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And Mark R. Filip, of Illinois, to Be District Judge for the Northern Dis- Trict of Illinois

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And Mark R. Filip, of Illinois, to Be District Judge for the Northern Dis- Trict of Illinois S. HRG. 108–492 CONFIRMATION HEARING ON THE NOMINATION OF CLAUDE A. ALLEN, OF VIRGINIA, TO BE CIRCUIT JUDGE FOR THE FOURTH CIRCUIT; AND MARK R. FILIP, OF ILLINOIS, TO BE DISTRICT JUDGE FOR THE NORTHERN DIS- TRICT OF ILLINOIS HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION OCTOBER 28, 2003 Serial No. J–108–48 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 94–083 PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 09:16 Jun 28, 2004 Jkt 094083 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\94083.TXT SJUD4 PsN: CMORC COMMITTEE ON THE JUDICIARY ORRIN G. HATCH, Utah, Chairman CHARLES E. GRASSLEY, Iowa PATRICK J. LEAHY, Vermont ARLEN SPECTER, Pennsylvania EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin LARRY E. CRAIG, Idaho CHARLES E. SCHUMER, New York SAXBY CHAMBLISS, Georgia RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas JOHN EDWARDS, North Carolina BRUCE ARTIM, Chief Counsel and Staff Director BRUCE A. COHEN, Democratic Chief Counsel and Staff Director (II) VerDate 0ct 09 2002 09:16 Jun 28, 2004 Jkt 094083 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\94083.TXT SJUD4 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Cornyn, Hon. John, a U.S. Senator from the State of Texas ............................... 1 Craig, Hon. Larry E., a U.S. Senator from the State of Idaho ............................ 67 Durbin, Hon. Richard J., a U.S. Senator from the State of Illinois, prepared statement and attachment .................................................................................. 143 Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah ............................ 156 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont .................... 2 prepared statement .......................................................................................... 166 Sessions, Hon. Jeff, a U.S. Senator from the State of Alabama .......................... 62 PRESENTERS Allen, Hon. George, a U.S. Senator from the State of Virginia presenting Claude A. Allen, Nominee to be Circuit Judge for the Fourth Circuit ............ 12 Durbin, Hon. Richard J., a U.S. Senator from the State of Illinois presenting Mark R. Filip, Nominee to be District Judge for the Northern District of Illinois ............................................................................................................... 15 Fitzgerald, Hon. Peter, a U.S. Senator from the State of Illinois presenting Mark R. Filip, Nominee to be District Judge for the Northern District of Illinois ............................................................................................................... 14 Warner, Hon. John, a U.S. Senator from the State of Virginia presenting Claude A. Allen, Nominee to be Circuit Judge for the Fourth Circuit ............ 10 WITNESSES Mikulski, Hon. Barbara, a U.S. Senator from the State of Maryland ................ 8 Sarbanes, Hon. Paul S., a U.S. Senator from the State of Maryland ................. 5 STATEMENTS OF THE NOMINEES Allen, Claude A., Nominee to be Circuit Judge for the Fourth Circuit .............. 52 Questionnaire .................................................................................................... 70 Filip, Mark R., Nominee to be District Judge for the Northern District of Illinois ................................................................................................................... 17 Questionnaire .................................................................................................... 18 QUESTIONS AND ANSWERS Responses of Claude A. Allen to questions submitted by Senators Durbin, Kennedy, and Leahy ............................................................................................ 99 SUBMISSIONS FOR THE RECORD Allen, Hon. George, a U.S. Senator from the State of Virginia, prepared statement .............................................................................................................. 131 Baltimore Sun, October 28, 2003, article ............................................................... 136 Beales, Randolph A., Former Attorney General of Virginia, Christian Barton, LLP, Attorneys at Law, Richmond, Virginia, letter .......................................... 137 Black Women’s Bar Association of Suburban Maryland, Dolores Dorsainvil, Esq., President, Silver Spring, Maryland, letter ............................................... 