[Senate Hearing 110-966]
[From the U.S. Government Publishing Office]
S. Hrg. 110-966
NOMINATIONS OF CAROL A. DALTON, ANTHONY C. EPSTEIN, AND HEIDI M.
PASICHOW
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
SECOND SESSION
ON THE
NOMINATIONS OF CAROL A. DALTON, ANTHONY C. EPSTEIN, AND HEIDI M.
PASICHOW TO BE ASSOCIATE JUDGES OF THE SUPERIOR COURT OF THE DISTRICT
OF COLUMBIA
__________
JULY 23, 2008
__________
Available via http://www.gpoaccess.gov/congress/index.html
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma
BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia
JON TESTER, Montana JOHN E. SUNUNU, New Hampshire
Michael L. Alexander, Staff Director
Kristine V. Lam, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Jennifer L. Tarr, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
Patricia R. Hogan, Publications Clerk and GPO Detailee
Laura W. Kilbride, Hearing Clerk
C O N T E N T S
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Opening statements:
Page
Senator Akaka................................................ 1
Senator Voinovich............................................ 3
WITNESSES
Wednesday, July 23, 2008
Hon. Eleanor Holmes Norton, Delegate of the District of Columbia,
U.S. House of Representatives.................................. 2
Carol A. Dalton to be Associate Judge, Superior Court of the
District of Columbia........................................... 6
Anthony C. Epstein to be Associate Judge, Superior Court of the
District of Columbia........................................... 6
Heidi M. Pasichow to be Associate Judge, Superior Court of the
District of Columbia........................................... 7
Alphabetical List of Witnesses
Dalton, Carol A.:
Testimony.................................................... 6
Biographical and professional information.................... 15
Responses to post-hearing questions.......................... 84
Epstein, Anthony C.:
Testimony.................................................... 6
Biographical and professional information.................... 46
Responses to post-hearing questions.......................... 88
Norton, Hon. Eleanor Holmes:
Testimony.................................................... 2
Pasichow, Heidi M.:
Testimony.................................................... 7
Prepared statement........................................... 60
Biographical and professional information.................... 62
Responses to post-hearing questions.......................... 89
NOMINATIONS OF CAROL A. DALTON,
ANTHONY C. EPSTEIN, AND
HEIDI M. PASICHOW
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WEDNESDAY, JULY 23, 2008
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:37 p.m., in
room SD-342, Dirksen Senate Office Building, Hon. Daniel K.
Akaka, presiding.
Present: Senators Akaka and Voinovich.
OPENING STATEMENT OF SENATOR AKAKA
Senator Akaka. The Committee on Homeland Security and
Governmental Affairs will come to order.
I want to say good afternoon to our witnesses as well as
all of you who are present, and welcome our nominees along with
their family and friends to the Committee today. We are always
delighted to have the nominees' families present, and I want to
add my welcome to Peter Flynn, the husband of Judge Dalton;
Karen and Katherine Epstein; and to Betty and Milton Pasichow
who are here. Welcome to the hearing.
Today, the Committee on Homeland Security and Governmental
Affairs meets to consider the nominations of Carol Dalton,
Anthony Epstein, and Heidi Pasichow to be Associate Judges on
the District of Columbia Superior Court.
The nominees have an impressive range and depth of
experience. Judge Dalton has been a magistrate judge on the
Family Court of the D.C. Superior Court since 2002, and prior
to that she had considerable experience in family law and other
fields. Mr. Epstein has approximately 30 years of legal
experience in a variety of areas of law, and he is a partner at
the law firm Steptoe and Johnson. Ms. Pasichow has worked as a
prosecutor in the Office of the U.S. Attorney for more than 20
years, currently investigating and prosecuting cold cases in
the Homicide Section.
I am particularly glad to be holding this hearing today. It
had been delayed due to a technical error in the District of
Columbia Family Court Act. That Act increased the number of
judges for the D.C. Family Court, but failed to increase the
overall cap in D.C. Superior Court Judges. All of the
nominations before the Committee today have been pending for
quite some time because the Senate was unable to confirm
Superior Court nominees as judges retired.
This spring, Congress enacted legislation, S. 550, which I
introduced with my good friends Senator Voinovich and Senator
Lieberman. That Act increased the total number of D.C. Superior
Court judges to correct the problem, allowing us to move
forward on these nominations. The fact that each of you is
sitting here today suggests that you have the patience and
dedication to make a good judge.
I would like to yield for a statement from our friend and
Delegate of the District of Columbia, Eleanor Holmes Norton.
