[Senate Hearing 109-907]
[From the U.S. Government Publishing Office]
S. Hrg. 109-907
NOMINATIONS OF HON. ANNA BLACKBURNE-
RIGSBY, PHYLLIS D. THOMPSON, AND
JENNIFER M. ANDERSON
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
ON THE
NOMINATIONS OF HON. ANNA BLACKBURNE-RIGSBY AND PHYLLIS D. THOMPSON TO
BE ASSOCIATE JUDGES, DISTRICT OF COLUMBIA COURT OF APPEALS, AND
JENNIFER M. ANDERSON TO BE ASSOCIATE JUDGE, SUPERIOR COURT OF THE
DISTRICT OF COLUMBIA
__________
JULY 11, 2006
__________
Available via http://www.access.gpo.gov/congress/senate
Printed for the use of the
Committee on Homeland Security and Governmental Affairs
U.S. GOVERNMENT PRINTING OFFICE
30-855 PDF WASHINGTON : 2007
---------------------------------------------------------------------
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
COMMITTEE ON HOMELAND SECURITY AND 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
TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware
LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota
ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey
PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas
JOHN W. WARNER, Virginia
Michael D. Bopp, Staff Director and Chief Counsel
Jennifer A. Hemingway, Professional Staff Member
David W. Cole, Professional Staff Member
Michael L. Alexander, Minority Staff Director
Adam R. Sedgewick, Minority Professional Staff Member
Jennifer L. Tyree, Minority Counsel, Oversight of Government
Management,
the Federal Workforce, and the District of Columbia Subcommittee
Trina Driessnack Tyrer, Chief Clerk
C O N T E N T S
------
Opening statements:
Page
Senator Voinovich............................................ 1
WITNESSES
Tuesday, July 11, 2006
Hon. Eleanor Holmes Norton, a Delegate to Congress from the
District of Columbia........................................... 1
Hon. Anna Blackburne-Rigsby to be Associate Judge, District of
Columbia Court of Appeals:
Testimony.................................................... 4
Prepared statement........................................... 13
Biographical and professional information.................... 16
Phyllis D. Thompson to be Associate Judge, District of Columbia
Court of Appeals:
Testimony.................................................... 6
Prepared statement........................................... 44
Biographical and professional information.................... 45
Jennifer M. Anderson to be Associate Judge, Superior Court of the
District of Columbia:
Testimony.................................................... 7
Prepared statement........................................... 64
Biographical and professional information.................... 66
APPENDIX
Post-hearing question for Ms. Anderson submitted by Senator
Lieberman...................................................... 86
Paul Strauss, a U.S. Senator (Shadow) from the District of
Columbia, prepared statement................................... 88
NOMINATIONS OF HON. ANNA BLACKBURNE-
RIGSBY, PHYLLIS D. THOMPSON, AND
JENNIFER M. ANDERSON
----------
TUESDAY, JULY 11, 2006
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:07 a.m., in
room 342, Dirksen Senate Office Building, Hon. George V.
Voinovich, presiding.
Present: Senator Voinovich.
OPENING STATEMENT OF SENATOR VOINOVICH
Senator Voinovich. Good morning and welcome. Today, the
Committee on Homeland Security and Governmental Affairs meets
to consider the nominations of Judge Anna Blackburne-Rigsby of
the D.C. Superior Court to be an Associate Judge of the
District of Columbia Court of Appeals, Phyllis Thompson to be
an Associate Judge of the District of Columbia Court of
Appeals, and Jennifer Anderson to be an Associate Judge of the
D.C. Superior Court.
I know it is an honor to be nominated to serve as a judge.
This profession carries the significant responsibility to
protect the rights and liberties of citizens, uphold and
interpret the law, and resolve disputes peacefully, fairly, and
effectively. I believe all the three nominees to be well-
qualified for the position to which they have been nominated. I
look forward to hearing from them today about their
qualifications for the bench and their reasons for pursuing
public service.
But before I do that, I would like to yield for an opening
statement from Delegate Eleanor Holmes Norton, my good friend
from the District of Columbia. Delegate Norton, we are very
happy to welcome you back to this Committee. You are very
conscientious in your responsibilities to the District, and we
look forward to hearing from you.
STATEMENT OF HON. ELEANOR HOLMES NORTON, A DELEGATE TO CONGRESS
FROM THE DISTRICT OF COLUMBIA
Ms. Norton. Thank you very much. Mr. Chairman, thank you,
on behalf of the District of Columbia, for the number of
matters that you are shepherding through for us, and I bring
you the gratitude of the people of the District of Columbia for
your work for us.
I have a great pleasure to introduce three very well-
qualified candidates today. I won't belabor their extraordinary
qualifications.
