[Senate Hearing 108-101]
[From the U.S. Government Publishing Office]
S. Hrg. 108-101
NOMINATIONS OF JERRY S. BYRD, JUDITH NAN MACALUSO, J. MICHAEL RYAN,
III, AND FERN FLANAGAN SADDLER
=======================================================================
HEARING
before the
COMMITTEE ON
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
ON THE
NOMINATIONS OF JERRY S. BYRD, JUDITH NAN MACALUSO, J. MICHAEL RYAN,
III, AND FERN FLANAGAN SADDLER, TO BE ASSOCIATE JUDGES FOR THE SUPERIOR
COURT OF THE DISTRICT OF COLUMBIA
__________
JUNE 18, 2003
__________
Printed for the use of the Committee on Governmental Affairs
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WASHINGTON : 2003
____________________________________________________________________________
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COMMITTEE ON GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah THOMAS R. CARPER, Deleware
PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas
Michael D. Bopp, Staff Director and Counsel
Johanna L. Hardy, Senior Counsel
Theresa Prych, Professional Staff Member, Oversight of Government
Management, the Federal Workforce, and the District of Columbia
Subcommittee
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Jennifer E. Hamilton, Minority Research Assistant
Marianne Clifford Upton, Minority Staff Director and Chief Counsel,
Oversight of Government Management, the Federal Workforce, and the
District of Columbia Subcommittee
Amy B. Newhouse, Chief Clerk
C O N T E N T S
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Opening statements:
Page
Senator Voinovich............................................ 1
Senator Carper............................................... 7
Prepared statement:
Senator Lautenberg........................................... 17
WITNESSES
Wednesday, June 18, 2003
Hon. Eleanor Holmes Norton, Congresswoman from the District of
Columbia....................................................... 2
Jerry S. Byrd, to be Associate Judge of the Superior Court of the
District of Columbia........................................... 4
Judith Nan Macaluso, to be Associate Judge of the Superior Court
of the District of Columbia.................................... 5
J. Michael Ryan, III, to be Associate Judge of the Superior Court
of the District of Columbia.................................... 5
Fern Flanagan Saddler, to be Associate Judge of the Superior
Court of the District of Columbia.............................. 6
Alphabetical List of Witnesses
Byrd, Jerry S.:
Testimony.................................................... 4
Biographical and professional information.................... 27
Macaluso, Judith Nan:
Testimony.................................................... 5
Biographical and professional information.................... 41
Norton, Hon. Eleanor Holmes:
Testimony.................................................... 2
Ryan, J. Michael, III:
Testimony.................................................... 5
Biographical and professional information.................... 76
Responses to pre-hearing questions........................... 106
Saddler, Fern Flanagan:
Testimony.................................................... 6
Biographical and professional information.................... 113
Appendix
Hon. John W. Warner, a U.S. Senator from the State of Virginia,
prepared statement............................................. 17
Hon. Paul Strauss, Shadow U.S. Senator from the District of
Columbia, prepared statement................................... 18
NOMINATIONS OF JERRY S. BYRD, JUDITH NAN MACALUSO, J. MICHAEL RYAN,
III, AND FERN FLANAGAN SADDLER
----------
WEDNESDAY, JUNE 18, 2003
U.S. Senate,
Committee on Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10 a.m., in room
SD-342, Dirksen Senate Office Building, Hon. George V.
Voinovich, presiding.
Present: Senators Voinovich and Carper.
OPENING STATEMENT OF SENATOR VOINOVICH
Senator Voinovich. Good morning. I apologize for being late
this morning. I had a small emergency in the office. A special
welcome to the families, friends, and colleagues that are here.
The hearing will come to order, and I would like to welcome
you today.
The Senate Committee on Governmental Affairs convenes to
consider four nominations to the Superior Court of the District
of Columbia, Jerry S. Byrd to be an Associate Judge, Family
Court Division; Judith Macaluso to be an Associate Judge,
Family Court Division; J. Michael Ryan to be an Associate
Judge, Family Court Division; and Fern Flanagan Saddler to be
an Associate Judge.
The three nominees to the Family Court Division of the
District Superior Court have been nominated to fill new
positions created by Congress in the Family Court Act of 2001.
These justices will serve the Family Court for the first 5
years of their 15 year term.
The Committee takes its oversight responsibility of the
District of Columbia Family Court very seriously. We created
the Family Court system, and we are committed to making it
successful.
I welcome today's opportunity to discuss the court with
you.
Jerry Byrd has served as a Magistrate Judge in D.C.
Superior Court since 1981. His legal background includes 16
years of service with neighborhood legal services.
Judith Macaluso has made a career of public service. She,
too, serves as a Magistrate Judge in the D.C. Superior Court.
Prior to that, Ms. Macaluso served as a trial attorney with the
U.S. Department of Justice and the Department of Labor.
Michael Ryan serves as Special Counsel to the Director of
the Public Defender Service. Mr. Ryan's career includes an
impressive dedication to mental health issues. He is a member
of the Mental Health Retardation Branch Working Group at the
D.C. Superior Court and is an advisory board member of the
Criminal Justice Mental Health Consensus Project of the Police
Executive Research Forum.
