October 4, 1999 CONGRESSIONAL RECORD — 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- 1996—almost 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 days— 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 — 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. naling a trend, the last two weeks will court. This sentiment is strongly We will keep pressing for these nomi- instead look more like an aberration shared by many in Utah, including the nees until they get the vote they de- that was quickly corrected. I look for- recent president of the Utah State Bar. serve. ward to moving ahead to perform our For these reasons, Mr. Stewart was ap- ∑ Mr. HATCH. Mr. President, it is a constitutional obligation of providing proved for confirmation to the bench great pleasure for me to support—on advice and consent to the President’s by an overwhelming majority vote of the Senate floor—the confirmation of a judicial nominees. the Judiciary Committee. judicial candidate who is the epitome And now, I would like to turn our at- To those who would contend Mr. of good character, broad experience, tention to the merits of Ted Stewart’s Stewart has taken so-called anti-envi- and a judicious temperament. nomination. I have known Ted Stewart ronmental positions, I say: look more First, however, I think it appropriate for many years. I have long respected carefully at his record. Mr. Stewart that I spend a moment to acknowledge his integrity, his commitment to pub- was the director of Utah’s Department the minority for relenting in what I lic service, and his judgment. And I am of Natural Resources for 5 years, and consider to have been an ill-conceived pleased that President Clinton saw fit the fact is that his whole record has gambit to politicize the judicial con- to nominate this fine man for a seat on earned the respect and support of many firmations process. My colleagues ap- the United States District Court for local environmental groups. pear to have made history on Sep- the District of Utah. Indeed, for his actions in protecting tember 21 by preventing the invocation Mr. Stewart received his law degree reserve water rights in Zion National of cloture for the first time ever on a from the University of Utah School of Park, Mr. Stewart was enthusiastically district judge’s nomination. Law and his undergraduate degree from praised by this administration’s Sec- This was—and still is—gravely dis- Utah State University. He worked as a retary of the Interior. appointing to me. In a body whose best practicing lawyer in Salt Lake City for And consider the encomiums from moments have been those in which six years. And he served as trial coun- the following persons hailing from statesmanship triumphs over partisan- sel with the Judge Advocate General in Utah’s environmental community: ship, this unfortunate statistic does the Utah National Guard. R.G. Valentine, of the Utah Wetlands not make for a proud legacy. In 1981, Mr. Stewart came to Wash- Foundation, wrote, ‘‘Mr. Stewart’s My colleagues—who were motivated ington to work with Congressman JIM judgment and judicial evaluation of by the legitimate goal of gaining votes HANSEN. His practical legal experience any project or issue has been one of un- on two particular nominees—pursued a served him well on Capitol Hill, where biased and balanced results.’’ short term offensive which failed to ac- he was intimately involved in the And Don Peay, of the conservation complish their objective and risked drafting of legislation. group Sportsmen for Fish and Wildlife, long-term peril for the nation’s judici- Mr. Stewart’s outstanding record in wrote, ‘‘I have nothing but respect for ary. There now exists on the books a private practice and in the legislative a man who is honest, fair, considerate, fresh precedent to filibuster judicial branch earned him an appointment to and extremely capable.’’ nominees whose nominations either po- the Utah Public Service Commission in Indeed, far from criticism, Mr. Stew- litical party disagrees with. 1985. For 7 years, he served in a quasi- art deserves praise for his major ac- I have always, and consistently, judicial capacity on the commission, complishments in protecting the envi- taken the position that the Senate conducting hearings, receiving evi- ronment. must address the qualifications of a ju- dence, and rendering decisions with Ultimately, the legion of letters and dicial nominee by a majority vote, and findings of fact and conclusions of law. testaments in support of Mr. Stewart’s that the 41 votes necessary to defeat Mr. Stewart then brought his experi- nomination reflects the balanced and cloture are no substitute for the demo- ence as a practicing lawyer, as a legis- fair judgment that he has exhibited cratic and constitutional principles lative aide, and as a quasi-judicial offi- over his long and distinguished career. that underlie this body’s majoritarian cer, to the executive branch in state Those who know Ted Stewart know he premise for confirmation to our federal government. Beginning in 1992, he will continue to serve the public well. judiciary. served as Executive Director of the On a final note, Ted Stewart is need- But now the Senate is moving for- Utah Departments of Commerce and ed in Utah. The seat he will be taking ward with the nomination of Ted Stew- Natural Resources. And since 1998, Mr. has been vacant since 1997. So, I am art. I think some of my colleagues real- Stewart has served as the chief of staff deeply gratified that the Senate is now ized they had erred in drawing lines in of Governor Mike Leavitt. considering Mr. Stewart for confirma- the sand, and that their position Throughout Mr. Stewart’s career, in tion.∑ threatened to do lasting damage to the private practice, in the legislative f Senate’s confirmation process, the in- branch, in the executive branch and as tegrity of the institution, and the judi- a quasi-judicial officer, he has earned LEGISLATIVE SESSION cial branch. the respect of those who have worked Mr. BENNETT. Mr. President, I ask The record of the Judiciary Com- for him, those who have worked with unanimous consent that the Senate re- mittee in processing nominees is a him, and those who were affected by sume legislative session. good one. I believe the Senate realized his decisions. And a large number of The PRESIDING OFFICER. Without that the Committee will continue to people from all walks of life and both objection, it is so ordered. hold hearings on those judicial nomi- sides of the political aisle have written The Senate resumed legislative ses- nees who are qualified, have appro- letters supporting Mr. Stewart’s nomi- sion. priate judicial temperament, and who nation. f respect the rule of law. I had assured James Jenkins, former president of my colleagues of this before we reached the Utah State Bar, wrote, ‘‘Ted’s rep- MORNING BUSINESS this temporary impasse and I reiterate utation for good character and indus- Mr. BENNETT. Mr. President, I ask this commitment today. try and his temperament of fairness, unanimous consent that there be a pe- This is not a time for partisan dec- objectivity, courtesy, and patience riod of morning business with Senators larations of victory, but I am pleased [are] without blemish.’’ to speak for up to 5 minutes each. that my colleagues revisited their deci- Utah State Senator, Mike Dmitrich, The PRESIDING OFFICER. Without sion to hold up the nomination. We are one of many Democrats supporting this objection, it is so ordered.

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