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Congressional Record—Senate S11875

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Congressional Record—Senate S11875 October 4, 1999 CONGRESSIONAL RECORD Ð SENATE S11875 willingness to work things out wher- skeleton crew of judges currently pre- Senator has a problem with particular ever possible as he has demonstrated siding on the Ninth Circuit. nominees, he or she should vote throughout his career up to this point. Currently, the Ninth Circuit has against them. But a nominee should He has already had experience on a seven vacancies, which is 25 percent of not be held up interminably by a hand- commission that required him to dem- the total judgeship positions on the ful of Senators. onstrate that kind of judicial tempera- circuit. Let me assure my colleagues, this ment. He handled his assignment there Each one of these judicial vacancies does not mark the end of a fight. At in such a way as to win him the en- qualifies as a judicial emergency. The some point, legislation is not going to dorsement of Democrats as well as Re- Chief Judge of the Ninth Circuit re- move until Marsha Berzon and Judge publicans. ports that the Circuit could handle 750 Richard Paez get an up-or-down vote. I know there is some controversy more cases right now if the vacancies Let me take a moment to discuss the surrounding him because he is the Gov- were filled. nominations process that these two ernor's chief of staff. There are many Prior to his appointment as Asso- nominees have experienced. people who, looking at the things he ciate Attorney General, Ray Fisher Judge Richard Paez, the first Mexi- has done in his loyalty to the Gov- was considered one of the top trial law- can-American District judge in Los An- ernor, have said: Well, his opinions are yers in Southern California. His legal geles, was nominated on January 25, not acceptable to us. skills are so highly regarded that he re- 1996Ðalmost four years ago. He still They have been critical of him. They cently was inducted into the American hasn't made it to the Senate Floor for do not know the man if they maintain College of Trial Lawyers, an honor be- a vote. Any problem with his nomina- that criticism because he will never de- stowed on only the top one percent of tion can't be with his legal back- part from his conviction that the law the profession. ground. comes first. He has demonstrated loy- During his 30 year career in private He has 17 years of judicial experience. alty to those who have appointed him. practice, Ray Fisher specialized in the The American Bar Association found But he has also demonstrated a capac- toughest of cases, complex civil litiga- him to be ``well-qualified.'' He is also ity to handle the law and handle the tion, and in alternate dispute resolu- strongly supported by the legal com- regulations that he is charged with en- tion. In 1988, he founded the Los Ange- munity in Los Angeles including Gil forcing in a way that will make all les Office of Heller Ehrman, White and Garcetti, the District Attorney, the Americans proud. McAullife, an office that has grown Los Angeles County Police Chiefs' As- I am happy to join my senior col- from 6 attorneys to 48. sociation and the Association for Los league in endorsing the nomination of The Standing Committee on Federal Angeles Deputy Sheriffs. Judge Paez Ted Stewart for the Federal bench. I Judiciary of the American Bar Associa- has described this interminable nomi- look forward with great enthusiasm to tion has deemed Mr. Fisher ``Well nations process as a ``cloud'' hanging voting for him tomorrow. Qualified'' for appointment as Judge of over his head. Litigants in his court I am grateful to the senior Senator constantly query him if the case is the United States Court of Appeals. from Vermont for his announcement going to be continued, if his case is that he, too, will vote for Ted Stewart. Ray Fisher graduated from Stanford Law School in 1966, where he was presi- going to be assigned to someone else, I hope, with both the chairman and the or if Judge Paez is going to keep it. No dent of The Stanford Law Review and ranking member of the Judiciary Com- nominee should have to face this un- awarded the Order of the Coif. Fol- mittee solidly in Judge Stewart's be- certainty. His family has been thrust lowing law school, he served as a law half, that we will have an overwhelm- into the public limelight, and for four clerk for Judge J. Skelley Wright of ingly positive vote for him. years every action he has taken has United States Court of Appeals for the f been subject to microscopic scrutiny. District of Columbia Circuit and Su- Marsha Berzon was nominated al- NOMINATIONS OF RAY FISHER, preme Court Justice William