Fern Flanagan Saddler was nominated by President Bush to
fill a vacancy created by the retirement of Judge Patricia A.
Wynn. Ms. Flanagan currently serves as Magistrate Judge for the
Superior Court and has served since 1991. Her impressive
background also includes service as the Acting Chief Deputy
Clerk of the D.C. Court of Appeals and senior staff attorney at
the Court of Appeals.
I now welcome my colleague, Congresswoman Eleanor Holmes
Norton for the District of Columbia, who is here to offer a few
words of introduction for our nominees. Eleanor, thank you for
being here with us today. You always have been very
conscientious about your responsibilities, and we both
recognize how important these judges are to the District.
STATEMENT OF HON. ELEANOR HOLMES NORTON, A REPRESENTATIVE IN
CONGRESS FROM THE DISTRICT OF COLUMBIA
Ms. Norton. Thank you very much, Mr. Chairman. And may I
thank you as well for your very kind and diligent attention to
matters facing the District of Columbia, not the least of which
was the creation or the revision of the Family Court, the first
revision in 30 years, on which you and your Committee worked so
diligently, and this particular introduction is of special
interest. Fifteen new judges were authorized. Three of the four
nominees here today will be Family Court Judges.
You have outlined their qualifications. I will try not to
repeat what you have said; rather I will quickly run through
some of their impressive credentials. I will do so in
alphabetical order.
Jerry S. Byrd, who is now Deputy Presiding Magistrate of
the Superior Court, where he has served since 1981, graduated
cum laude from Fisk University and from Howard University Law
School.
Judith N. Macaluso, Magistrate Judge for 5\1/2\ years,
spent 22 years as a trial and appellant attorney, won 17 awards
at the Justice Department and served at the Labor Department.
She is a magna cum laude graduate of Howard University Law
School.
J. Michael Ryan is Special Counsel to the Director of our
Public Defender Service, which we consider the best public
defender service in the country. You have spoken of his work in
mental health where he has special responsibilities at the
Public Defender's Service. He is also an Adjunct Assistant
Professor of Psychology at Georgetown University Medical
School. He has a B.A. from William and Mary and has a law
degree from George Washington University.
Finally, Fern Flanagan Saddler, the only judge of general
jurisdiction, not for the Family Court in particular. A
Magistrate Judge for 11 years, she is a graduate of Wellesley
College and of Georgetown University Law School.
I very much appreciate your willingness to hold this
hearing so promptly, Mr. Chairman.
Senator Voinovich. Thank you, Congresswoman.
You know that you are welcome to stay for the remainder of
the hearing, but I know that you have a very full schedule. We
thank you again for being here with us this morning.
Ms. Norton. Thank you very much.
Senator Voinovich. It is the custom of the Committee to
swear in witnesses. Therefore, I would ask all of you to rise.
[Witnesses Sworn.]
Senator Voinovich. Let the record note that all the
witnesses answered in the affirmative.
I understand that some of you have family members here
today as well as supportive colleagues and friends. Please take
this opportunity to introduce them now and make any opening
remarks that you would like to make at this time.
Mr. Byrd, we will start with you.
Mr. Byrd. Thank you, Mr. Chairman. I would like to
introduce Ms. Byrd; and Jerry Byrd, Jr., who just graduated
from St. John's College High School. My secretary, Aylice Cobb
is here. My good friend and colleague, Magistrate Judge Aida
Melendez is here. And my long-time friend and colleague for
over 20 years, Presiding Magistrate Judge J. Dennis Doylt is
here also.
Senator Voinovich. Thank you. Ms. Macaluso.
Ms. Macaluso. Thank you, Mr. Chairman. I will make an
introduction and make very brief remarks, if I may.
With me today is Vincent Macaluso, my wonderful husband of
32 years. He is retired from a long career as a public servant.
Two of our children were able to be here today, Corine
Macaluso, my beloved stepdaughter. She is a Transportation
Specialist with the Department of Energy's Office of Civilian
Radioactive Waste Management. Adam Macaluso, my beloved
stepson, is a trial attorney with GEICO.
I am very pleased to introduce dear friends from my legal
life, J. Patrick Glynn, a Director of the Torts Branch, Civil
Division, U.S. Department of Justice; Margaret Jane Mahoney, a
trial attorney with the Environmental Torts Branch, Civil
Division, U.S. Department of Justice; Jim Faulk, Jr., a Federal
trial attorney and sports attorney, and past Chair of the
Litigation Section of the District of Columbia Bar.
I am honored to be able to introduce my very good friends
from the mental health advocacy community, Joan Bowser, who is
President of the District of Columbia Chapter of the National
Alliance for the Mentally Ill; and Morton Schussheim who, with
his late wife, Hanna Schussheim, was a Founding member of
Friends of St. Elizabeths and is on the Board of Directors of
the District of Columbia Chapter of the National Alliance for
the Mentally Ill.
Would now be the appropriate time for me to make my brief
remarks?
Senator Voinovich. I think what I will do is let everybody
introduce their family and then we will hear statements. Thank
you. Mr. Ryan.