Delegate Norton has served in the U.S. House of Representatives
with distinction, and we are happy to welcome her to the
Committee. I know you have a very tight schedule, so we will
let you introduce the nominees and then resume our opening
statements and proceed with the hearing.
Delegate Norton.
TESTIMONY OF HON. ELEANOR HOLMES NORTON, DELEGATE OF THE
DISTRICT OF COLUMBIA, U.S. HOUSE OF REPRESENTATIVES
Ms. Norton. I thank you very much, Mr. Chairman, and I
thank you for your graciousness in observing the House schedule
as well. And I thank both of you--Senator Akaka and Senator
Voinovich--for the special and sensitive attention you have
paid to the District of Columbia, to observing its home rule
status, and essentially helping the District in so many ways as
its legislation has come before you, one of which you have just
cited, Mr. Chairman. And I particularly thank you for taking
time as we approach the end of the session--a very busy session
at that--to confirm judges so that we are not left with a very
busy court without a full complement of judges.
The bill you spoke about, Mr. Chairman, that returned the
court to the authorized number was very important for the
District. What it took to get it through the House meant that
for some time the District could not fill vacancies as Congress
always intended, and we are very grateful that these three
judges are before you now precisely because of that
legislation, which started here, actually, and then we were
able to get it through the House.
Let me thank you as well for the very important work you
did on the Family Court Division, which was a law that we got
through by the temporary reduction in judges to the Superior
Court, but which you have generously brought back to your
original intention all along.
Mr. Chairman, you and the Ranking Member have been well
briefed and have before you all of the background of these
judges. I will just in very summary fashion indicate by
introduction who they are.
In alphabetical order, Carol Dalton comes to you having
been a magistrate judge, Mr. Chairman, through the very bill
that enlarged the number of magistrates to the Family Court.
She has spent her entire career litigating matters involving
caretakers, children, abused children, indigent children, and
neglect cases. She is, it seems to me, tailor made for the
Family Court. As you know, that court requires some time spent,
some time for each of these judges to spend on Family Court
matters alone. She is a graduate of the George Washington
University and the New York Law School.
Anthony Epstein has strong litigation experience. He has
been an attorney with the Department of Justice Antitrust
Division. He has been a Special Assistant U.S. Attorney. His
distinguished career well prepared him to sit on our Superior
Court. He is a graduate of Yale Law School and Yale College,
summa cum laude, Phi Beta Kappa.
Finally, Heidi Pasichow is at present an Assistant U.S.
Attorney with the Homicide Section of that division. She knows
the city well, having litigated matters of the very kind that
are important before the Superior Court. She is a graduate of
the American University Law School and the George Washington
University with distinction, Phi Beta Kappa.
Let me thank you once again for your consideration of these
three nominees who, in my judgment, are well qualified to sit
on the court. And may I indicate that they were all three
chosen by a home rule process, by residents of the District of
Columbia. They are themselves residents of the District of
Columbia. I am fully satisfied with their qualifications, and I
am pleased and proud to recommend them to you for your
consideration.
Thank you, Mr. Chairman.
Senator Akaka. Thank you very much, Delegate Norton, and we
much appreciate your being here and your introducing the
nominees today. I understand that you have a busy schedule on
the other side of the Capitol, and I really appreciate your
coming all the way over here to introduce our nominees. So
thank you very much again.
I would like to now ask Senator Voinovich for his opening
statement.
OPENING STATEMENT OF SENATOR VOINOVICH
Senator Voinovich. Thank you, Senator Akaka. I want to
extend a welcome to the nominees appearing before us today. We
appreciate your time and your willingness to serve on the
District of Columbia Superior Court.
Judges have the significant responsibilities of protecting
citizens' rights and liberties, upholding and interpreting the
law, and equitably resolving disputes. I trust that, if
confirmed, each of you will fulfill these responsibilities with
honor, courage, and character befitting the court.
We have reviewed each of your background questionnaires,
and I believe all of you are well qualified to serve as an
Associate Judge for the Superior Court. I just wish that my own
Court of Common Pleas in Cuyahoga County, Ohio, had the
qualifications as you have here today. It is just amazing how
qualified the people are that are being asked to serve here.
The people of the District are very fortunate to have such
high-quality nominees for the bench.
I am not going to go over your resumes. We have already
done that. I look forward to hearing more about your experience
and your interest in pursuing public service. And, again, I
thank each of you for your willingness to serve. I would also
like to express my appreciation to your families. I know the
folks that are related to you are very proud that you are being
nominated for this court, and many of them have made great
sacrifices over the years so you could be where you are today.
