    [Senate Hearing 112-235]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 112-235

      NOMINATIONS OF JENNIFER A. DI TORO, DONNA M. MURPHY, AND YVONNE M.
                                    WILLIAMS

    =======================================================================

                                    HEARING

                                   before the

                                  COMMITTEE ON
                   HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                              UNITED STATES SENATE

                          ONE HUNDRED TWELFTH CONGRESS

                                 FIRST SESSION

                                   __________

      NOMINATIONS OF JENNIFER A. DI TORO, DONNA M. MURPHY, AND YVONNE M.
     WILLIAMS TO BE ASSOCIATE JUDGES OF THE SUPERIOR COURT OF THE DISTRICT
                                  OF COLUMBIA

                                 JUNE 15, 2011

                                   __________

            Available via the World Wide Web: http://www.fdsys.gov/

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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              TOM COBURN, Oklahoma
    THOMAS R. CARPER, Delaware           SCOTT P. BROWN, Massachusetts
    MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
    MARY L. LANDRIEU, Louisiana          RON JOHNSON, Wisconsin
    CLAIRE McCASKILL, Missouri           ROB PORTMAN, Ohio
    JON TESTER, Montana                  RAND PAUL, Kentucky
    MARK BEGICH, Alaska                  JERRY MORAN, Kansas

                      Michael L. Alexander, Staff Director
                        Holly A. Idelson, Senior Counsel
                            Kenya N. Wiley, Counsel
    Lisa M. Powell, Staff Director, Subcommittee on Oversight of Government
        Management, the Federal Workforce, and the District of Columbia
                   Kristine V. Lam, Professional Staff Member
                   Nicholas A. Rossi, Minority Staff Director
                  Amanda Wood, Minority Deputy General Counsel
                       Jennifer L. Tarr, Minority Counsel
                      Trina Driessnack Tyrer, Chief Clerk
                     Patricia R. Hogan, Publications Clerk
                        Laura W. Kilbride, Hearing Clerk

                                C O N T E N T S

                                     ------
    Opening statement:
                                                                       Page
        Senator Akaka................................................     1
    Prepared statement:
        Senator Akaka................................................    15

                                   WITNESSES
                            Wednesday, June 15, 2011

    Hon. Eleanor Holmes Norton, a Delegate in Congress from the
      District of Columbia...........................................     1
    Jennifer A. Di Toro to be an Associate Judge, Superior Court of
      the District of Columbia.......................................     4
    Donna M. Murphy to be an Associate Judge, Superior Court of the
      District of Columbia...........................................     5
    Yvonne M. Williams to be an Associate Judge, Superior Court of
      the District of Columbia.......................................     6

                         Alphabetical List of Witnesses

    Di Toro, Jennifer A.:
        Testimony....................................................     4
        Prepared statement...........................................    16
        Biographical and financial information.......................    17
    Murphy, Donna M.:
        Testimony....................................................     5
        Prepared statement...........................................    32
        Biographical and financial information.......................    33
        Responses to post-hearing questions for the Record...........    74
        Letters of support...........................................    81
    Norton, Hon. Eleanor Holmes:
        Testimony....................................................     1
    Williams, Yvonne M.:
        Testimony....................................................     6
        Prepared statement...........................................    55
        Biographical and financial information.......................    56

                      NOMINATIONS OF JENNIFER A. DI TORO,
                              DONNA M. MURPHY, AND
                               YVONNE M. WILLIAMS

                                  ----------

                            WEDNESDAY, JUNE 15, 2011

                                         U.S. Senate,
                           Committee on Homeland Security and
                                          Governmental Affairs,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 2:31 p.m., in
    room 342, Dirksen Senate Office Building, Hon. Daniel K. Akaka,
    presiding.
        Present: Senator Akaka.

                   OPENING STATEMENT OF SENATOR AKAKA

        Senator Akaka. Aloha, and welcome to the Committee on
    Homeland Security and Governmental Affairs.
        Today, we consider the nominations of Jennifer Di Toro,
    Donna Murphy, and Yvonne Williams to be Associate Judges of the
    Superior Court of the District of Columbia. We consistently
    receive excellent candidates nominated by the President from
    those recommended by the nonpartisan Judicial Nomination
    Commission. I am sure that, if confirmed, these nominees will
    join the others who have appeared before us in making valuable
    contributions to the D.C. courts.
        I would now like to welcome Congresswoman Norton. She is
    like a legend, too, not only in this area, but in the House,
    and she has served the District of Columbia really well over
    the years. I yield for her introduction of our nominees.
        Please proceed, Congresswoman Norton.