Mr. Ryan. Thank you, Mr. Chairman.
I would like to introduce my wife, Catherine Blake Ryan; my
son, Michael Porter Ryan; and my daughter, Virginia Blake Ryan.
I regret that my parents passed away and could not be here
to be present, as well. The Director of the Public Defenders
Service for the District of Columbia, Ronald S. Sullivan, Jr.
is here with me; my colleagues from the Public Defender
Service, close friends and neighbors from my neighborhood, the
Palisades. Thank you.
Senator Voinovich. Thank you. Ms. Saddler.
Ms. Saddler. Good morning, and thank you, Mr. Chairman.
With me today are my wonderful husband, Reverend Paul
Harvey Saddler, Executive Minister at Shaw Community Ministry
in the District of Columbia; my brother, Dr. T. Earl Flanagan,
Jr., retired Chief of the Dental Staff at St. Elizabeth's
Hospital in Washington, DC; two of my favorite cousins, Malcolm
Gee and Joan Miller are here today.
I, too, regret that my parents could not be here; they are
both deceased.
I also have a host of friends, relatives and colleagues
here. My colleagues that are here have already been introduced
by Judge Byrd so I will not repeat that and I do thank them for
coming. Here also are my secretary, Lillie Tyler; and my law
clerk, Deborah Ohiomoba. I thank them for coming.
Senator Voinovich. Thank you, very much.
Mr. Byrd, we welcome any comments you would like to make to
the Committee.
TESTIMONY OF JERRY S. BYRD,\1\ NOMINEE TO BE AN ASSOCIATE JUDGE
OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Byrd. Thank you, Mr. Chairman.
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\1\ The biographical and professional information for Mr. Byrd
appears in the Appendix on page 27.
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I see that Congresswoman Elenor Holmes Norton has gone but
I want----
Senator Voinovich. Excuse me, Mr. Bryd, I would like to
mention that Senator Carper has joined us. Senator Carper,
thank you for being here.
Senator Carper. My pleasure.
Mr. Byrd. I just want to put on the record that I
appreciate her introduction of me at this hearing.
It is a privilege and an honor for me to appear here today,
to have this Committee consider whether to consent to my
nomination as an Associate Judge in the District of Columbia
Family Court.
It is a culminating event. It is the end of a long-time
dream. I appreciate the time and effort spent by the Committee
members and the staff in considering my nomination.
I am particularly grateful to the staff members who worked
with me and assisted me in this process, and I really needed
it.
And finally, of course, I would not be here if the
President had not submitted my name to the Senate, and for this
I thank the President and the White House Office of Counsel to
the President, who saw merit in my candidacy.
Last but not least, I am indebted to the D.C. Judicial
Nomination Commission for submitting my name to the President.
One final remark: As you said, Mr. Chairman, Congress
passed the D.C. Family Court Act to create a court that would
specialize in family matters, particularly those dealing with
children. This Committee has an oversight function to see that
the type of judges that are appointed, in fact, have the
credentials that are required by the statute.
I would just like to say that as to whatever experience I
may have gained over the years and I bring to the Family Court,
I will dedicate it to the service of the community and D.C.
children. I will devote myself to continued training,
especially in the behavioral sciences as they improve in
diagnosing and dealing with some of the problems that families
face in the District of Columbia. Thank you.
Senator Voinovich. Thank you, Mr. Byrd. Ms. Macaluso.
TESTIMONY OF JUDITH NAN MACALUSO,\1\ A NOMINEE TO BE AN
ASSOCIATED JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA
Ms. Macaluso. Thank you, Mr. Chairman and Senator Carper.
---------------------------------------------------------------------------
\1\ The biographical and professional information for Ms. Macaluso
appears in the Appendix on page 41.
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I want to thank you both for taking the time to conduct
this hearing and to consider my nomination.
I also want to thank the highly professional, yet
compassionate, Senate staff who helped me through the process
and answered my many questions.
It is also important for me to thank the members of the
Judicial Nomination Commission who recommended me as a
candidate; the staff of the White House Counsel's Office and
the White House Counsel, Alberto Gonzalez; and President George
W. Bush for nominating me.
It would be a great privilege and a great responsibility to
be entrusted with a judgeship on the District of Columbia's
Family Court. Everyone who comes before the D.C. Superior Court
deserves the best the court has to offer, but those involved in
Family Court are truly the city's most vulnerable people, and I
can assure you that, if I am fortunate enough to be confirmed
as an Associate Judge on the Family Court, I will do my best to
meet their needs.
Thank you for considering me.
Senator Voinovich. Thank you. Mr. Ryan.
TESTIMONY OF J. MICHAEL RYAN, III,\2\ A NOMINEE TO BE AN
ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA
Mr. Ryan. Chairman Voinovich, Senator Carper, and Committee
staffers, thank you.
---------------------------------------------------------------------------
\2\ The biographical and professional information for Mr. Ryan
appears in the Appendix on page 76.
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I am honored to be nominated by the President of the United
States to be a judge on the Family Court. I am honored to
appear before the Governmental Affairs Committee and the U.S.