139 Cullen, Richard, McGuire Woods LLP, Richmond, Virginia, letter ..................... 140 Doliver, Marenann, Gilbert, Arizona, letter .......................................................... 142 Finn, Michele P., Fisherville, Kentucky, letter and attachment ......................... 149 (III) VerDate 0ct 09 2002 09:16 Jun 28, 2004 Jkt 094083 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\94083.TXT SJUD4 PsN: CMORC IV Page Gillis, Paul C., former State President, Virginia State Conference NAACP, Hampton, VA, letter ............................................................................................. 155 Kemp, John D., Esq., Washington, D.C., letter ..................................................... 157 Lawyers and professors of law in States within the jurisdiction of the Fourth Circuit, joint letter ............................................................................................... 159 Leadership Conference on Civil Rights, Wade J. Henderson, Executive Direc- tor, and Nancy Zirkin Deputy Director, Washington, D.C., letter ................... 163 McCallie, Thomas H., III, Maclellan Foundation, Inc., Chattanooga, Ten- nessee, letter ......................................................................................................... 171 Mikulski, Hon. Barbara A., a U.S. Senator from the State of Maryland, letter and news release ........................................................................................ 172 Mikulski, Hon. Barbara A., and Hon. Paul S. Sarbanes, U.S. Senators from the State of Maryland, joint letter and attachments ........................................ 176 National Association for the Advancement of Colored People, Washington, D.C., resolution ..................................................................................................... 182 National Bar Association, Clyde E. Bailey, Sr., President, Rochester, New York, letter ............................................................................................................ 185 National Council of Jewish Women, Marsha Atkind, National President, Washington, D.C., letter ...................................................................................... 187 North Carolina National Association for the Advancement of Colored People, Melvin Skip Alston, President, Greensboro, North Carolina, letter ................ 189 Organizations concerned with public health and welfare, joint letter ................ 192 People for the American Way, Ralph G. Neas, President, Washington, D.C., letter ...................................................................................................................... 196 Tetreault, Mary Ann, Newport Vermont, letter .................................................... 199 Women’s, civil, and human rights groups, joint letter ......................................... 200 VerDate 0ct 09 2002 09:16 Jun 28, 2004 Jkt 094083 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\94083.TXT SJUD4 PsN: CMORC CONFIRMATION HEARING ON THE NOMINA- TION OF CLAUDE A. ALLEN, OF VIRGINIA, TO BE CIRCUIT JUDGE FOR THE FOURTH CIRCUIT; AND MARK R. FILIP, OF ILLINOIS, TO BE DISTRICT JUDGE FOR THE NORTH- ERN DISTRICT OF ILLINOIS TUESDAY, OCTOBER 28, 2003 UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The Committee met, pursuant to notice, at 9:43 a.m., in room SR–325, Russell Senate Office Building, Hon. Orrin G. Hatch, Chairman of the Committee, presiding. Present: Senators Hatch, Sessions, Craig, Cornyn, Leahy, Ken- nedy, Feingold, and Durbin. OPENING STATEMENT OF HON. JOHN CORNYN, A U.S. SENATOR FROM THE STATE OF TEXAS Senator CORNYN. This hearing of the Senate Judiciary Com- mittee will now come to order. Senator Hatch, the Chairman of the Committee, will be here shortly, but has asked me to convene the hearing until he is able to arrive here. And, of course, I will make a short statement and then turn the floor over to Senator Leahy, the ranking member, before we then go to our two distinguished colleagues from the State of Maryland. Today the Committee has the privilege of considering the nomi- nations of two outstanding lawyers for the Federal bench. Claude Allen is the nominee for the U.S. Circuit Judge for the Fourth Cir- cuit, and Mark R. Filip is nominee for the Northern District of Illi- nois. I commend President Bush for nominating each of these nominees and look forward to hearing their testimony. Now, just so everyone is aware, the Senate is scheduled to take a vote at 10:30. Accordingly, we will have to take a short break in the hearing at that time, and we will resume immediately following that vote. The first nominee
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