The first is Associate Judge Anna Blackburne-Rigsby,
already a Judge on the Superior Court of the District of
Columbia. She had very extensive experience leading to that
appointment in the Corporation Counsel's Office as Special
Counsel to the Corporation Counsel, as the Chief of its Family
Services Division. She went on to become a Magistrate Judge
before, and with the selection of this Committee, she became an
Associate Judge of the Superior Court. She has had extensive
work with the Bar, including Chair of the Washington Bar
Association Judicial Counsel, Nominating Chair of the
Association of Women Judges, and too many others to name. She
has been an Associate Judge of the Superior Court since 2000.
She is a graduate of the Howard University Law School,
where she was Articles Editor of the Howard Law Journal. She is
a native Washingtonian, though I knew her parents and I knew
her as a child in New York City when I lived there. She is very
well qualified to join our D.C. Court of Appeals, in my view,
and I strongly recommend her to you.
I am equally honored to recommend Phyllis D. Thompson to
the D.C. Court of Appeals. Ms. Thompson comes from law
practice, the first African-American woman to become a partner
in one of our major law firms, Covington and Burling. She has
been very active in our Bar, Vice Chair of the D.C. Court of
Appeals Committee on Bar Admissions, a Bar Examiner, and Vice
Chair of the D.C. Board of Appeals and Review. She has been a
member of the Board of Governors of the D.C. Bar and has been
involved in many other matters involving the Bar and civic
matters.
She has been an academic star, a graduate with high honors
from George Washington University Law School, Order of the
Coif, Notes Editor of the George Washington Law Review. She has
an M.A. in religion with a concentration in ethics. She is a
graduate, 1974, of George Washington University, class
valedictorian, Phi Beta Kappa, and also a native Washingtonian,
Mr. Chairman.
I am very pleased, as well, to introduce another
distinguished nominee, Jennifer M. Anderson. I am very pleased
to recommend her. Even though, Ms. Anderson, I think you may
not have had the good fortune to be born in the District of
Columbia, I think she was born in Baltimore. It is close
enough. [Laughter.]
But she has worked very extensively with us in our U.S.
Attorney's Office as the Chief of the Felony Section, Chief of
the Homicide-Major Crimes Section of the Third District, very
extensive experience there after coming from private practice,
where she worked in defense work in the civil context. She was
with Cadwalader and Wickersham here in Washington before coming
to the U.S. Attorney's Office.
She won many awards there for outstanding achievement, and
she comes highly recommended by her peers and the U.S.
Attorney. She is a graduate of Catholic University Law School
and Mount St. Mary's College in Maryland. I am pleased to
recommend her, as well as the other two nominees, to you and
hope that you will pass them on to the floor of the Senate in
due course.
Senator Voinovich. Thank you, Delegate Norton. We really
appreciate your being here today to introduce these outstanding
candidates for the judiciary. I understand that you have other
commitments. Thanks again for being here today.
Ms. Norton. Thank you.
Senator Voinovich. I understand that we have several judges
here, Judge Sullivan, who is Chairman of the D.C. Judicial
Nomination Commission. Judge Sullivan, would you stand up and
be recognized for being here. Chief Judge Washington of the
D.C. Court of Appeals. Judge, nice to see you again. Finally,
Chief Judge King of the D.C. Superior Court is here. It is very
nice that you are here today.
It is the custom of our Committee to have the witnesses
sworn in, so if you will stand, I am going to administer the
oath to you. Do you swear this testimony you are about to give
this Committee is the truth, the whole truth, and nothing but
the truth, so help you, God?
Judge Blackburne-Rigsby. I do.
Ms. Thompson. I do.
Ms. Anderson. I do.
Senator Voinovich. Thank you.
Judge Rigsby, I understand that you have family members
here today, as well as several of your colleagues. I would like
to give you an opportunity before you make your statement to
introduce your family and friends.
Judge Blackburne-Rigsby. Thank you, Mr. Chairman. It is a
pleasure to be here this morning with so many of my family
members, friends, and colleagues. With me today are my husband,
Judge Robert Rigsby; my son, Julian Christopher Rigsby; my
parents, Elmer and Laura Blackburne; my sister, Faith
Blackburne. I am also joined by several of my colleagues on the
Superior Court bench, Judge Zinora Mitchell-Rankin, Judge Erik
Christian, Judge Stephanie Duncan-Peters, and from the Court of
Appeals today, Judge Inez Smith Reid. I also have the privilege
of having with us today Lieutenant General Daniel James,
Retired, and Brigadier General Errol Schwartz from the D.C.