Senate for confirmation.
I grew up in a house in which commitment to public service
was always regarded as the highest and best use of one's
talents. My father, Joseph Michael Francis Ryan, Jr., who
passed away last summer, was a judge on the Superior Court and
its predecessor courts for 35 years, the first 10 years
actually in a family assignment. He was an attorney for the
Department of Justice and in the U.S. Attorney's Office before
that.
My grandfather, Joseph M. F. Ryan, Sr., was a lawyer in
Philadelphia for over 50 years.
My commitment to our community and its legal system runs
deep. My wife, Catherine, and I are raising our children,
Virginia and Porter, to feel this commitment, to appreciate
these same values and to understand that the ultimate measure
of one's worth is the manner in which we serve our community.
My career, from law school to present, honors this
commitment. As an attorney for the Public Defender Service in
our Mental Health Division, trying many cases in the court's
Family Division, it has been my privilege to serve our
community for almost 18 years.
I have always relished the chance to give a voice to those
least fortunate in our society. And the role of the zealous
advocate is, without doubt, very important. However, the
impartial judge is the sine qua non of our system of justice.
If given the opportunity to serve on the Superior Court, I
will strive to emulate the best of those who have gone before
me, and in front of whom I have practiced, judges who provide
an accessible forum for the solution of problems, judges who
respect both the law and the litigants, and judges who
demonstrate patient fairness in the resolution of disputes.
Thank you for this opportunity to address the Committee.
The new Family Court is both a challenge and a promise. My
career, I would submit, has prepared me to meet this challenge
and I am dedicated to fulfill the promise to this city if given
the opportunity.
Senator Voinovich. Thank you, Mr. Ryan. Ms. Saddler.
TESTIMONY OF FERN FLANAGAN SADDLER,\1\ A NOMINEE TO BE AN
ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA
Ms. Saddler. Thank you, Mr. Chairman, Senator Carper, and
staff members, for this opportunity to make remarks.
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\1\ The biographical and professional information for Ms. Saddler
appears in the Appendix on page 113.
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I would like to say that it is quite an honor and a
privilege to be here today. I am so humbled by this occasion.
It has been a lifelong dream of mine to become an Associate
Judge of the Superior Court of DC.
There are so many persons that I wish to thank today.
Obviously, I do not have time to thank everyone; we would run
out of time. But I would especially like to thank the Judicial
Nomination Commission for submitting my name to President
George Bush as a candidate for the Superior Court. I wish to
thank the President for nominating me as an Associate Judge of
the Superior Court. And I would like to thank the Senate staff
and the Senate for convening this hearing today. The staff has
been particularly helpful and has worked diligently to get me
to this stage and through the process.
I would also like to thank, even though she left, Delegate
Eleanor Holmes Norton for introducing me today, and Senator
Paul Strauss, Shadow Senator for the District of Columbia, for
being here today and submitting a statement in support of my
nomination.\1\ And also, to Senator John Warner and his staff
for supporting my nomination, also, and for the statement
submitted in support.
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\1\ The prepared statement of Senator Paul Strauss appears in the
Appendix on page 18.
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If confirmed, I will be an excellent Associate Judge and
will do my best to serve the District of Columbia to the best
of my ability.
Thank you very much.
Senator Voinovich. Thank you. For the record, I would
reiterate that the Judicial Nomination Commission recommended
your names to the President of the United States. The President
then recommended you to the Senate. The Committee reviewed
reports from the FBI on each of you. The staff of this
Committee have reviewed your qualifications and have asked you
many of the tough questions you needed to answer.
I have personally reviewed the FBI files on each of you,
and I am impressed by your qualifications. The fact that three
of you have served as magistrates and have been in public
service a long time, it is very comforting to me as you are
moving into new positions.
Mr. Ryan, you spoke very eloquently, and you are anxious to
have an opportunity to serve.
This court is very important. I come from a State where we
have juvenile judges. I must tell you that when I appointed
those judges to fill a vacancy I really paid a lot of attention
to the qualities and qualifications of the individuals. As a
judge you have an opportunity to make a real difference in the
lives of some youngsters and families that really have some
problems.
What you do and how conscientious you are in carrying out
your responsibilities, can leave a lasting impression. You can
touch a family. You can touch the individual that comes before
you and make a difference for the rest of their lives.
That is why we were so interested to establish the Family
Court, so we would have that kind of special attention you will
bring. You all have unique experiences, and as you to start to
work with these cases, with the social workers, and so forth,
you have an unbelievable opportunity to touch the lives of
people and make a real difference.
I hope you look forward to that opportunity. It is a
special one.
Senator Carper, would you like to make any comments before
I ask the witnesses to answer some questions that they are
required to answer?
OPENING STATEMENT OF SENATOR CARPER
Senator Carper. Like Governor Voinovich, I was once a
governor. In Delaware, we do not elect judges, we appoint them.
Governor's nominate them. We have a judicial nominating
commission. They submit the names to the governor and the
governor considers those nominees, nominates one and our State
Senate than has the opportunity to hold hearings and then to
vote to confirm or not to confirm.