And many of them will continue to make sacrifices as you carry
out your responsibilities on the court. And to them, to all of
you, welcome.
Senator Akaka. Thank you very much, Senator Voinovich.
All three nominees have filed responses to a biographical
and financial questionnaire, answered pre-hearing questions
submitted by the Committee, and had their financial statements
reviewed by the Office of Government Ethics. Without objection,
this information will be made part of the hearing record, with
the exception of the financial data, which are on file and
available for public inspection in the Committee office.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath. Therefore,
I ask each of you to please stand and raise your right hand. Do
you swear that the testimony you are about to give the
Committee is the truth, the whole truth, and nothing but the
truth, so help you, God?
Judge Dalton. I do.
Mr. Epstein. I do.
Ms. Pasichow. I do.
Senator Akaka. Thank you. Let the record note that the
witnesses answered in the affirmative.
As I mentioned earlier, each of you have family members
here with you today. I would like to give each of you the
opportunity to introduce them or any friends who are here today
to the Committee before we proceed with your statements. Judge
Dalton.
Judge Dalton. Thank you, Mr. Chairman, and I am thrilled
that my wonderful husband, as you mentioned is here, who has
been so supportive of me.
I am also honored that Judge Emmett Sullivan of the U.S.
District Court and the Chair of the Nominating Commission is
here.
I am joined by some of my colleagues who have inspired me
and supported me through this process. Judge Kramer is here,
whose spot I applied for. Judge Howze, Judge Irving, and Judge
McKenna are here, who have been so supportive to me.
I would also like to recognize my wonderful judicial
assistant Kelly Benson who, if I am confirmed, will be coming
with me as my assistant.
I also have some attorneys who have actually come before me
and have been my colleagues, so I guess I am doing OK. I have
Ms. Sharon Singh and Lawrence Spillan.
I would like to say that my mother, Ann Stephenson, and my
aunt Marge Kalita could not make it because of health reasons
due to age, nor could my brother, John Dalton, who is taking
care of them. But they are here with me in spirit and have been
very supportive. So thank you.
Senator Akaka. Thank you for that.
Mr. Epstein. I am here with my wife, Karen, who has been
also incredibly supportive to me, and my older daughter Kate,
who happens to be a graduate student at the Ohio State
University.
Senator Akaka. Welcome. Ms. Pasichow.
Ms. Pasichow. Thank you, Mr. Chairman and Senator
Voinovich. I am honored to appear here today. I would like to
acknowledge and thank your staff members for their diligence
and for their confidence in me during the process. I wish to
acknowledge and thank Congresswoman Eleanor Holmes Norton for
her introduction and support of my nomination to the Superior
Court for the District of Columbia.
Mr. Chairman, I would like to recognize my parents, Betty
and Milton Pasichow, whom you mentioned earlier and whom I am
so proud to have with me here today. I want to thank my older
brother Bill, who is not able to attend, but who, with my
parents, gave me confidence and compassion, qualities that have
come with encouragement and love. My parents guided me in the
tradition of their parents, my grandparents, who immigrated to
the United States, whom I was fortunate to know and who were
hard-working, generous, and respectful. They taught me by
example, and they are with me every day.
I want to say with gratitude and humility that I thank the
Chairman of the District of Columbia Judicial Nomination
Commission, Judge Emmett Sullivan, who is here today, and
members of his staff, members of the Nomination Commission who
supported my professional aspiration to become an associate
judge on the Superior Court, for the confidence they placed in
me by sending my name to the White House for consideration.
I want to thank the President of the United States for
nominating me for the position and acknowledge with gratitude
John Smith and Scott Coffina in the White House Counsel's
Office for their support.
I am honored by the presence and continuing guidance that I
receive from the staff of Chief Judge King's chambers. And I am
moved and gratefully acknowledge the presence of Judge Sylvia
Bacon, currently a law professor, who is here today, who was a
distinguished judge on the D.C. Superior Court and who took me
under her skilled and dedicated wing as her judicial law clerk
from 1983 to 1985.
The U.S. Attorney Jeffrey Taylor is here with us, who
supported my efforts to seek a judgeship and with whom I have
had the privilege of working; Glenn Kirschner, chief of the
Homicide Section, who gave me the opportunity to return to
Superior Court from the Criminal Division; and First Principal
U.S. Attorney Channing Phillips, whose counsel is unsurpassed
and whose tenure spanned generations of prosecutors and
numerous Presidential administrations. I would also like to
thank the judges who are here and before whom I appeared, who
have set the highest standards for civility and
professionalism.