     INTRODUCTION OF THE NOMINEES BY HON. ELEANOR HOLMES NORTON, A
           DELEGATE IN CONGRESS FROM THE DISTRICT OF COLUMBIA

        Ms. Norton. Thank you, Chairman Akaka. I must say, your
    kind words, coming from one of the legendary icons of the
    Senate, are generous, indeed, and I appreciate them. I
    particularly appreciate your work, and I believe, for sure, I
    speak for the residents of the District of Columbia when I say
    that a great Senator has had time to work not only for his
    State, but to do wonderful work for the District of Columbia.
    We are always very pleased with how you have paid attention and
    moved our matters here in the Senate.
        Chairman Akaka, I have three candidates to offer this
    afternoon for the D.C. Superior Court. As you know, the D.C.
    Superior Court is an Article I court, but these are city
    judges, for all intents and purposes. They sit on matters
    affecting D.C. law and the D.C. Code. They are very well
    prepared to do that, in my judgment.
        I begin, in alphabetical order, with Jennifer Di Toro, who
    would come to the court as Legal Director of the Children's Law
    Center, which is the city's largest civil legal services
    provider. She has also been a staff attorney for the Public
    Defender Service for the District of Columbia and an associate
    before that at the law firm of Zuckerman Spaeder. She has been
    Vice President of the Washington Council of Lawyers, has her
    Bachelor's degree from Wesleyan University, a Master's degree
    from the University of Oxford, and a J.D. from Stanford Law
    School.
        Donna Murphy has served in the Civil Rights Division of the
    Department of Justice (DOJ) for nearly 20 years. She is
    currently Principal Deputy Chief of the Housing and Civil
    Enforcement Section. She has had major posts in the Justice
    Department in this section throughout her service, as Deputy
    Chief and Special Counsel for Police Matters in the Division's
    Special Litigation Section, as Deputy Chief and Trial Attorney
    in the Division's Voting Section. She has received the John
    Doar Award for Exceptional Accomplishments given by the Justice
    Department. She clerked for a Federal judge in Montgomery,
    Alabama, received her law degree from Yale Law School, and is a
    graduate of American University.
        Finally, Yvonne Williams is in private practice at Miller
    and Chevalier, Chartered. She has litigated employment and
    employee benefit issues before Federal and State courts and
    administrative agencies. She has been a Staff Attorney for the
    Public Defender Service for the District of Columbia. She has
    tried 30 cases before juries and judges in the D.C. Superior
    Court, where she seeks to serve, as well as the D.C. Court of
    Appeals, and she has been an attorney with the NAACP Legal
    Defense and Educational Fund. She is a graduate of Northeastern
    University's School of Law, and her B.A. is from the University
    of California at Berkeley.
        These are, in my judgment, Mr. Chairman, very well
    qualified candidates to sit on our D.C. Superior Court.
        Senator Akaka. Thank you very much, Congresswoman Norton.
    With your support, there is no question that we will do our
    best to move this along as quickly as we can to get them
    confirmed. I appreciate your being here to introduce these
    nominees, and also I know how busy you are and appreciate your
    being here. Thank you very much.
        Ms. Norton. Thank you, Mr. Chairman.
        Senator Akaka. Our nominees all have strong legal
    backgrounds, as was mentioned by the Congresswoman, and have
    devoted much of their careers to public service.
        Ms. Di Toro currently is the Legal Director, as was
    mentioned, at the Children's Law Center and also spent many
    years with the D.C. Public Defender Service.
        Ms. Murphy currently is the Principal Deputy Chief of the
    Housing and Civil Enforcement Section at the Department of
    Justice. Ms. Murphy has spent most of her career at DOJ working
    in the Voting and Special Litigation Sections of the Civil
    Rights Division.
        Ms. Williams currently is counsel at the law firm of Miller
    and Chevalier. Before joining the private sector, Ms. Williams
    was an attorney with the D.C. Public Defender Service.
        I believe these nominees have much to offer to the D.C.
    Superior Court, and I hope--and I am repeating myself because
    it is important--that we can act quickly to confirm them.
        Each nominee has filed responses to a biographical and
    financial questionnaire submitted by the Committee, so without
    objection, this information will be made part of the hearing
    record, with the exception of the financial data, which will be
    kept on file and made available for public inspection in the
    Committee office.
        Our Committee rules require that all witnesses at
    nomination hearings give their testimony under oath. Therefore,
    at this time, I ask you to please stand and raise your right
    hand.
        Do you swear that the testimony you are about to give this
    Committee will be the truth, the whole truth, and nothing but
    the truth, so help you, God?
        Ms. Di Toro. I do.
        Ms. Murphy. I do.
        Ms. Williams. I do.
        Senator Akaka. Thank you. Please note for the record that
    the witnesses answered in the affirmative.
        Ms. Di Toro, I understand that you have family here with
    you today. We would like to meet them, and I would like to give
    you an opportunity to introduce them at this time.
        Ms. Di Toro. Thank you, Senator. I would like to introduce
    the members of my family who are here with me today: Marilyn
    and Dominic Di Toro, Enza Mullen Weitzner, Ellen Feder, and
    Dominic, Zoey, and Enza.
        Senator Akaka. Will you raise your hands? Oh, there you
    are. Thank you for attending. It is great support. Thank you.
        Ms. Williams, please introduce your family.
        Ms. Williams. Thank you, Senator. I have with me today my
    son, Kendall Weaver; my mother, Julia Burgess; my brother, who
    is right behind me, Kevin Williams; and my stepfather, who is
    right there, Roy Singham.
        Senator Akaka. Thank you.
        And I did not forget you, Ms. Murphy. Please introduce your
    family and any friends who are here today.
        Ms. Murphy. Thank you, Senator. Mr. Chairman, I would like
    to introduce my family members who are here today. First, my
    husband, Keenan Keller; my daughters, Lillian Keller and Claire
    Keller; my parents, who have traveled here from Pennsylvania,
    Jack and Isabelle Murphy; and my father- and mother-in-law who
    have traveled here from Ohio, Albert and Inell Keller.
        And I have a number of friends and colleagues in the
    audience. I do not want to introduce them because I am sure I
    will miss someone, but I would like to thank all of them for
    their support.
        Senator Akaka. Yes. Well, thank you so much. It is good to
    have all of you here because it shows the support that our
    nominees have. So thank you all. It is wonderful to see your
    loved ones here supporting you, and I am sure that they are
    proud of all you have accomplished.
        Ms. Di Toro, we will begin with you. Please proceed with
    your statement.