So this is a process we have both been through from earlier
parts of our life and I look forward to asking some questions
of all of you.
Thank you for coming, and a special welcome to your
families and to the Shadow Senator sitting out there in the
audience.
Senator Voinovich. There are three questions that I am
required by the Committee to ask each if you.
Is there anything that you are aware of in your background
that might present a conflict of interest with the duties of
the office to which you have been nominated? I would like each
one of you to respond.
Mr. Byrd. No, sir.
Ms. Macaluso. No.
Mr. Ryan. No, sir.
Ms. Saddler. No, sir.
Senator Voinovich. Do you know of any reason, personal or
otherwise, that would in any way prevent you from fully and
honorably discharge the responsibilities of the office to which
you have been nominated?
Mr. Byrd. No, sir.
Ms. Macaluso. No, sir.
Mr. Ryan. No, sir.
Ms. Saddler. No, sir.
Senator Voinovich. Do you know of any reason, personal or
otherwise, that would in any way prevent you from serving the
full term for the office to which you have been nominated?
Mr. Byrd. Mr. Chairman, I would say that I can serve the 5-
year term in the Family Court, but would not be able to serve
the 15 year term of the regular Associate Judge because I will
be forced to retire before I can serve my 15 years.
Senator Voinovich. Why would you be forced to retire?
Mr. Byrd. The retirement age is 74 and I am 67 now.
Senator Carper. You are not. Do you have any ID we could
see? Whatever you are eating and drinking, keep it up.
Mr. Byrd. Other than that, yes, I can serve.
Senator Carper. God, you are old. So am I.
Mr. Byrd. Senator Carper, I believe that Shadow Senator
Strauss, introduced me to you in the Senate cafeteria about a
week ago.
Senator Carper. We were eating spinach salads that day, as
I recall.
Senator Voinovich. Ms. Macaluso.
Ms. Macaluso. There is nothing that would interfere with my
serving out my full term. Thank you, Mr. Chairman.
Mr. Ryan. There is nothing that I am aware of that would
interfere with my serving a full term, Mr. Chairman.
Senator Voinovich. Ms. Saddler.
Ms. Saddler. There is nothing I am aware of that would
prevent me from serving the full-term.
Senator Voinovich. Thank you.
I have a few additional questions that I now would like to
ask, but I am going to yield to Senator Carper. He was so kind
to come in and appear here this morning. So often, when I have
done this, none of my colleagues are able to attend. It is not
that they are not interested, but everyone is so busy. They
know that you have all gone through the rigors of this whole
process.
But I particularly appreciate Senator Carper being here and
Senator, I would like to give you an opportunity to ask any
questions that you might have because I know you are very busy.
Senator Carper. You are very kind, Mr. Chairman. Thank you
very much.
I have three questions I want to ask of each of you. I will
mention the questions and then we will come back and take them
one at a time. I would like for you to answer these questions
in about a minute, if you will. So fairly crisp responses.
Why do you want to be a judge? And particularly why do you
want to be this kind of judge?
Setting aside modesty, I admire modesty in people, but
setting aside modesty, why are you well prepared to assume
these responsibilities?
And how about describing for us the attributes of judges
whom you admire and who you would seek to emulate?
Mr. Byrd. I guess I go first?
Senator Carper. Since you are the oldest.
Mr. Byrd. The reason I would like to be an Associate Judge
is that I have served as a Magistrate Judge for a long time and
I have found that--an Associate Judge, of course, has more
responsibility and can do more in terms of assisting the
community and helping the Family Court than a Magistrate Judge.
As an Associate Judge, I would have more control over the
cases that I have. I would control the cases from the beginning
to the end. I would be able to fashion orders and solutions to
problems that, as a Magistrate Judge, I would not be able to do
because once a Magistrate Judge gets through with preliminary
proceedings the case is passed over to an Associate Judge.
I think I am well prepared for an assignment in the Family
Court. I guess out of the 20 years I have been at the court, I
have spent, maybe 10 or 15 years dealing with family matters
one way or another. So, I have dealt with the type of family
cases that I would get as an Associate Judge, at least in their
preliminary stages.
For example, in our abuse and neglect cases, as a
Magistrate Judge, I have dealt with the initial hearing stages
and the initial placement of the children, but I have not dealt
with the fact-finding or dispositional hearings. That is
something I would have to do as an Associate Judge.
But the divorces and other items such as mental retardation
cases, mental health cases, establishing paternity and child
support cases, I already do. So I would think that I would be
qualified in these areas.
As far as attributes for a judge, I would say that Judge
James Belson, who is now a Senior Judge at the Court of Appeals
but started out as a Judge in Superior Court, has attributes of
a judge that I emulate and that I think are very good.
Senator Carper. What are those?
Mr. Byrd. He has, first, a good judicial demeanor. He is
competent and intelligent. He was compassionate as a trial
judge, and he dealt with his cases on an expedited basis. After
he served for 10 or 15 years as a trial judge he went to the
Court of Appeals where he writes instructive and understandable
decisions. This shows to me that he is well-rounded. He is
well-liked and well-respected.
So he is the type of judge that I would emulate, that I do
emulate.