National Guard. And I am joined by many friends and
distinguished members of the Bar and colleagues who have
supported me over the years, and I am so pleased that they
could be here today.
Senator Voinovich. I know this is a special time for them.
You have been sitting on one bench and you are now being
appointed to another bench. I am sure that for all of our
nominees this is a milestone in your respective careers and a
special time for your families.
Judge Blackburne-Rigsby. Thank you.
Senator Voinovich. If you would like to proceed with your
statement.
TESTIMONY OF HON. ANNA BLACKBURNE-RIGSBY,\1\ TO BE ASSOCIATE
JUDGE, DISTRICT OF COLUMBIA COURT OF APPEALS
Judge Blackburne-Rigsby. Thank you, Mr. Chairman and
Members of the Committee and Committee staff members. I am
honored to appear before you today. I am grateful and deeply
humbled by President Bush's nomination of me to serve as a
Judge on the District of Columbia Court of Appeals.
---------------------------------------------------------------------------
\1\ The prepared statement of Judge Blackburne-Rigsby appears in
the Appendix on page 13.
---------------------------------------------------------------------------
I would like to express my sincere gratitude for the
introduction by Delegate Eleanor Holmes Norton and for her
support of my nomination to this honorable position. I am also
honored by the presence of Chief Judge Eric Washington of the
District of Columbia Court of Appeals, Chief Judge Rufus King
of the Superior Court of the District of Columbia, and Judge
Emmet Sullivan of the U.S. District Court for the District of
Columbia, the Chair of the District of Columbia Judicial
Nomination Commission.
I would like to take this opportunity again to just say how
much the support of my family has meant to me throughout this
process. I am grateful to my husband, Judge Robert Rigsby, for
his undying love and support and patience. I am grateful to my
son, Julian Christopher Rigsby, and so proud of him and all of
his accomplishments.
I want to say a special thank you to my parents, Elmer and
Laura Blackburne, who have been role models to me throughout my
life. Their commitment to this country and to community service
throughout my childhood and to this day has been a role model
for me. And my sisters, Dr. Rose Blackburne, who was not able
to be here today, and Faith Blackburne, have been a support and
source of love to me.
As I mentioned, I have the privilege of being joined by
many friends, family members, judicial colleagues, and other
distinguished guests, and without all of their support over the
years, I would not be before you today. With your permission,
Mr. Chairman, I would just like to ask them to stand and be
recognized once again, if I might.
Senator Voinovich. Fine.
Judge Blackburne-Rigsby. I have a number of family members
and friends, and they are being shy now, but I would just like
for them to stand. It means so much to me that they could be
here with me.
Senator Voinovich. You certainly brought a great support
group with you today.
Judge Blackburne-Rigsby. Thank you, Mr. Chairman.
Senator Voinovich. Thank you all for being here.
Judge Blackburne-Rigsby. I was fortunate that my parents
encouraged my early involvement in the church, political, and
civic activities. Their encouragement ingrained in me a deep
commitment to the rule of law and social justice, which has
been a driving force in both my personal and professional
development. My parents' influence impressed upon me the
importance of education, excellence, and public service, which
led me to pursue undergraduate work at Duke University and law
school at Howard University. My husband, a decorated U.S. Army
officer, and I have dedicated our lives to serving our country
and the citizens of the District of Columbia. My commitment to
public service has been evidenced through my work with the Bar
and within the community.
After graduating from law school, I entered private
practice at the law firm of Hogan and Hartson here in
Washington, DC, and gained invaluable professional training
from the perspective of a large law firm. My appreciation for
our system of justice was further expanded when I left the
private sector to join the Office of the Attorney General of
the District of Columbia, formerly the Office of Corporation
Counsel, where I gained unique insights into the importance of
law in the public sector. Working in the public sector
instilled in me a sense of justice and compassion for my
community that further inspired my commitment to public
service.
In 1995, I was appointed to serve as a Magistrate Judge on
the Superior Court of the District of Columbia, and as a
Magistrate Judge, I became intimately familiar with the
litigants and issues brought before the Superior Court of the
District of Columbia.
In 2000, I had the honor of appearing before you, Mr.
Chairman, and this Committee and was later confirmed to the
position I now hold on the Superior Court of the District of
Columbia. As an Associate Judge, I have presided over calenders
in the Criminal, Civil, and Family Divisions of our court and I
have strived to provide thoughtful and scholarly decisions for
the benefit of the parties appearing before me. This
experience, I believe, would allow me to bring valuable insight
to the appellate process.
My love of the law has inspired me to seek teaching
opportunities, as well, and I had the opportunity and privilege
to teach a trial advocacy workshop at the Harvard Law School
and served as an adjunct professor at the David A. Clarke
School of Law, where I taught professional responsibility.