    TESTIMONY OF JENNIFER A. DI TORO \1\ TO BE AN ASSOCIATE JUDGE,
               SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

        Ms. Di Toro. Mr. Chairman and Members of the Committee,
    thank you for the opportunity to appear before you today and
    for considering my qualifications for a position as an
    Associate Judge of the Superior Court of the District of
    Columbia.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Ms. Di Toro appears in the Appendix
    on page 16.
    ---------------------------------------------------------------------------
        It is a great honor to be nominated. I want to thank the
    Judicial Nomination Commission, in particular the Chair of the
    Commission, the Hon. Emmet G. Sullivan, for recommending me to
    the White House and President Barack Obama for nominating me. I
    very much appreciate Congresswoman Eleanor Holmes Norton taking
    time from her schedule to introduce me. My thanks also to the
    Senate Committee staff for their hard work in preparing for
    this hearing and for the courtesy and professionalism they have
    extended to me throughout this process.
        It has been my extreme good fortune to grow up in a
    household where curiosity, creativity, and excellence were
    actively encouraged. My parents, who you have met, my brother,
    Joe, and my aunts, uncles, cousins, and grandparents all
    contributed directly to my being before you today. I am
    grateful for their example and unflagging support.
        A number of my friends, colleagues, and mentors are here
    today. I am also thankful for their steadfast encouragement and
    sustaining good humor. I would finally like to extend my
    special thanks to Chief Judge Lee F. Satterfield for his
    encouragement and exemplary leadership.
        I attended law school in order to work on behalf of people
    who needed it most because they are living in poverty, facing
    the loss of liberty or property, or because they are children
    who require safety, stability, and health to live productive
    lives. I have been very fortunate to have worked at several of
    the District's premier organizations in service to those
    ideals.
        At Georgetown University Law Center's Criminal Justice
    Clinic, the Public Defender Service, Zuckerman Spaeder, and
    Children's Law Center, I have had the honor of using my degree
    to enable people seeking solutions to pressing problems in
    environments that were challenging, rewarding, and inspiring.
    My commitment to public service and access to justice is also
    what motivates me to seek appointment to the bench.
        As the Committee knows, I have been practicing law in the
    District of Columbia for nearly 15 years, handling all of my
    cases in Superior Court. I am, as one Superior Court judge put
    it to me, ``homegrown,'' and I am quite moved to be before you
    as a nominee to the very court where I learned my craft and by
    the prospect of joining such an engaged and demanding bench.
    From them, I have learned much of what I know about the law,
    about ensuring access to justice, fairness, and the demands and
    rewards of public service.
        I am humbled to be considered for this position. I thank
    you for the opportunity to appear today, and I look forward to
    answering your questions. Thank you.
        Senator Akaka. Thank you very much, Ms. Di Toro.
        Ms. Murphy, please go ahead with your statement.