Senator Carper. Thank you.
Ms. Macaluso. Senator Carper, to address your first
question of why I want to be a judge, I have always felt, even
as I was a lawyer for 22 years, that was the part of the legal
system that most fit my personality. What I really wanted to do
was make the case come out right, rather than be an advocate
for one side.
And then I was fortunate enough to become a Magistrate
Judge, which is a judge of a court of limited jurisdiction. I
found that was indeed the niche within the legal system that
satisfied me best.
Being a judge of the Family Court is a particular
attraction and a wonderful opportunity. It is an opportunity to
serve, as I indicated before, the most vulnerable citizens of
the District of Columbia and to serve them at a particular time
when the Family Court is first being formed, when we will be
able to make a most important contribution to shape the Family
Court.
As Judge Byrd indicated, the Magistrate Judges are
particularly well prepared to make this contribution. We have
already presided over many of the kinds of cases involved in
Family Court, child abuse, child neglect, juvenile delinquency,
paternity, child support, uncontested divorces, mental
retardation. We have handled mental health issues in the
context of criminal calendars. We have handled domestic
violence issues on the domestic violence calendar and also in
the context of felony criminal calendars. And we have done so
in the role of a judge.
So we do come to this position, I think, particularly well
prepared.
Attributes that I would seek to emulate, I particularly
admire Noel Kramer on our court, and she has a plaque in our
own personal office within her chambers. On that plaque are
written the words, ``Patients, Dignity, Fairness.'' Those are
certainly three wonderful attributes for me to keep in mind, as
this judge I respect very highly, keeps them in mind on a daily
basis.
You cannot put everything on a plaque, so to that I would
add ``Timeliness.'' I think it is tremendously important for a
judge to issue decisions quickly.
And also respect for each individual who comes before you.
It is vitally important that a judge never lose the sense that
those people before the judge are distinct individuals. They
are not just items on that day's conveyor belt.
Those are the attributes that I hope to emulate.
Senator Carper. Those are great attributes. I would hope
that all of you would subscribe to them and embrace them.
They are great words on the plaque but they are even better
when they come from your heart. Mr. Ryan.
Mr. Ryan. Senator Carper, thank you.
I would like to become a judge. I have been an advocate for
many years and I would like very much to be the problem solver,
the person who ultimately helps the community solve the
problems that are brought to the courthouse.
As a public interest lawyer, the pinnacle of community
service, as far as I am concerned, short of joining the
legislature perhaps, is being a trial judge. I would like very
much to do that.
I believe that I am qualified for that because of the
extensive experience that I have had litigating in most of the
divisions of the courthouse.
Specifically for the Family Court, the experience that I
have had in mental health law, I believe uniquely qualifies me
for that and prepares me for it, because the mental health
issues that one sees in the courthouse go through all of the
different divisions and they affect, especially in the Family
Division, the development of children and the forces that keep
the family together and drive a family apart.
So I would say that my mental health experience is very
important in bringing me to the Family Court.
With respect to qualities that I admire in jurists, the
ability to make the courthouse an accessible forum to all
people is perhaps most important to me. Judges who demonstrate
respect for both the law and the litigants, the parties that
are before them, and everyone in the courtroom, and give the
community the impression that this is a very serious and
honorable thing that is being undertaken in the courthouse is
very important to me.
And patient fairness is ultimately what I would look for in
myself as a judge and what I have admired in others. There are
many great judges that have practiced in front of me over the
years and the ones that came to mind immediately were Truman
Morrison and Ricardo Urbina and Emmett Sullivan, three great
judges that I have had the privilege of appearing in front of
and would love to do as well as they have done.
Senator Carper. Thank you, Mr. Ryan. Ms. Saddler.
Ms. Saddler. Thank you, Senator.
In response to your question of why I want to be an
Associate Judge, as I mentioned earlier, that has been a
lifelong dream. And I have served for the past 12 years as a
Magistrate Judge at the Superior Court of the District of
Columbia and have rotated among the three divisions and have
extensive experience in all three divisions.
I want to an Associate Judge. There are some things that
Associate Judges do that the Magistrate Judges cannot do and I
would like the opportunity to do that. For example, the
Associate Judges conduct jury trials whereas as we do not do
that. Every trial we do is a bench trial. So I look forward to
that opportunity. And there are some assignments or divisions
that we do not have jurisdiction over, such as landlord and
tenant. So I look forward to those assignments.
And I would like to be an Associate Judge because I believe
I can help the court. I have done a good job, a very good job
as a Magistrate Judge. I am familiar with the players there. I
know just about all of the staff. I am very familiar with the
court and its divisions. I think I can be very helpful to this
court.
Senator Carper. Just describe the attributes of the kind of
judge you would be.
Ms. Saddler. I believe one of the most important attributes
of a judge is an excellent judicial temperament, somebody who
treats all litigants fairly, with dignity, and with respect,
who is well-prepared when they come to the bench, makes well-
reasoned decisions based upon the law, and applicable facts in
each case.
