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Congressional Record—Senate S11915

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Congressional Record—Senate S11915 October 5, 1999 CONGRESSIONAL RECORD Ð SENATE S11915 of the unanimous consent request, an This is not a time for partisan dec- objectivity, courtesy, and patience opportunity to speak? larations of victory, but I am pleased [are] without blemish.'' Mr. HARKIN. If I can follow the Sen- that my colleagues revisited their deci- Utah State Senator, Mike Dmitrich, ator from Utah for 10 minutes, yes, I sion to hold up the nomination. We are one of many Democrats supporting this request to speak. proceeding with a vote on the merits nomination, wrote, ``[Mr. Stewart] has The PRESIDING OFFICER. Without on Ted Stewart's nomination, and we always been fair and deliberate and objection, it is so ordered. will then proceed upon an arranged shown the moderation and thoughtful- Mr. HATCH. Mr. President, I thank schedule to vote on other nominees in ness that the judiciary requires.'' my colleague, and I apologize. I did not precisely the way that was proposed I understand that the American Bar realize he had been standing here all prior to the filibuster vote. Association has concluded that Ted this time. Ultimately, it is my hope for us, as Stewart meets the qualifications for f an institution, that instead of sig- appointment to the federal district court. This sentiment is strongly NOMINATION OF TED STEWART TO naling a trend, the last 2 weeks will in- stead look more like an aberration shared by many in Utah, including the BE DISTRICT JUDGE FOR THE recent president of the Utah State Bar. DISTRICT OF UTAH that was quickly corrected. I look for- 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 the by an overwhelming majority vote of advice and consent to the President's confirmation of a judicial candidate the Judiciary Committee. judicial nominees. who is the epitome of good character, To those who contend Mr. Stewart And now, I would like to turn our at- broad experience, and a judicious tem- has taken so-called anti-environmental tention to the merits of Ted Stewart's perament. positions, I say: look more carefully at First, however, I think it appropriate nomination. I have known Ted Stewart his record. Mr. Stewart was the direc- that I spend a moment to acknowledge for many years. I have long respected tor of Utah's Department of Natural the minority for relenting in what I his integrity, his commitment to pub- Resources for 5 years, and the fact is consider to have been an ill-conceived lic service, and his judgment. And I am that his whole record has earned the gambit to politicize the judicial con- pleased that President Clinton saw fit respect and support of many local envi- firmations process. My colleagues ap- to nominate this fine man for a seat on ronmental groups. pear to have made history on Sep- the United States District Court for Indeed, for his actions in protecting tember 21 by preventing the invocation the District of Utah. reserve water rights in Zion National of cloture for the first time ever on a Mr. Stewart received his law degree Park, Mr. Stewart was enthusiastically district judge's nomination. from the University of Utah School of praised by this administration's Sec- This wasÐand still isÐgravely dis- Law and his undergraduate degree from retary of the Interior. appointing to me. In a body whose best Utah State University. He worked as a Consider the encomiums from the moments have been those in which practicing lawyer in Salt Lake City for following persons hailing from Utah's statesmanship triumphs over partisan- 6 years. And he served as trial counsel environmental community: ship, this unfortunate statistic does with the Judge Advocate General in R.G. Valentine, of the Utah Wetlands not make for a proud legacy. the Utah National Guard. Foundation, wrote, ``Mr. Stewart's My colleagues, who were motivated In 1981, Mr. Stewart came to Wash- judgment and judicial evaluation of by the legitimate goal of gaining votes ington to work with Congressman JIM any project or issue has been one of un- on two particular nominees, pursued a HANSEN. His practical legal experience biased and balanced results.'' short-term offensive which failed to ac- served him well on Capitol Hill, where Don Peay, of the conservation group complish their objective and risked he was intimately involved in the sportsmen for Fish and Wildlife, wrote, long-term peril for the nation's judici- drafting of legislation. ``I have nothing but respect for a man ary. There now exists on the books a Mr. Stewart's outstanding record in who is honest, fair, considerate, and ex- fresh precedent to filibuster judicial private practice and in the Legislative tremely capable.'' nominees with which either political Branch earned him an appointment to Indeed, far from criticism, Mr. Stew- party disagrees. the Utah Public Service Commission in art deserves praise for his major ac- I have always, and consistently, 1985. For 7 years, he served in a quasi- complishments in protecting the envi- taken the position that the Senate judicial capacity on the Commission, ronment. must address the qualifications of a ju- conducting hearings, receiving evi- Ultimately, the legion of letters and dicial nominee by a majority vote, and dence, and rendering decisions with testaments in support of Mr. Stewart's that the 41 votes necessary to defeat findings of fact and conclusions of law. nomination reflects the balanced and cloture are no substitute for the demo- Mr. Stewart then brought his experi- fair judgment that he has exhibited cratic and constitutional principles ence as a practicing lawyer, as a legis- over his long and distinguished career. that underlie this body's majoritarian lative aide, and as a quasi-judicial offi- Those who know Ted Stewart know he premise for confirmation to our Fed- cer, to the executive branch in State will continue to serve the public well. On a final note, Ted Stewart is need- eral judiciary. government. Beginning in 1992, he ed in Utah. The seat he will be taking But now the Senate is moving for- served as Executive Director of the has been vacant since 1997. So I am ward with the nomination of Ted Stew- Utah Departments of Commerce and deeply gratified that the Senate is now art. I think some of my colleagues real- Natural Resources. And since 1998, Mr. considering Mr. Stewart for confirma- ized they had erred in drawing lines in Stewart has served as the chief of staff tion. the sand, and that their position of Governor Mike Leavitt. I am grateful to my colleagues on threatened to do lasting damage to the Throughout Mr. Stewart's career, in both sides of the aisle who helped get Senate's confirmation process, the in- private practice, in the legislative this up and resolve what really was a tegrity of the institution, and, of branch, in the executive branch, and as very serious and I think dangerous course, the judicial branch of Govern- a quasi-judicial officer, he has earned problem for the Senate as a whole and ment. the respect of those who have worked for the judiciary in particular. The record of the Judiciary Com- for him, those who have worked with I yield the floor. mittee in processing nominees is a him, and those who were affected by The PRESIDING OFFICER. Under good one. I believe the Senate realized his decisions. And a large number of the previous order, the Chair recog- that the Committee will continue to people from all walks of life and both nizes the Senator from Iowa for up to hold hearings on those judicial nomi- sides of the political aisle have written 10 minutes. nees who are qualified, have appro- letters supporting Mr. Stewart's nomi- f priate judicial temperament, and who nation. respect the rule of law. I had assured James Jenkins, former President of AIR TRANSPORTATION my colleagues of this before we reached the Utah State Bar, wrote, ``Ted's rep- IMPROVEMENT ACTÐContinued this temporary impasse and I reiterate utation for good character and indus- Mr. HARKIN. I thank the President this commitment today. try and his temperament of fairness, for this time and his indulgence while.
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