFFICER. Is there January 9, 2007. A hearing was held on Federal courts. She doesn’t have that. further debate on the nomination? her nomination on April 11, 2007, and You would think, for a Federal appel- If there is no further debate, the the Judiciary Committee reported her late court judge, you would want some- question is, Will the Senate advise and nomination favorably on July 19. one who has experience in criminal consent to the nomination of Roslynn Ms. Mauskopf is a highly qualified law. She doesn’t have that. You would Renee Mauskopf, of New York, to be nominee with excellent credentials and expect, for someone who is going to be United States District Judge for the a distinguished record of public serv- a nominee confirmed for the appellate Eastern District of New York? ice. court, that we would be able to evalu- The nomination was confirmed.

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.063 S04OCPT1 bajohnson on PROD1PC69 with SENATE