As to the attributes of judges that I admire, I would name
Judge Nan Shuker and Judge Paul Weber. I have worked with both
of them extensively, especially Judge Shuker when I was in the
Civil Division, and Judge Paul Weber was also--I worked with
him closely before he retired when I was in the Civil Division.
They both are very well-prepared judges. And I have also
appeared in front of them when I was an attorney.
They are well-prepared with their cases. It appears that
they have read the materials and are familiar with the
materials. They always appear fair and just. They take the
bench on time. They have proper courtroom demeanor and decorum
in my view.
Senator Carper. Mr. Chairman, as Ms. Saddler concludes her
remarks, I am just reminded that most of the attributes that
they have described that they would seek to be in a judge would
be good attributes for guys like us.
Thank you for letting me join you, Senator Voinovich. I
serve on a bunch of different committees, and I have another
one that is meeting right now and I am going to slip out and
join that.
Thank you for giving me a chance to ask those questions.
Welcome and good luck. Thanks for your public service. And to
your families that are gathered in the room with us today,
thank you for sharing your loved ones, even your cousins, with
the people of this district. Thank you.
Senator Voinovich. Thank you, Senator Carper.
I thought that Senator Carper's questions were very well
stated and your responses were very kind. And quite frankly,
some of the questions that I wanted to ask you already answered
for me.
Mr. Ryan, I have a question I would like to ask you. After
this hearing is over, your names will be brought to the
Committee for consideration and then Members will have to
decide if they will recommend you to the full Senate. And I am
sure that one of the questions that will be on the minds of
many of the Members when they look at the record, is the issue
of the tax difficulties that you disclosed to this Committee in
your pre-hearing questionnaire.
I would like you to comment on the record about this. As I
say, it will be an issue that will be raised by some of them
and I would rather have it in the record so that we do not have
any question about it.
Mr. Ryan. Surely, Mr. Chairman. There were taxes that we
filed late as a result of having to have a major overhaul of
the way our income had been calculated. And we worked with the
IRS to make those filings. We paid everything that was due and
owing, although we did pay them late. We filed extensions up
until a point and worked closely with the IRS to file what we
were supposed to file when we could. We met all of our
obligations and have thereafter, sir.
Senator Voinovich. I would like a commitment from you today
in public that you are going to file your returns from now, on
time.
Mr. Ryan. Absolutely. You have that. And I have done that
since then.
Senator Voinovich. There will never be any question
whatsoever in the future.
Mr. Ryan. You have that, Mr. Chairman.
Senator Voinovich. All of you have to understand that you
are going to set an example for other people. Frankly, what you
do in your personal, private lives many times, as you know in
this business, gets out in the press. And if you say one thing
to somebody in the Courtroom and you do something else, the
impact that you have on those individuals is not positive.
Thank you, very much, Mr. Ryan.
Mr. Ryan. Thank you Senator.
Senator Voinovich. One of the things that the statute
requires is that all Family Court judges must have, Mr. Byrd,
Ms. Macaluso, and Mr. Ryan, training and experience in family
law, must intend to serve the 5-year term, and must certify to
the chief judge that he or she will participate in ongoing
training programs.
I would like to know, first, do you all agree to
conscientiously participate in the training sessions? And if
any of you would like to comment on that, I would be interested
in hearing your thoughts.
Mr. Byrd. Yes, sir. I would like to say, Mr. Chairman, that
with respect to the training program, that I would and will
presently participate in the training programs in Superior
Court.
And that not only is it required by the statute, but that I
think it will make me a better Family Court Judge. As a person
who has gone to law school and as a judge, I can oftentimes
read new legal decisions and I do not really need that much
training. But when it comes to applying the behavioral sciences
to the volatile situations that we get in these family law
cases, then I know that I am in need of that type of training,
that type of introduction to those disciplines.
The presiding judge of the Family Court, Joe Satterfield,
has ongoing training. And I just yesterday went to a training
session. So I intend to fully go to all training sessions, not
only because they are required by statute, but because it will
make me a better Family Court Judge.
Senator Voinovich. Thank you. Ms. Macaluso.
Ms. Macaluso. Mr. Chairman, I do not think I can improve
upon or even enlarge upon the remarks that Judge Byrd just
made. I was with Judge Byrd yesterday in the training session
that we had over the lunch hour. As a matter of fact, there is
another training session starting at 4:30 this afternoon.
Both of us are very dedicated to attending these training
sessions.
We have been very fortunate because, as Magistrate Judges
already at the court, we have had the opportunity over the last
several months while our nominations have been pending to start
this training and to attend the ongoing Family Court training.
We both know how valuable and on point this training is.
Thank you, sir.
Senator Voinovich. Mr. Ryan.
Mr. Ryan. I look forward to any opportunity to go to
trainings dealing with the Family Court and trainings generally
dealing with the work of being a judge. I look forward to it,
sir.
Senator Voinovich. Ms. Saddler, the training that you have
received, have you found it well worthwhile in your
responsibilities as a magistrate?
Ms. Saddler. Extremely worthwhile. I have been a member of
the Judicial Training Committee for several years. And in that
aspect on several occasions I am called upon to train. Often it
is helpful to learn when you are training, also.