      TESTIMONY OF DONNA M. MURPHY \1\ TO BE AN ASSOCIATE JUDGE,
               SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

        Ms. Murphy. Thank you, Mr. Chairman. I want to thank you
    and the Members of the Committee for the opportunity to appear
    before you today and for your consideration of my
    qualifications for a position as an Associate Judge on the D.C.
    Superior Court.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Ms. Murphy appears in the Appendix on
    page 32.
    ---------------------------------------------------------------------------
        I would also like to thank the Judicial Nomination
    Commission, chaired by the Hon. Emmet Sullivan, for
    recommending me to the White House. I would like to thank
    President Barack Obama for my nomination and Delegate Eleanor
    Holmes Norton for her kind introduction. I would like to thank
    the Committee staff, also, for their professionalism in this
    process.
        I am pleased that many of my family members, friends, and
    colleagues are here with me today, including those that you met
    a few minutes ago, and I am grateful to all of my family,
    friends, colleagues, and mentors for the incredible support and
    encouragement they have provided me in my chosen career of
    public service, and particularly in my application for this
    position on the Superior Court of the District of Columbia.
        I was born and raised in Norristown, Pennsylvania.
        However, I have chosen Washington, DC, as my home. I first
    visited the District of Columbia on a family vacation when I
    was about 12 years old, and I decided at that time that I would
    make the city my home. I followed through by moving to the
    District to attend college at American University. I did leave
    for a few years to attend Yale Law School and then to begin my
    legal career by serving as a law clerk to the Hon. Myron
    Thompson of the U.S. District Court for the Middle District of
    Alabama. After my clerkship, though, I moved back to Washington
    to work for the U.S. Department of Justice, Civil Rights
    Division, and I have lived, worked, and been part of the
    community here in the District of Columbia ever since that
    time.
        Throughout my career, I have been fortunate to hold
    positions where my job every day is to do justice. This is a
    tremendous responsibility and a tremendous opportunity for me
    throughout my career. It began with my clerkship, where Judge
    Thompson taught me a tremendous amount about the law while also
    underscoring the importance of treating everyone who walks into
    the court with respect and dignity. Judge Thompson is a smart,
    fair, and respected jurist. He is one of my role models and has
    been an inspiration to me in seeking a position on the D.C.
    Superior Court.
        As an attorney and manager in the Civil Rights Division for
    the past 20 years, I have had the opportunity to protect and
    defend the civil rights of many people whose rights otherwise
    might never have been vindicated. I have challenged myself by
    working in a variety of complex substantive areas, including
    Federal voting rights enforcement, civil enforcement of Federal
    laws prohibiting systemic law enforcement misconduct, and
    enforcement of Federal laws prohibiting discrimination in
    credit, housing, and public accommodations.
        I have worked in these areas as a Deputy Chief and Special
    Counsel, supervising numerous investigations and cases
    involving potential pattern or practice civil rights
    violations. I have trained dozens of new Department of Justice
    lawyers to enforce the law in a thorough and professional
    manner. I have been honored by the opportunity to make a
    difference in the lives of thousands of people throughout this
    great country by doing justice. I also have been very fortunate
    to have tremendously talented and dedicated colleagues in the
    Civil Rights Division.
        If I am confirmed for the position of Associate Judge on
    the D.C. Superior Court, I look forward to the opportunity to
    focus my legal skills and energy on serving the people of the
    District of Columbia and bringing to the bench my extensive
    litigation, negotiation, and management experience. I am truly
    honored and humbled to be considered for this position, and I
    would welcome the opportunity to devote myself to providing
    justice in a fair and respectful manner to the people of the
    District of Columbia.
        Thank you again for your time and your consideration of my
    nomination.
        Senator Akaka. Thank you very much, Ms. Murphy.
        Ms. Williams, please proceed with your statement.