Being an Associate Judge requires an individual commitment
to fairness and the diligent pursuit of justice. Being an
effective Appellate Judge brings with it the additional
obligation to work with colleagues to ensure the uniformity of
the law and its equal application to all. I believe that my
diverse legal background along with my experience as a
Magistrate Judge and an Associate Judge of the Superior Court
of the District of Columbia have prepared me to make a valuable
contribution to the District of Columbia Court of Appeals, if
confirmed.
The President has nominated me to take the seat being
vacated by Judge Frank Schwelb. I would like to note that I had
the privilege of sitting by designation with Judge Schwelb. I
admire and greatly respect all of the judges of the District of
Columbia Court of Appeals. Should I be confirmed, I hope to
serve as ably as the judges currently serving on the court.
Thank you, Mr. Chairman and Members of the Committee, for
this opportunity to appear before you, and I would be pleased
to answer any questions.
Senator Voinovich. Thank you, Judge Rigsby. Ms. Thompson.
TESTIMONY OF PHYLLIS D. THOMPSON,\1\ TO BE ASSOCIATE JUDGE,
DISTRICT OF COLUMBIA COURT OF APPEALS
Ms. Thompson. Good morning, Mr. Chairman. Thank you for the
opportunity to introduce my family members and friends who are
here today. With me today are my daughters, Emily Famutimi and
Elinor Famutimi. They are here, and I hope they will stand.
Emily just graduated from the Harvard Law School and is
studying for the Bar, and it is a great sacrifice that she has
made coming today. I appreciate it. [Laughter.]
---------------------------------------------------------------------------
\1\ The prepared statement of Ms. Thompson appears in the Appendix
on page 44.
---------------------------------------------------------------------------
Senator Voinovich. You bet it is.
Ms. Thompson. Elinor is a student at New York University,
and I am very proud of both of them.
I also have with me my brother, the Reverend Wayne
Thompson, my sister, the Reverend Wanda Thompson, my cousin,
Emma Johnson, and our very close family friend, the Reverend
Roy Settles.
Senator Voinovich. Welcome.
Ms. Thompson. I also have with me here today my law
partners and friends, Carolyn Corwin, Joanne Grossman, and
Thomas Williamson, and I thank them very much for coming today.
I hope they will stand, as well. And also my very able
assistant, Karen Baxter, whom I haven't seen but I think is in
the room.
Senator Voinovich. She is back there.
Ms. Thompson. And I would also like to acknowledge the
presence of the Hon. Emmet Sullivan, who is the Chair of the
D.C. Judicial Nomination Commission, who has worked so hard to
identify judicial nominees. I appreciate him being here today.
Also here is Dean Alfreda Robinson from the National Bar
Association, and I appreciate her coming today, as well.
Senator Voinovich. I want to thank all of you for being
here today. Judge Sullivan, we appreciate all the hard work
that you do. I am very much impressed by the candidates that
have come before this Committee. Thank you.
Ms. Thompson. Shall I proceed with my opening statement,
Mr. Chairman?
Senator Voinovich. You should proceed, yes.
Ms. Thompson. Thank you. I am grateful for this opportunity
to appear before the Committee today. I want to thank President
Bush for having nominated me to serve on the District of
Columbia Court of Appeals. I am deeply honored to have been
selected for this high position.
I also thank the Committee for holding this hearing today
during this very busy period and thank Representative Norton
for her kind introduction. The Committee staff have been
extremely helpful to all of us in navigating the confirmation
process, and I know that they have worked diligently in
collecting and reviewing and helping the Senators to review the
information pertinent to the Committee's consideration of my
nomination. I very much appreciate their work, and I want
particularly to thank Ms. Jennifer Hemingway for her kind
assistance and courtesy.
Let me also express my gratitude to my family for their
constant love and support, and especially to my mother, Juanita
Thompson, who was unable to be here today but who has supported
me all my life and made this possible for me.
A big thank you to my professional colleagues, especially
my colleagues at the law firm of Covington and Burling, from
whom I have learned so much over the course of my career, for
making it possible for me to do the array of work that has
helped to prepare me for the position for which I have been
nominated.
And my thanks also to the D.C. Judicial Nomination
Commission for the tremendous time and hard work that they
devote to identifying candidates for judicial positions in the
District and for their confidence in me.
I would also like to say thank you to Chief Judge
Washington and to the other judges on the D.C. Court of Appeals
who, one by one, have sent me kind messages of support and
encouragement since my nomination. I feel quite privileged at
the possibility of joining such a fine group of judges.