I am trying to make this brief. I have one more little
section, and I apologize, but this day is so important to me,
and I want to make sure that the people who are here understand
how much I appreciate their support.
I also acknowledge with affection my dear colleagues from
the U.S. Attorney's Office, attorneys' support staff and victim
witness advocates who have supported efforts and who have
worked tirelessly with victims and witnesses to crimes, to my
colleagues on the defense bar, to my fellow faculty members at
the National Institute for Trial Advocacy. I am honored by the
presence of members of the Metropolitan Police Department,
including those detectives whose dedication to public service,
competence, and bravery provide a trusting hand to the
witnesses and victims of crime in our community. And I would
especially like to recognize Karen Evon, who is here today. Her
son was the victim of a violent shooting in a public market
over 15 years ago. She relied on the system to seek justice and
closure. Ms. Evon, like so many survivors of crime, has
inspired me by her courage and faith in the process.
In large measure due to the support and encouragement of
all the people I have mentioned, including my dear friends and
others who have joined me here today, I am humbled to be before
this Committee for its consideration of my nomination to the
D.C. Superior Court.
Thank you, Mr. Chairman.
Senator Akaka. I can see now the strong support each of you
have by your introductions of those who are here to witness
this hearing. And I want to thank you for having them here
today.
I look forward to hearing your testimony. Judge Dalton,
please proceed with your statement.
TESTIMONY OF CAROL A. DALTON TO BE ASSOCIATE JUDGE, SUPERIOR
COURT OF THE DISTRICT OF COLUMBIA
Judge Dalton. Yes, thank you, Mr. Chairman. I am honored to
testify before this Committee today. I would also like to thank
Congresswoman Eleanor Holmes Norton for coming and speaking on
our behalf.
I would also like to thank Judge Sullivan and his committee
for recommending me, and the President for nominating me.
I would also like to thank the White House staff, including
Scott Coffina, who has been wonderful through this process. It
has been 2\1/2\ years, so he has received a number of calls
from me. [Laughter.]
And he has been very kind, and the Committee staff members
as well have been absolutely wonderful and worked very
diligently. I was shocked during my meeting to see that they
read many of my orders, but they have been wonderful. And I
want to thank you for convening this at this very late time. It
has been my privilege to serve as a magistrate judge for 6
years, and I can honestly say that it has been the best
position that I have ever had. And I am still humbled by it.
So thank you for letting me be here, and one last thing. If
I forgot to thank Judge Irving for being here--I am not sure I
did, but he has been a very good friend as well.
Thank you.
Senator Akaka. Thank you very much. Mr. Epstein.
TESTIMONY OF ANTHONY C. EPSTEIN TO BE ASSOCIATE JUDGE, SUPERIOR
COURT OF THE DISTRICT OF COLUMBIA
Mr. Epstein. Thank you, Mr. Chairman. I join my fellow
witnesses in thanking you for giving us this hearing today. I
agree that the District is fortunate in having its judges
chosen through the nonpartisan process. I am grateful to Judge
Sullivan and the Judicial Nomination Commission for
recommending me to the White House and to the President for
nominating me. I appreciate the exemplary professionalism of
your staff throughout this phase of the process. And I want to
thank Delegate Norton for her kind and generous introduction.
I also would be remiss if I did not thank you two, Senator
Akaka and Senator Voinovich, along with Chairman Lieberman, for
your leadership in increasing the number of judges on the
Superior Court. As you said, we would not be here today if it
weren't for that. As the Committee noted in its report, it is a
hardship to be in limbo for as long as we were, and I am
grateful the process is coming to an end.
It would be an honor and a privilege and a dream come true
for me to serve as an associate judge on the Superior Court.
The court deals on a daily basis with some of the most serious
and difficult problems that the District of Columbia faces, and
it would be an honor to serve with some of the judges who are
here today on that court and try to resolve those cases on a
just and equitable basis.
Thank you.
Senator Akaka. Thank you very much.
And now I would like to call on Ms. Pasichow. If you have
given your statement, fine. Otherwise, you may proceed.
[Laughter.]
TESTIMONY OF HEIDI M. PASICHOW \1\ TO BE ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Ms. Pasichow. I joined the U.S. Attorney's Office and
experience firsthand each and every day how the judges strive
to provide access to the justice system to all litigants.
Outside of the courtroom, I participated in the Office's
citywide community prosecution effort and its unprecedented
outreach programs. What I knew before was greatly reinforced;
that is, if given the opportunity, I would make my life's work
the challenges and rewards of serving the District of Columbia
community. It is with profound respect for those on the bench
where I seek a position, that I would be honored and would
welcome the opportunity to continue my public service as an
associate judge on the Superior Court of the District of
Columbia.