But I have found it extremely helpful to go to all the
training sessions, have tried to go to all of them, and will
participate in any training for whatever division I am sent to,
if confirmed.
Senator Voinovich. Under the Family Court Act, ongoing
training for Family Court judges must include child
development, family dynamics including domestic violence,
relevant Federal and D.C. laws, permanency planning and
practice, and recognizable risk factors for child abuse.
I just want to repeat that again. It includes child
development, family dynamics including domestic violence,
relevant Federal and D.C. laws, permanency planning and
practice, and recognizable risk factors for child abuse.
Since you started the training, Mr. Byrd and Ms. Macaluso,
do you think there is anything else that we ought to have
included in there in terms of training?
Ms. Macaluso. May I jump in to speak for that?
I do not know that the area of mental illness has been
specifically highlighted in that list. And yet, mental health
issues permeate virtually all of the child abuse and child
neglect cases and are present in a great majority of the
juvenile delinquency cases.
I know that, although that category is not specified,
certainly Michael Ryan, if he is fortunate enough to be
confirmed, and I if I am fortunate enough to be confirmed, are
dedicated and motivated with respect to those issues.
Judge Ann O'Regan Keery at the court is a former General
Counsel of St. Elizabeths and we have something of a mental
health caucus building at the court, now. And I know that area
of training will be something we will work very hard to
address.
Senator Voinovich. Thank you. That is a very good point.
You are right, that if you go back to it there is usually some
problem that deals with mental illness.
I will be interested to see the recommendation that just
came out of the President's Commission. Michael Hogan, who is
the Chairman, is the Mental Health Director for the State of
Ohio. I hired him many years ago, and he continues to serve in
that capacity.
I think that mental illness is something that we need to
talk more about in this country because it can have a profound
impact on our society.
That is a good suggestion. We will have the staff make note
of that.
I think that I have asked enough questions. Would any of
you like to make any further comments before we adjourn this
hearing?
Again, I would like to thank all of you for coming here
today, and I would like to thank the members of your families
for being here and backing you up. I know that this is a
special time for your families. Many of you have indicated that
reaching the bench has been a desire on your part for a long
time. And today, if everything goes the way I expect it to,
that desire that you have will be achieved.
I think the fact that you have diverse experiences, it is a
great benefit. You have worked your way up and get your eye on
that job, and wow, I have an opportunity to serve and make a
difference for my fellow human beings.
So again, thank you very much for being here. And for the
children that are here, you can mark this down in your books as
a special day. Again, thank you very much.
The hearing is adjourned.
[Whereupon, at 10:47 a.m., the hearing was adjourned.]
A P P E N D I X
----------
PREPARED STATEMENT OF SENATOR LAUTENBERG
Mr. Chairman, we have before us four nominees to be Associate
Judges of the Superior Court of the District of Columbia. I would make
two related points.
The District of Columbia has more people than Wyoming and nearly as
many as Vermont and Alaska. Yet DC is not a State and so does not have
two U.S. Senators; its House Member, Delegate Eleanor Holmes Norton,
had her voting privilege rescinded by House Republicans when they took
over in 1995.
It would be easy--and terribly unfortunate--for the Administration
to try to ``ram'' judicial nominees down DC's throat. There have been
far too many instances over the years in which the Executive Branch
and, I'm sorry to say, Congress have run roughshod over Home Rule in
D.C.
Fortunately, that does not appear to be the case here.
We have the DC Judicial Nomination Commission, which compiles and
submits a lost of nominees to the President. The President makes his
selections from that list.
Which brings me to my second point: I think it is refreshing that
the District of Columbia--one of the most progressive jurisdictions in
the country--can come to some agreement with a conservative Republican
President on judicial nominees?
I think it is a model we ought to be looking at with regard to
reaching a consensus on other Federal judicial nominees.
Thank you, Mr. Chairman. I look forward to hearing from our
nominees.
__________
PREPARED STATEMENT OF SENATOR WARNER
Chairman Collins, Senator Lieberman, and my other distinguished
colleagues on the Senate's Government Affairs Committee, I thank you
for holding this confirmation hearing today.
Today, I am pleased to introduce to you Magistrate Judge Fern
Flanagan Saddler, who has been nominated to serve as a judge on the
District of Columbia's Superior Court.
Miss Saddler has a strong legal background. Subsequent to earning
her J.D. at Georgetown University Law Center in 1979, she practiced law
for many years in Washington, D.c. at the law firm Mitchell, Shorter
and Gartrell. She represented many clients in civil, family, and
criminal cases before local and Federal trial courts as well as Federal
appellate courts.
Over the years, Magistrate Judge Saddler has served the District of
Columbia Court of Appeals in many capacities. First, she served as a
Senior Staff Attorney for the court, and then as the Acting Chief
Deputy Clerk.
In February 1991, she was sworn in as a Magistrate Judge for the
Superior Court of the District of Columbia. For the past 11 years, she
has rotated among the Family, Criminal, and Civil Divisions of the
court.
As you can see, Magistrate Judge Saddler's experience with the law
is extensive. I support her nomination, and look forward to the
Committee reporting out her nomination favorably.
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