I would welcome the opportunity, Mr. Chairman, to be a
public servant for my native District of Columbia by serving as
a Judge on the D.C. Court of Appeals. I pledge that, if
confirmed, I will apply my skills energetically and diligently
to help advance the work of the court. I also pledge that, if
confirmed, I will treat all litigants with courtesy, respect,
and fairness and that I will approach all matters with the
impartiality and thoughtful deliberation that are necessary to
maintain the public's faith in and respect for this high
institution.
Thank you again for the chance to be here today and for
your consideration of my nomination. I welcome any questions
that the Committee may have, and I will do my best to answer
them. Thank you.
Senator Voinovich. Thank you very much. Ms. Anderson, would
you like to introduce your friends and family?
TESTIMONY OF JENNIFER M. ANDERSON,\1\ TO BE ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Ms. Anderson. Thank you, Mr. Chairman. I am honored today
to have my parents, Frank and Brid Anderson; my sisters,
Colleen and Noreen; and my brother, Dermot, his wife, Karen,
and their daughter, Lena. If they could stand. Lena was hoping
that she would get to see President Bush today.
---------------------------------------------------------------------------
\1\ The prepared statement of Ms. Anderson appears in the Appendix
on page 64.
---------------------------------------------------------------------------
Senator Voinovich. Sorry, he is not coming. [Laughter.]
Ms. Anderson. Hope springs eternal.
I am also honored to be joined today by the U.S. Attorney
for the District of Columbia, Ken Wainstein, who has been very
supportive to me during this process, and I would like to
recognize him and my longtime friend and colleague from the
U.S. Attorney's Office, Mary Pat Brown.
I would also like to recognize a number of my friends and
colleagues from the U.S. Attorney's Office and the Metropolitan
Police Department and the FBI who have come here today to
support me. They are all individuals that I have worked with
over the past 15 years during my tenure at the U.S. Attorney's
Office, and in particular in the last 10 years while I have
been doing homicides and have been very helpful and supportive
to me during that time.
Senator Voinovich. Thank you all for being here.
Ms. Anderson. It is a great honor to appear before you
today, Senator, and I wish to thank Delegate Holmes Norton for
her very kind remarks.
More than 35 years ago, my parents packed up their five
children and moved 3,000 miles across the ocean from Dublin,
Ireland. They did so because they wanted to provide their
children with the opportunities that they themselves did not
have and which they believed existed in this country. In
looking back, that move was not an easy one, and I think my
parents made many sacrifices so that their children could have
a better life.
I clearly have benefitted from those sacrifices, and it is
somewhat amazing to find myself sitting before you today,
having been nominated by the President of the United States for
an Associate Judge of the Superior Court of the District of
Columbia. I would like to thank President Bush for giving me
what I see as a wonderful opportunity by nominating me for this
position.
Having practiced criminal law for the last 15 years in the
Superior Court, I have a great affinity for the court, and I
hope that I can make a substantial contribution if I am
fortunate enough to be confirmed.
I would like to thank the Senate staff of the Committee on
Homeland Security and Governmental Affairs for their work, and
in particular, I, too, would like to recognize Jennifer
Hemingway, who has been very helpful and very gracious to me
during this process. I would also like to thank White House
Counsel John Smith, who is present today and who has also been
very helpful.
It is a great honor to be here. Having litigated for the
last 15 years, I recognize the worth of brevity and so I would
wrap up my remarks saying that I am happy to be here and happy
to answer any questions that you have.
Senator Voinovich. Thank you very much.
There are three questions that the Committee asks all of
our nominees. I would like each of you to respond after I have
asked the question.
First, is there anything that you are aware of in your
background that might conflict or present a conflict of
interest with the duties of the office to which you have been
nominated?
Judge Blackburne-Rigsby. No, Mr. Chairman.
Ms. Thompson. No, Mr. Chairman.
Ms. Anderson. No, Mr. Chairman.
Senator Voinovich. Do you know of any reason, personal or
otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Judge Blackburne-Rigsby. No, Mr. Chairman, I do not.
Ms. Thompson. No, Mr. Chairman, I do not.
Ms. Anderson. No, Mr. Chairman.
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?
Judge Blackburne-Rigsby. No, Mr. Chairman.
Ms. Thompson. No, Mr. Chairman.
Ms. Anderson. No, Mr. Chairman.
Senator Voinovich. I would be very interested in knowing
how you became aware of this judgeship. Ms. Rigsby, you are on
the Superior Court and have experience, but was there an
opening published and you indicated you were interested, or how
did it work? I mean, you are on the inside. Maybe that is why
you have so many people here today. [Laughter.]