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\1\ The prepared statement of Mr. Pasichow appears in the Appendix
on page 60.
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Thank you very much.
Senator Akaka. Well, thank you.
I will begin with the standard questions this Committee
asks of all nominees, and I would like each of you to answer
each question.
Is there anything 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?
Judge Dalton. No, Mr. Chairman.
Mr. Epstein. No, Mr. Chairman.
Ms. Pasichow. No, Mr. Chairman.
Senator Akaka. Do you know of anything, 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 Dalton. No, Mr. Chairman.
Mr. Epstein. No, Mr. Chairman.
Ms. Pasichow. No, sir.
Senator Akaka. Do you agree without reservation to respond
to any reasonable summons to appear and testify before any duly
constituted Committee of Congress if you are confirmed?
Judge Dalton. Yes, Mr. Chairman.
Mr. Epstein. Yes, Mr. Chairman.
Ms. Pasichow. Yes, Mr. Chairman.
Senator Akaka. Well, thank you very much for your answers
to that.
My first question is to Judge Dalton. You have practiced
family law for quite some time. If you are called upon to hear
cases outside the Family Court, how do you plan to overcome the
challenge of rapidly developing expertise in other areas of
law?
Judge Dalton. I think, Mr. Chairman, that there probably is
an opening in Family Court, but obviously, I serve at the will
of the chief judge, and if there weren't, I have a LL.M. in
tax. I have practiced some civil cases and some criminal cases.
I am an extremely diligent person, so I can promise you
that I would never take the bench without having read the
rules, the statute, and the case law.
I also am somewhat famous, as my judicial assistant could
tell you, for hiring what she calls ``The Firm.'' I have many
interns that work for me and I am constantly giving them
research assignments to keep me up to date.
The court also provides two mentors under a new program,
and so I would work with my mentors. And, also, I think my
litigation experience--and I have probably done 80 to 100
trials now and before I came to the bench, and so I think all
of that put together, I will welcome any challenges, and I can
assure you that I will serve with the knowledge that I need.
Senator Akaka. Thank you.
Mr. Epstein, you have an impressive background and a great
deal of legal experience but little recent trial experience and
experience in D.C. courts. Why did you decide to seek this
position? And why do you believe you will be good at it?
Mr. Epstein. I sought the position because this is my
community. This is the city where I live. I have a commitment
to it. You are correct that I haven't tried a lot of cases
recently here in Washington, although I should put in a good
word for the Court of Common Pleas in Canton, Ohio, where I had
a case that went on for some years, and the judge there was
absolutely terrific.
I think it would a wonderful challenge to help the court
deal with a very long and difficult docket. I have had a varied
experience on the criminal side, both as a prosecutor and as a
defense lawyer. And I have represented both plaintiffs and
defendants in civil cases and in courts that have basically the
same rules of procedure that the Superior Court does. I have
tried to use the waiting time I have had productively. When I
have had the chance, I have stopped by various courtrooms
around the courthouse here in the District, and I am happy to
say that what the lawyers and judges were doing all looked
familiar to me. And I feel confident that I could make an
effective contribution to the court if I were confirmed.
Senator Akaka. Well, thank you very much.
Ms. Pasichow, you have been a prosecutor for nearly--well,
I guess your entire career. As a judge hearing criminal cases,
you will have to maintain neutrality and adopt a presumption of
innocence. Do you feel confident that you will be able to
fulfill the judge's neutral role?
Ms. Pasichow. Yes, I do. And I will say that in that 22-
plus-year-period, because I actually first stepped into D.C.
Superior Court as a law student with the D.C. Law Students in
Court Program, I did have an opportunity to see throughout my
career at the U.S. Attorney's Office, each and every day in
each and every courtroom that I went into, how the judges
strive to provide justice--whether it is in the criminal
context, the civil context, landlord-tenant, the whole volume
of cases--in a full and fair manner. I believe that those
experiences in that courthouse have guided me. I am committed
to the characteristics that I have seen; that the courtrooms
are places that provide a safe and fair forum, and through the
mentorship that I have received through the judges, qualities
such as fairness, unbiased presiding over cases, and respect
for all litigants are really the qualities that I am committed
to bring to the court if confirmed. Fairness, particularly in
the criminal justice system, is a characteristic that I have
learned as an Assistant U.S. Attorney, both on the line and
also as a supervisor where I have had to balance many competing
interests and always ensure that the law is upheld.