     TESTIMONY OF YVONNE M. WILLIAMS \1\ TO BE AN ASSOCIATE JUDGE,
               SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

        Ms. Williams. Thank you. Mr. Chairman and Members of the
    Committee, I am grateful for and honored by the opportunity to
    appear before you today as a nominee to be an Associate Judge
    of the D.C. Superior Court. I would like to thank the D.C.
    Judicial Nomination Commission for recommending me to the White
    House and President Barack Obama for nominating me. I would
    also like to thank Congresswoman Norton for taking time out of
    her schedule to introduce me here today. I would also like to
    thank the Senate Committee staff members for considering my
    nomination and for treating me with the utmost courtesy and
    respect during this entire process.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Ms. Williams appears in the Appendix
    on page 55.
    ---------------------------------------------------------------------------
        So you have met my family, and I want to thank them for not
    only being here, but for a lifetime of support, encouragement,
    and guidance that has truly shaped the person I have become
    today. I would also like to thank my father, John Williams, and
    my sisters, Tanya Williams, Jackie Kramer, and Dandridge Floyd,
    who all reside in Detroit, Michigan, but could not be here
    today.
        Finally, many of my fabulous friends, mentors, and
    colleagues, including apparently colleagues at Miller and
    Chevalier watching via webcast right now, are here with me
    today, and I would like to thank them for inspiring,
    challenging, and supporting me throughout my career.
        Whether as a teenager growing up in Chicago, Illinois, or
    as an undergraduate at the University of California at
    Berkeley, or as a law student at Northeastern University School
    of Law, I have always been committed to doing what I can do to
    help improve and enrich the lives of others. At Northeastern, I
    was trained to become a lawyer imbued with a commitment to
    principled advocacy and to the notion that, because injustice
    can exist anywhere, it is our responsibility as lawyers to use
    the law to advance and improve the lives of those whom we
    serve. I have strived to do that for every client I have been
    fortunate enough to represent. As a D.C. Superior Court Judge,
    I will continue that commitment to making a positive difference
    in people's lives.
        In my 14 years as a practicing attorney, I have fiercely
    advocated on behalf of my clients to protect and advance their
    rights and legal positions. During the first half of my career,
    I worked exclusively on behalf of low-income African-American
    workers before Federal courts throughout the country and
    indigent criminal defendants at both the trial and appellate
    level in D.C. Superior Court. In the second half of my career,
    to date, I have represented individuals and corporations in
    civil and criminal matters, defending their interests against
    various legal claims before Federal courts and administrative
    agencies. In each of these matters, I was dedicated to
    improving the circumstances of my clients and to working with
    them to seek and obtain just solutions to their problems.
        I am moved and humbled to be considered for a judgeship on
    the D.C. Superior Court. This is the court where I grew up as
    an attorney. This is where I learned how to be a lawyer and
    where every day I was reminded of the strength, perseverance,
    and compassion of the citizens of the District of Columbia. I
    am so proud to serve this great city in this capacity, and I
    thank you again for considering my nomination.
        Senator Akaka. Thank you very much, Ms. Williams.
        I will begin with the standard questions this Committee
    asks of all nominees, and I would like you all 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?
        Ms. Di Toro. No.
        Senator Akaka. Thank you.
        Ms. Murphy. No, Mr. Chairman.
        Senator Akaka. Thank you.
        Ms. Williams. No, sir.
        Senator Akaka. Thank you.
        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?
        Ms. Di Toro. No, Mr. Chairman.
        Ms. Murphy. No, Mr. Chairman.
        Ms. Williams. No, Mr. Chairman.
        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?
        Ms. Di Toro. I do, Mr. Chairman.
        Ms. Murphy. Yes, Mr. Chairman.
        Ms. Williams. I do.
        Senator Akaka. Thank you very much for your responses.
        I see that all three of you have experience in public
    service. I commend your decision to continue your service by
    joining the D.C. judicial system. Please elaborate on why you
    are seeking appointment to become an Associate Judge at this
    point in your career. Ms. Di Toro, I would like for you to
    start, to be followed by Ms. Williams and Ms. Murphy.
        Ms. Di Toro. Thank you, Senator. The District of Columbia
    is the place, and the Superior Court in particular, where, as
    Ms. Williams said, I grew up as a lawyer, and it is the place
    where I believe justice is done every day for the citizens who
    come through the doors. I believe that I am able, at this point
    in my career, to make a contribution to that system of justice.
    I have had experience in the Family Court and in the Criminal