Judge Blackburne-Rigsby. When there is a vacancy created on
either the Court of Appeals for the District of Columbia or the
Superior Court, the Judicial Nominations Commission publishes
an announcement in a number of the local legal publications.
But the court is a close-knit community, both the Associate
Judges on the Superior Court and on the Court of Appeals, and
many of them are colleagues and have been friends for many
years working together. I was encouraged by some of my
colleagues to consider applying for the Court of Appeals.
Senator Voinovich. Judge Blackburne-Rigsby, why are you
interested in serving on the Court of Appeals? You are going to
be moving out of the trial court and going to appeals. What
particularly was the main reason for making this change?
Judge Blackburne-Rigsby. Thank you for that question, Mr.
Chairman, because I have given it a lot of thought. I served at
the Superior Court level for 10 years, 5 years as a magistrate
and the last 5 years as an Associate Judge, and I have loved
the trial court. But I also enjoy and have taken many
opportunities to write opinions as a trial court judge, and I
enjoy that process. The opportunity to serve on the Court of
Appeals, which is our highest court, and makes--and interprets
the law--not makes the law, that is your job, Mr. Chairman--
interprets the law----
Senator Voinovich. I hope that is the way you see it.
[Laughter.]
Judge Blackburne-Rigsby [continuing]. For the District of
Columbia, and has oversight over our Bar, which is a
distinguished Bar, is an opportunity that I would welcome and
be honored to serve in that capacity, if confirmed.
Senator Voinovich. In other words, you have had the
experience on the trial level and have enjoyed writing opinions
and believe that is where you could make a better contribution
than perhaps you are making right now?
Judge Blackburne-Rigsby. I think so, and I believe that the
experience at the trial court level would allow me to bring an
important perspective to the appellate process, having seen it
at both levels of the trial court. The magistrate judges here
dispose of many cases that never reach the Associate Judges on
the Superior Court, and so having had both of those
perspectives, I think, would allow me to bring some unique
insights into the appellate process.
Senator Voinovich. Ms. Thompson, you have been associated
with a distinguished law firm here in town and became a
partner. I suspect that you are making a lot more money than
you are going to make. [Laughter.]
But you have had no judicial experience. Why is it that you
feel you want to serve on the Court of Appeals.
Ms. Thompson. Thank you for that question, Senator. I do
very much want to do this job. I have always thought throughout
my career----
Senator Voinovich. And you noticed the publication and then
you submitted an application.
Ms. Thompson. That is correct. I actually saw a notice in
the Daily Washington Law Reporter, I believe, a few years ago
when I first applied for a position. What caused me to do it,
frankly, is that I had been working for a body known as the
D.C. Board of Appeals and Review. This was a volunteer body
that functioned as a sort of intermediate level court of
appeals for the District. The members were appointed by the
Mayor, and we heard appeals from a variety of decisions by
administrative law judges in the city and various civil
infraction-type cases, and we also conducted hearings in a
number of matters such as licensing matters. In that capacity--
I was Vice Chair of the Board of Appeals and Review--I wrote
many appellate----
Senator Voinovich. Was this pro bono?
Ms. Thompson. It was, and that is in part why I thanked the
members of my law firm, my professional colleagues, for giving
me that opportunity because I did do it as pro bono work. I
spent many hours doing it, and I wrote many appellate-type
opinions, and I realized that I finally knew what I wanted to
do when I grew up, actually---- [Laughter.]
Ms. Thompson [continuing]. Because I enjoyed doing it so
much. I think that is actually my greatest strength as a
lawyer, the ability to analyze and read and write and do
written analysis and the kinds of opinions that appellate
judges write. And I had always wanted sometime during the
course of my career to do government service for my native
District of Columbia, and those things came together, and I did
suddenly know what I wanted to do.
Throughout my career at Covington and Burling, I have done
work for State Government agencies, and in many respects, I
have always felt like I was working for local government and
enjoyed it very much. But in this capacity, I could really do
that.
And you are right. I will take a pay cut, but I am willing
to do it.
Senator Voinovich. Ms. Anderson, you have had extensive
experience in the U.S. Attorney's Office. What is it that makes
the Superior Court attractive to you?
Ms. Anderson. Well, I think that----
Senator Voinovich. Did you want to be a Judge when you
started your legal career?
Ms. Anderson. No, Senator. Actually, when--I came to the
U.S. Attorney's Office from a large law firm and, I think like
many people, planned to get some good solid trial experience
and then go back to my very well-paying law firm job and found
instead that I absolutely loved the U.S. Attorney's Office job
and kind of loved the satisfaction of working in public
service. And so instead of staying there the 3 or 4 years that
I thought I would be, it has been 15\1/2\ years.