Senator Akaka. Thank you. I have further questions that I
will ask in the second round.
I will call on Senator Voinovich for his questions.
Senator Voinovich. Thank you, Mr. Chairman.
Judge Dalton, you had a legal career in trust and estate
matters, and then you went over to Family Court. You have been
nominated for the Superior Court. How are the experiences that
you have had as a magistrate, do you think, relevant to the job
you are now seeking and have been nominated to?
Judge Dalton. Having served on the bench for 6 years, I
think I have grown as a judge. Obviously, with hindsight after
the first year when I looked back, I thought about how I had
changed. It was an awesome responsibility to make decisions
about families' lives, and I hope I have followed the code. I
have been independent. I have been unbiased. I have always
tried to keep my temperament at the appropriate level, and I
think most importantly also, pretty much everyone knows, and
the attorneys here could tell you, that I am very conscious, as
the code notes, of time, starting on time and ending on time,
so people, including the people that come into the court, can
get to their jobs or where they need to be.
I think the 6 years of hearing cases, the litigation
experience has prepared me for any further challenges.
Senator Voinovich. Mr. Epstein, following up on Senator
Akaka's question, from what I understand none of your cases
have gone to trial in the past 10 years. Of course, that is an
accomplishment. [Laughter.]
Given that fact, describe your knowledge of evidentiary
rules and trial and post-trial procedures. Will go through an
orientation period.
Mr. Epstein. Yes, the Court has a training program, a
training committee, which is----
Senator Voinovich. You have your old book on evidence, have
you?
Mr. Epstein. I got the standard handbook on the D.C. law of
evidence, Judge Graae's book on evidence. I have had the
interesting experience of serving for the last 3\1/2\ weeks on
a grand jury in the District of Columbia in the Superior Court,
and I have used our lunch breaks and morning and afternoon
breaks to review that. I don't want to say it is like riding a
bicycle. I need to refresh my recollection on some of the
rules, and there are some idiosyncracies of D.C. evidence law
and D.C. procedure that I need to become familiar with. And I
will do what I need to do to get up to speed.
Senator Voinovich. This may be a tough question. How would
you deal with an attorney that you do not think is doing the
job that he should be doing for the client?
Mr. Epstein. That is a hard question. I do not think there
is any single or simple answer to that question. Sometimes I
think some lawyers are just hopeless, not to put too fine a
point on it, and then sometimes the judge, to ensure that
justice is done, has to roll up his or her sleeves and do the
research that the lawyer should have done. I do not think the
sins of the lawyer should necessarily be visited on the client.
Sometimes I think a quiet word, perhaps off the record, to
a lawyer can be useful. Obviously, in extreme cases, if the
lawyer has really fallen down on the job and prejudiced his or
her client, then judges need to refer lawyers to the D.C. bar
counsel. There is also a procedure in place in criminal cases
for appointed lawyers that their performance is reviewed, and
obviously if I had a concern about a lawyer's performance, I
would want to call that to the attention of the judges who
oversee the Criminal Justice Act Panel.
Senator Voinovich. Good answer.
Ms. Pasichow, you have been a prosecutor, and one of the
things that bothered me when I practiced is that so often
people get on the bench and they lose their humility and,
sometimes, common sense. I am sure that you have had the
opportunity over the years to observe many judges. Could you
tell me the three characteristics that you think reflect the
best judges that you have had the privilege of dealing with?
Ms. Pasichow. Thank you for that question, Senator.
Respect, fairness, and an ability to make a decision: I think
those three characteristics trump many of the other ones that
are needed to be an effective and compassionate judge. But
those would be the three that I would put at the top of my
list.
Senator Voinovich. And I am sure you remember how some of
them treated you---- [Laughter.]
And the ones you liked better than others.
Ms. Pasichow. I must say, Senator, that, I was so inspired
by so many of the judges before whom I appeared throughout my
entire career. I would like to think that is one of the reasons
that I was so highly motivated to become a judge in that
courthouse.
Senator Voinovich. Well, again, the District is lucky to
have you. I have been on this Committee now for 10 years. The
quality of our Judicial nominees I have seen is just
outstanding, so you must have come in contact with some very
good people.
Ms. Pasichow. Yes, I did. Thank you.
Senator Voinovich. Thank you.
Senator Akaka. This question is to Judge Dalton and Ms.
Pasichow. I would like to hear from both of you on the issue
that I asked Mr. Epstein about why do you want to serve as a
Superior Court judge? And what particular strengths do you
believe you will bring to the bench? Judge Dalton.