    Division, and I would be honored to serve in either if I am
    confirmed.
        I believe that access to justice is one of the things that
    characterizes the United States of America's greatness and
    truth, and being able to walk through the doors of the Superior
    Court and know that you will receive a full and fair hearing is
    something to which I would be very honored to contribute.
        Senator Akaka. Thank you very much. Ms. Williams.
        Ms. Williams. Thank you, Mr. Chairman. Quite honestly, as I
    said in my statement, the reason I sought to secure a position
    as a D.C. Superior Court judge truly was to be able to make a
    positive difference in people's lives. I think in a courthouse
    like the D.C. Superior Court, you are faced with issues and you
    are faced with people who are dealing with issues that are
    sometimes unimaginable, and I think that they look to places
    like D.C. Superior Court for empathy, for assistance, for
    respect, and most importantly, for justice, and I think that my
    background kind of uniquely suits me to be able to assist and
    offer my help to people and litigants before D.C. Superior
    Court, as it is a very active court and people expect prompt
    justice and they expect it with a level of respect that I know
    that I can provide them. And I think that it is crucial that we
    have judges who are committed to providing litigants that kind
    of treatment and respect, and my background certainly, I think,
    is consistent with that offering.
        Senator Akaka. Thank you very much.
        Ms. Williams. Thank you.
        Senator Akaka. Ms. Murphy.
        Ms. Murphy. Thank you, Mr. Chairman. Unlike my two fellow
    nominees, I have spent my career in the Federal courts, and as
    I described, I have been very honored to have a very rewarding
    career in the Civil Rights Division. I have enjoyed and really
    hopefully done my best at opportunities and challenges I have
    had to help the individuals who were affected by the pattern or
    practice civil rights violations that I help to address through
    my work throughout the country.
        But one thing I have not had the opportunity to do very
    often is to bring my legal skills and my public service to bear
    in the District of Columbia. Because the Justice Department has
    nationwide jurisdiction, we only occasionally have cases in the
    District of Columbia, and as a 20-year resident of the District
    of Columbia with children who are growing up here and as an
    active member of the community, at this point in my career, I
    would like to bring my legal skills and experience that I have
    gained through the experiences I have had at DOJ to bear in a
    very positive way for the people in the District, and that is
    the main motivation for my looking to join the D.C. Superior
    Court.
        Senator Akaka. Let me just follow up with a question for
    you, Ms. Murphy. Can you please describe your temperament and
    the qualities you believe you would bring to the bench, if
    confirmed?
        Ms. Murphy. Thank you, Mr. Chairman, for that question. I,
    in my career for the last 15 years, have been a manager at the
    Department of Justice, and I, in that position, always try to
    bring a thoughtful, calm, and analytical approach to the issues
    that are brought before me. We receive complaints. The teams I
    supervise investigate them, and we have to determine what
    recommendation to make to the policy makers at the Department.
        In that position, I deal with differing opinions, analyze
    the situation, try to get all the facts and apply them to the
    relevant law, and then make the best recommendation that I can
    in, as I said, a careful and thoughtful manner. I believe that
    I would bring those same qualities of balance, care, and
    analysis to the bench and to the problems that I would approach
    as a D.C. Superior Court judge if I am confirmed.
        Senator Akaka. Thank you very much.
        Ms. Di Toro, as a judge, you may have pro se litigants or
    young and inexperienced attorneys appear before you. How have
    your experiences prepared you to deal with these situations?
        Ms. Di Toro. Thank you for that question. I have a lot of
    experience with direct service, and there is not very much
    difference between talking to someone who is facing the crisis
    of a lifetime and trying to explain in clear, non-legal
    language what is about to happen, the likelihood of outcomes
    that are of concern to them, and to do so in a way that is
    respectful, is empathetic, and allows plenty of time for people
    to ask questions. And my hope is that I would be that kind of
    judge, who allows time for people to ask questions, to consult
    with counsel if they need it.
        And for pro se litigants, it is particularly important that
    they understand that courtrooms have procedures, that we have
    rules that govern proceedings, that there are rules of
    evidence, that there are rules governing witnesses, and it is
    the responsibility of the judge to make sure that there is a
    just outcome in every case. And it is more difficult,
    conceivably, with pro se litigants, but my belief is, with my
    extensive experience with children, adults, and teenagers in my
    current job, that it is possible to keep an even temperament,