I have, over the years, realized that is where I wanted to
spend my time in public service, and I believe that my time at
the U.S. Attorney's Office--I have done a wide range of crimes
from the most simple to the last 10 years where I have really
been focused on the most serious local crime, that of
homicides--has given me a kind of a great insight into the city
and into the court.
Senator Voinovich. So you spend a lot of time in the court?
Ms. Anderson. Yes, I do, and I still try--I have been a
supervisor for the last 5 years, but I still try cases. I have
tried two homicide cases this year. So I think I have a very
good sense of the court and what an impact that the court can
make in many different ways, and I think the impact that one
can make as a Judge is far greater than the impact that you can
make as a prosecutor or a defense lawyer, and so that is why I
applied.
Senator Voinovich. Over the years you have had a chance to
experience many different judges, haven't you----
Ms. Anderson. I have, Senator.
Senator Voinovich [continuing]. At the Superior Court. I am
not trying to put you on the spot, but---- [Laughter.]
What particular attributes do you hold high in terms of the
judges that you have had to appear before? What are the things
that really stand out that you have thought to yourself, if I
ever get a chance to sit there, I am going to do that?
Ms. Anderson. I have actually given a lot of thought to
that question, Mr. Chairman, and I have had the opportunity to
appear in Superior Court in front of a wide range of judges,
and also in the U.S. District Court. I think, predominately, it
is important that a Judge be fair, that it be very clear that
the Judge is evaluating the facts and making a decision based
on the facts and the applicable law. I also think that it is
critical that a Judge have a good demeanor, I think which can
be very difficult sometimes in Superior Court because it is a
very tough environment and it doesn't always run smoothly. But
I think it is critical that a Judge treat the parties with
respect and dignity.
And I also think that it is very important that a good
Judge in Superior Court is a good case manager because the
crush of cases in that court, as I am sure you know, is very
high, and I think the good judges are ones who keep the
parties' feet to the fire, recognize the need for continuances,
if necessary, but also recognize stalling when they see it on
either side and push forward and quickly decide issues.
I also think that it is critical that a good Judge be
decisive and hopefully know the law. I think my experience with
the U.S. Attorney's Office gives me a very good grounding in
criminal law in particular. But I do think that as a litigant,
I love to appear in front of a Judge that can rule quickly.
Senator Voinovich. Thank you. I suspect that your immigrant
parents are very proud of you.
Ms. Anderson. They most certainly are, Mr. Chairman.
Senator Voinovich. I suspect they also encouraged you to
work hard in school.
Ms. Anderson. Yes. I think they believed--I think they
raised all of us children with a very good work ethic, and I
think we all felt growing up that we had been given this
wonderful opportunity, that they had made a lot of sacrifices
to come to this country. I think when you are smaller, you
don't have any sense of appreciation of that, but as you grow
older and the idea of picking up your roots and moving, and we
had no family in this country to speak of, I think as you get
older, you appreciate that, and I very much appreciate what
they did.
Senator Voinovich. It is an amazing thing. All of you in
your own rights have stories to say what a wonderful country we
have. My grandparents on both sides were born overseas. My
father was an orphan, so I never did get to know his parents,
but I did get to know my mother's parents. So often when I
leave the Senate and walk down the steps--I like to walk up and
down those steps to the Senate. It is like going up to an
altar. [Laughter.]
But when I come down, I look up at Freedom, and I pinch
myself to think what a great country we live in. This is
terrific.
So I congratulate all of you on your respective careers.
You are all distinguished individuals and should feel very
proud of what you have accomplished. All of you, I know, could
make more money in the private sector than you can in public
service, but I think that the opportunity to make a difference
in other people's lives is something very important. You can't
be compensated for that. That is part of the thing I have
enjoyed about my career in government. Next year, it will be 40
years for me. So I thank you for being willing to serve the
District and to serve your country.
We will do everything that we can to move your nominations
along.
I have really enjoyed listening to you today.
Judge Blackburne-Rigsby. Thank you, Mr. Chairman.
Ms. Thompson. Thank you, Mr. Chairman.
Ms. Anderson. Thank you.
Senator Voinovich. Thank you very much. This hearing is
adjourned.
[Whereupon, at 10:45 a.m., the Committee was adjourned.]