Judge Dalton. Mr. Chairman, having served for 6 years as a
magistrate judge, as I said, I think it has been the best
position of my career. I have had the ability to make
decisions, hopefully helping families. I am constantly humbled
by that opportunity.
If I am confirmed, I think that serving as an associate
judge would help me to grow as a judge, help me to meet new
challenges and serve in different areas of the court that I
could not serve on now. For instance, even if I stayed in
Family Court, I cannot do juvenile trials now, or I cannot do
mental health cases. So I believe that to grow as a judge, if I
am confirmed, that would be very helpful to me.
I think for the past 6 years what I have learned as a judge
that is important is to treat everyone that comes before me
with respect. Even having seen some of the most heinous abuse
of children, having sat on the bench, I have seen the abusers
and realized that they are human beings, albeit fragmented and
fragile human beings. And so I have learned to treat everyone
with respect. I am still humble about the job that I have, and
so I think there is no fear that I will ever not take it
seriously or be honored by it.
Senator Akaka. Ms. Pasichow.
Ms. Pasichow. Chairman thank you for the question. I would
like to, if confirmed, further my public service beyond the
criminal justice system to all litigants who would be before a
court for which I have, as I indicated, so much respect. I
actually feel like I grew up there in the courthouse and have
been in and out of that courthouse over the past 24-plus years,
and have been able to not just be a passive observer, but a
real participant in a process that I truly believe in, whether
it is the criminal justice system or the civil process. But I
have seen the court at work, and throughout that time I have
also seen the court's progress in providing access to the court
system, education to the community, programs such as the
community courts. I think Judge Kramer is here--she was
earlier--who went out into the community--I am very committed
to the community, and I think those types of programs are
programs that I would like to participate in so that the
community understands that there is actual access to justice.
And then once inside the courtroom, I agree with Judge Dalton
that an environment of respect and balanced judgment would
weigh in favor of people leaving the courthouse feeling like
they have been able to express their views and feel a sense of
closure.
I hope that I would be informed by all of the experience I
have had in that courthouse and bring that experience to the
court.
Senator Akaka. Thank you.
I would like to ask this question to all three of you, and
I would like to hear what you see as the biggest challenge that
you will face as a Superior Court judge. And how do you plan to
address that challenge? Judge Dalton.
Judge Dalton. Mr. Chairman, thank you for the question. I
think there are many challenges that I will face as a judge.
One of the biggest challenges is something that I think Chief
Judge Rufus King keeps reminding us of: Justice delayed is
justice denied. And so with a heavy volume of cases, the
pressure is now on the court for us to issue our findings
within a day, if we can, of trial. So that would be one of the
challenges that I face, is to timely issue my findings.
I think that there are a number of changes that the court
has made over the years with our Family Court Act, and we are
in the second phase of our strategic plan. And under the aegis
of Chief Judge King, we have accomplished a lot. But one of the
most important things that he is looking at is moving our
cases, also balancing the type of personalities that the court
is now experiencing. We have a change in the community. We have
a lot of wealthy, technologically proficient people moving into
D.C. that are coming to the court. But at the same time, I
think we have a diverse community of people that speak
different languages. And so I think as a judge, we have to be
culturally competent. We have to learn how to keep up with the
technology, but also how to speak to people who are not
familiar with the technology and to make them understand the
orders that we are issuing.
So I think those are the biggest challenges I will face.
Senator Akaka. Mr. Epstein.
Mr. Epstein. I agree with Judge Dalton. I think the hardest
part of the job is that there are tough cases and so many of
them. This is a busy trial court in a major metropolitan area,
and I think the challenge is how do you give each case the
individual attention that it deserves, and at the same time
keep up with your docket. I do not think there is any simple
answer to that. Hard work is clearly one of them. I think you
have to have some judgment about what is important in each case
reasonably quickly and try to focus on the key issues as best
you can.
Senator Akaka. Thank you. Ms. Pasichow.
Ms. Pasichow. Chairman, I would take my cues from Judge
Dalton, who has the experience here, and I certainly concur
with what Mr. Epstein has said. My experience in the courthouse
has indicated that one of the most difficult things that I have
observed is how to manage expectations; that is, that the party
comes into the courtroom and has the trial date set, and then
is discouraged when that trial date is not really a firm trial
date, when because of the volume of cases and because of other
issues that come up that sometimes they become disappointed.
And I think it would be a great challenge to attempt in the
best way possible to adjust expectations and ensure that there
is some reliance on a calendar in a system that works so that
lawyers and parties can come into the courtroom and know what
to expect at that particular time.
Senator Akaka. Thank you.