    with reference to your prior question for Ms. Murphy, and also
    to help people, regardless of whether they have counsel or not,
    through these very difficult processes.
        Senator Akaka. Thank you for your response.
        Ms. Williams, a judge is often challenged to rule on
    complex issues both quickly and correctly. Please describe how
    your experience qualifies you to confront this challenge.
        Ms. Williams. Well, my experience for most of my career has
    been either as a trial lawyer or as a litigator, and as a trial
    lawyer and as a litigator, particularly as a trial lawyer, you
    are often thinking on your feet. You are often having to move
    very quickly and come up with legal solutions to problems that
    are facing your clients as they come up in trial.
        As a litigator, when you are faced with any kind of legal
    issue, obviously, the first thing that you do is you research
    the answer to the question if you do not know the answer. I
    certainly would not, if confirmed, be a judge to shoot from the
    hip and go from there. Certainly, research is important.
    Listening to the litigants before you is also very important,
    and certainly relying on the arguments that they represent is
    important.
        Finally, relying on your colleagues with whom you work is
    important. Certainly, you cannot be an effective litigator or a
    trial lawyer--at least, I cannot--without relying on and being
    able to look to your fellow colleagues who have been doing it
    longer than you, who have different strategies and different
    ways of looking at things and resolving problems. And so all of
    those avenues of reaching out certainly should be explored
    before coming to any kind of legal conclusion, I would suspect,
    and that is what I certainly plan to do, if confirmed, as a
    D.C. Superior Court judge. Thank you.
        Senator Akaka. Thank you.
        The role of a judge is very different from the role of an
    advocate and will be new to all three of you. Will you please
    discuss how you will transition to the role of an impartial
    decisionmaker. So let me call on Ms. Murphy first.
        Ms. Murphy. Thank you, Mr. Chairman. I believe that if I am
    confirmed, I will be able to transition successfully to the
    role of a judge based on experiences that I have had during my
    career thus far. In particular, one of the things that I
    mentioned earlier in terms of one of my jobs as a manager at
    the Department of Justice is to listen to differing points of
    view and sometimes synthesize those and sometimes just make a
    decision in terms of how we should proceed at a recommendation
    level or how we would proceed in a trial or on a procedural
    matter.
        In approaching those kinds of decisions, I believe it is
    very important to listen to all sides of the issues and to
    ensure that everyone has their say and then to move forward in
    making decisions. So I am comfortable, certainly, building
    consensus. I am also comfortable mediating solutions, and I am
    also comfortable making decisions when I have to make a
    decision regarding conflicting points of view.
        Senator Akaka. Ms. Di Toro.
        Ms. Di Toro. Thank you, Mr. Chairman. The transition, as I
    see it, is going from an attorney whose job it is, whose
    ethical duty it is to zealously advocate for a single client to
    being responsible for all of the litigants, all of the parties
    in a case. I believe that the same qualities that enable me to
    counsel clients regarding the many possible outcomes in their
    cases would serve me as a judge in being able to conduct myself
    and my courtroom in such a way that all parties who appear
    leave with a sense that they have been treated fairly,
    regardless of the outcome of their case. There have to be
    winners and there have to be losers, but everyone ought to
    leave the D.C. Superior Court and, if I am confirmed, my
    courtroom with a sense that they have been heard and that they
    have been able to fully present their side of the case.
        Senator Akaka. Thank you. Ms. Williams.
        Ms. Williams. I kind of have to piggyback just a little bit
    on what Ms. Di Toro was saying. As a litigator, and even as a
    trial lawyer, it is very difficult to be successful if you only
    know your case, but you do not know the case of your opponent.
    I find myself always objectively standing back and looking at
    my cases and trying to figure out what are the strongest
    arguments on both sides and being able to articulate both
    positions to my client so my client can make an informed
    decision about what it is that they want to do.
        Obviously, that level of objectivity will inform my ability
    to be an effective D.C. Superior Court judge, if confirmed, and
    I hope to bring that level of objectivity and understanding to
    the bench and to assist the litigants who would appear before
    me. Thank you.
        Senator Akaka. Thank you.
        Ms. Williams, the D.C. Superior Court handles many
    different types of cases, and a judge may not know which docket
    he or she will be assigned to. How has your career prepared you
    to handle the wide range of legal issues you will be
    confronting?
        Ms. Williams. Well, my career is kind of different than a
    lot of people in that I have done a significant amount of civil