A P P E N D I X
----------
[GRAPHIC] [TIFF OMITTED] 30855.001
[GRAPHIC] [TIFF OMITTED] 30855.002
[GRAPHIC] [TIFF OMITTED] 30855.003
[GRAPHIC] [TIFF OMITTED] 30855.004
[GRAPHIC] [TIFF OMITTED] 30855.005
[GRAPHIC] [TIFF OMITTED] 30855.006
[GRAPHIC] [TIFF OMITTED] 30855.007
[GRAPHIC] [TIFF OMITTED] 30855.008
[GRAPHIC] [TIFF OMITTED] 30855.009
[GRAPHIC] [TIFF OMITTED] 30855.010
[GRAPHIC] [TIFF OMITTED] 30855.011
[GRAPHIC] [TIFF OMITTED] 30855.012
[GRAPHIC] [TIFF OMITTED] 30855.013
[GRAPHIC] [TIFF OMITTED] 30855.014
[GRAPHIC] [TIFF OMITTED] 30855.015
[GRAPHIC] [TIFF OMITTED] 30855.016
[GRAPHIC] [TIFF OMITTED] 30855.017
[GRAPHIC] [TIFF OMITTED] 30855.018
[GRAPHIC] [TIFF OMITTED] 30855.019
[GRAPHIC] [TIFF OMITTED] 30855.020
[GRAPHIC] [TIFF OMITTED] 30855.021
[GRAPHIC] [TIFF OMITTED] 30855.022
[GRAPHIC] [TIFF OMITTED] 30855.023
[GRAPHIC] [TIFF OMITTED] 30855.024
[GRAPHIC] [TIFF OMITTED] 30855.025
[GRAPHIC] [TIFF OMITTED] 30855.026
[GRAPHIC] [TIFF OMITTED] 30855.027
[GRAPHIC] [TIFF OMITTED] 30855.028
[GRAPHIC] [TIFF OMITTED] 30855.029
[GRAPHIC] [TIFF OMITTED] 30855.030
[GRAPHIC] [TIFF OMITTED] 30855.031
[GRAPHIC] [TIFF OMITTED] 30855.032
[GRAPHIC] [TIFF OMITTED] 30855.033
[GRAPHIC] [TIFF OMITTED] 30855.034
[GRAPHIC] [TIFF OMITTED] 30855.035
[GRAPHIC] [TIFF OMITTED] 30855.036
[GRAPHIC] [TIFF OMITTED] 30855.037
[GRAPHIC] [TIFF OMITTED] 30855.038
[GRAPHIC] [TIFF OMITTED] 30855.039
[GRAPHIC] [TIFF OMITTED] 30855.040
[GRAPHIC] [TIFF OMITTED] 30855.041
[GRAPHIC] [TIFF OMITTED] 30855.042
[GRAPHIC] [TIFF OMITTED] 30855.043
[GRAPHIC] [TIFF OMITTED] 30855.044
[GRAPHIC] [TIFF OMITTED] 30855.045
[GRAPHIC] [TIFF OMITTED] 30855.046
[GRAPHIC] [TIFF OMITTED] 30855.047
[GRAPHIC] [TIFF OMITTED] 30855.048
[GRAPHIC] [TIFF OMITTED] 30855.049
[GRAPHIC] [TIFF OMITTED] 30855.050
[GRAPHIC] [TIFF OMITTED] 30855.051
[GRAPHIC] [TIFF OMITTED] 30855.052
[GRAPHIC] [TIFF OMITTED] 30855.053
[GRAPHIC] [TIFF OMITTED] 30855.054
[GRAPHIC] [TIFF OMITTED] 30855.055
[GRAPHIC] [TIFF OMITTED] 30855.056
[GRAPHIC] [TIFF OMITTED] 30855.057
[GRAPHIC] [TIFF OMITTED] 30855.058
[GRAPHIC] [TIFF OMITTED] 30855.059
[GRAPHIC] [TIFF OMITTED] 30855.060
[GRAPHIC] [TIFF OMITTED] 30855.061
[GRAPHIC] [TIFF OMITTED] 30855.062
[GRAPHIC] [TIFF OMITTED] 30855.063
[GRAPHIC] [TIFF OMITTED] 30855.064
[GRAPHIC] [TIFF OMITTED] 30855.065
[GRAPHIC] [TIFF OMITTED] 30855.066
[GRAPHIC] [TIFF OMITTED] 30855.067
[GRAPHIC] [TIFF OMITTED] 30855.068
[GRAPHIC] [TIFF OMITTED] 30855.069
[GRAPHIC] [TIFF OMITTED] 30855.070
[GRAPHIC] [TIFF OMITTED] 30855.071
[GRAPHIC] [TIFF OMITTED] 30855.072
[GRAPHIC] [TIFF OMITTED] 30855.073
[GRAPHIC] [TIFF OMITTED] 30855.074
[GRAPHIC] [TIFF OMITTED] 30855.075
[GRAPHIC] [TIFF OMITTED] 30855.076
[GRAPHIC] [TIFF OMITTED] 30855.077
[GRAPHIC] [TIFF OMITTED] 30855.078