My next question is to Judge Dalton. From your experience
practicing family law and working with the Family Court, what
do you view as the greatest difficulties facing the Family
Court and the D.C. Trial and Family Services Agency?
Judge Dalton. That is a very good question. I would be
remiss if I didn't say that thanks to Congress for the Family
Court Act and under the leadership of Judge Satterfield, Judge
Josey-Herring and Chief Judge Rufus King, we have made
remarkable strides in Family Court from its appearance, making
families more comfortable, to our timeliness, to our giving
closure to families either through reunification or adoption.
I think the challenges that we face--throughout the entire
court there are challenges in the sense that we need mental
health services and substance abuse services. I know the court
is constantly looking for grants to have programs like our
Family Treatment Court. And it will be a challenge to continue
to expand them.
I know in Criminal Court, we have just started a Mental
Health Court, and it would be my privilege to serve on a
committee to start a Juvenile Mental Health Court. But I think
the biggest challenge is to help the community deal with
substance abuse and mental health issues in order to make the
families whole.
But we have done such a large amount of work after the
Family Court Act, from going out into the community, to going
to the schools, to help solve truancy problems by working with
children and parents, to hearing cases, sometimes every week
until we get it right, until we help the families. We have
challenges, but we certainly are moving forward very rapidly.
Senator Akaka. Mr. Epstein, you have represented
corporations primarily while practicing at law firms for more
than 25 years. Many of the people who will come before you in
Superior Court face economic disadvantage and have limited
access to information about the legal system.
Do you feel you will be able to relate well to the diverse
backgrounds of those who will come before you as a judge?
Mr. Epstein. I certainly hope to. I should add, you are
right, I have represented mostly companies, but I have
represented a number of individuals over the years.
Maybe the best way to answer your question is this: For the
past 6 months, I have served as a volunteer in the Self-Help
Center of the Family Court. As Judge Dalton said, the Family
Court recognizes that a substantial majority of the people who
appear before it do not have lawyers. They do not know their
way around the courthouse. They do not know where to begin. And
the court created this Self-Help Center where they can come in
and get practical advice. And I have tried to volunteer there
at least once a week for a 3-hour stint each week. And I think
I have been able to connect with at least some of the people
there. I am happy to keep agreeing with Judge Dalton. You know,
there is a real mix of people who come before the Superior
Court. Some of them are hard to relate to, in part because the
whole process is just so intimidating and frightening to them.
Particularly in the Family Court, I think one of the
obligations of the judge, to the extent that he or she can, is
to put them at their ease so that they feel that their problem
is being understood and addressed.
Senator Akaka. Ms. Pasichow, similarly, I would like to
hear your views on the greatest criminal justice challenges
facing the District of Columbia today.
Ms. Pasichow. Well, Chairman Akaka, I can speak from my
experience. I think that some of the greatest challenges that
we have had, particularly in the U.S. Attorney's Office, are
issues that involve fear, fear of retaliation, fear of being
involved in the system, fear of cooperating with law
enforcement, fear of overzealous prosecution, and the fear of
heavy-handed judges. I have had a first-hand view working with
the community, with witnesses and victims of crime, and
advocates in our office to attempt to get into the community
and bring the community into the system. I think the most
rewarding experience that I have had was when individuals who
get involved in the process, and there is a detective here who
has worked tirelessly with me to attempt to do this, that when
one individual says that he or she have a more positive
perception of the criminal justice system, I feel like that is
one step closer to where we need to go and where we need to be.
The reality of intimidation in this community is striking,
the reality of it, not just the perception that people do not
feel safe when they come forward to work within the system, at
least the criminal justice system. I am hoping that with each
step forward we move people into the process so that there is
more confidence in the system.
Senator Akaka. Well, thank you. I want to thank you all.
There are no further questions at this time. There may be
additional questions for the record which we will submit to you
in writing.
The hearing record will remain open until the close of
business tomorrow for Members of this Committee to submit
additional statements or questions that they may have. It is my
hope that the Committee will vote in the near future and that
your nominations will be considered soon by the full Senate.
And I just want you to know that I will make every effort to
expedite that.
I want to thank you again for your statements, your
sincerity, your humility, and your respect. I just have a
feeling that you will make great judges. But we will do our
part here and try to get this through and to have it confirmed
as soon as we can.
So, with that, this hearing is adjourned.
Ms. Pasichow. Thank you, Mr. Chairman.
Judge Dalton. Thank you, Mr. Chairman.
Mr. Epstein. Thank you.
[Whereupon, at 3:30 p.m., the Committee was adjourned.]
A P P E N D I X
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