Brennan. most a year and a half ago. She had her MARSHA BERZON, AND RICHARD I am confident Ray Fisher's acute in- first hearing on July 30, 1998, and a sec- PAEZ terest in public service, specifically in ond hearing in June 1999. Only in July Mrs. FEINSTEIN. Mr. President, I public safety, and his overarching con- 1999 was she reported out of committee want to first thank our minority leader cern for fairness will serve the Ninth and her nomination is pending before for all of his effort in bringing public Circuit well. the Senate. Nationally renowned appel- attention to the plight of pending judi- However, I am disappointed that the late attorney with over 20 years of ap- cial nominees. Senate could not confirm other pend- pellate practice, she clerked for Su- Thanks to Senator DASCHLE's efforts, ing Ninth Circuit nominees. Ray Fisher preme Court Justice Brennan and U.S. we have made some progress. Jim is a start, but six vacancies remain on Court of Appeals Judge James Brown- Lorenz, a fine California attorney who the Ninth Circuit Court of Appeals. ing. She graduated Order of the Coif served seven years on my judicial se- Two of those vacancies should be from Boalt Hall, has the support of law lection committee, was confirmed on filled by Marsha Berzon and Judge enforcement including the National As- Friday along with Victor Marrero of Richard Paez. sociation of Police Organizations New York. It is a disturbing fact that women (NAPO) and the International Union of Jim Lorenz's confirmation will help and minority nominees are having a Police Organizations, has strong bipar- address a desperate shortage of judges difficult time getting confirmed by the tisan support including former Idaho in the Southern District of California. Senate. Senator James Mclure and former EPA I have spoken several times with A report by the independent, bipar- Administrator William D. Ruckels- Marilyn Huff, Chief Judge of the tisan group Citizens for Independent haus. Southern District of California, about Courts released last week found that The slow pace of this nomination has the District's caseload crisis. during the 105th Congress, the average caused an incredible burden on Marsha A recent judicial survey ranked the time between nomination and con- Berzon both personally and profes- Southern District as the most overbur- firmation for male nominees was 184 sionally. Due to uncertainty over her dened court in the country. The days, while for women it was 249 daysÐ future, she has significantly curtailed weighted average caseload in the a full 2 months longer. her private practice, and no longer is Southern District is 1,006 cases per This disturbing trend continues this representing clients before the Su- judge, more than twice the national av- year. Women and minorities constitute preme Court or the Ninth Circuit. erage. over 55 percent of the President's nomi- Chief Justice Rehnquist recently said It is also a significant step forward nees in 1999; by contrast, only 41 per- that ``[t]he Senate is surely under no for the Senate that we will have a vote cent of the nominees confirmed this obligation to confirm any particular tomorrow on Associate Attorney Gen- year by the Senate are women or mi- nominee, but after the necessary time eral, Ray Fisher, to be a Circuit Judge norities. for inquiry it should vote him up or on the Ninth Circuit Court of Appeal. All we have ever asked for Marsha vote him down.'' Ray Fisher is an extraordinary nomi- Berzon and Richard Paez is that both Richard Paez and Marsha Berzon do nee who will add some support to the nominees get an up-or-down vote. If a not deserve to have their distinguished VerDate 30-SEP-99 04:10 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.058 pfrm01 PsN: S04PT1 S11876 CONGRESSIONAL RECORD Ð SENATE October 4, 1999 careers and personal lives held in proceeding with a vote on the merits of nomination, wrote, ``[Mr. Stewart] has limbo. Our institutional integrity re- Ted Stewart's nomination, and we will always been fair and deliberate and quires an up-or-down vote. then proceed upon an arranged sched- shown the moderation and thoughtful- Until Marsha Berzon and Richard ule to vote on other nominees in pre- ness that the judiciary requires.'' Paez get votes, this nominations proc- cisely the way that was proposed prior And I understand that the American ess will remain tainted. to the filibuster vote. Bar Association has concluded that I assure my colleagues in the Senate Ultimately, it is my hope for us, as Ted Stewart meets the qualifications that the nominations of Marsha Berzon an institution, that instead of sig- for appointment to the federal district and Richard Paez will not fade away.
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