    work as well as a significant amount of criminal work. I think
    a lot of attorneys do work in one specific area and do not go
    into both. I have defended plaintiffs. I have represented
    plaintiffs in civil cases. I have represented defendants in
    civil cases and, obviously, defendants in criminal cases. And
    so my experience is very varied in terms of representation of
    individuals and corporations who appear before courts.
        Now, when I take the bench, if confirmed, that experience,
    I am sure, will be helpful as a judge. But one of the major
    things I will probably do if I am confirmed is to seek advice
    and counsel from the other judges who have been there for years
    before me and who obviously have had countless experiences as a
    judge and probably can remember very well their first day being
    there and can guide me and help me through the process. But I
    am sure that the background that I have had thus far will at
    least give me a good foundation to start off. Thank you.
        Senator Akaka. Thank you.
        Ms. Murphy, I want to ask you a related question. You have
    primarily practiced civil law. You may, however, be assigned to
    a criminal docket. What steps will you take to familiarize
    yourself with different areas of the law?
        Ms. Murphy. Thank you, Mr. Chairman. If I am confirmed and
    if I were assigned to a criminal docket, I think there are a
    number of steps that I would take to familiarize myself. First
    of all, my understanding is that the Superior Court has an
    excellent training system, and I would certainly take advantage
    of all the training they offered. I would also consult, as Ms.
    Williams said, with the more experienced judges in terms of
    their procedures and their best practices and any other advice
    they would have in terms of running a particular type of
    docket, and I would do that regardless of which type of docket
    I was assigned to. I would also, of course, do the research
    that was necessary to familiarize myself with all of the
    applicable rules and requirements for running that type of
    docket.
        I think that I could bring experience that would be useful
    because while I have practiced only civil law, I have practiced
    in a number of different substantive areas and have learned
    each of those areas in my career with these kinds of measures.
    Also, while I have not practiced criminal law per se, my
    experience working with law enforcement agencies in the Special
    Litigation Section has given me some familiarity with police
    procedures and various aspects of State court criminal
    proceedings that I think would give me a basis for beginning to
    learn how to run that kind of docket as a judge. Thank you.
        Senator Akaka. Thank you.
        Ms. Di Toro, as you know, courtrooms can often be
    emotionally charged places. Please describe how you plan to
    maintain a productive courtroom environment while making sure
    people feel their concerns were heard.
        Ms. Di Toro. I would say that the judge does set the tone
    in a courtroom and courtrooms that are scheduled in such a way
    that people know that the time that they are scheduled to
    appear is at or very close to the time that their case will be
    heard.
        In terms of the emotions, people are in distress, and it is
    fair that they be able to express that distress. It is also
    reasonable, I believe, for the judge to maintain a sense of
    order. It is actually critical. And some of the same skills
    that I have acquired dealing with clients who also were facing
    very difficult circumstances are applicable to the role that I
    believe a good judge plays, which is to acknowledge that
    something is difficult, to explain clearly what is going on, to
    listen, and if necessary, to ask that the person or people
    perhaps take a recess, collect themselves. I have been very
    privileged to be in courtrooms that were the scene of extremely
    difficult circumstances and to watch judges on the Superior
    Court calm the proceedings and move forward efficiently while
    still balancing the need for litigants to be heard.
        Senator Akaka. Thank you very much for your response.
        This is my final question to all of you, and I would like
    you to respond. During your years practicing law, you have
    appeared before many judges and no doubt learned a great deal
    from just observing them. Will you describe qualities you hope
    to emulate and those you hope to avoid. [Laughter.]
        Ms. Williams, will you please begin, followed by Ms. Murphy
    and Ms. Di Toro. Ms. Williams.
        Ms. Williams. Yes, I have appeared before many judges, in
    fact, in D.C. Superior Court, obviously, as a public defender,
    and the judges in D.C. Superior Court are superior judges. It
    is an outstanding bench that we have and we are lucky enough to
    practice in front of.
        But I will say the judges that I hope to emulate are the
    judges who are unbelievably empathetic and caring, particularly
    about the children who come before them in family court matters
    or in juvenile court matters. I mean, you can see some very
    distressing fact patterns, to put it mildly, and the judges are
    unbelievably empathetic and caring about really getting it
    right, really getting the services for the family and for the
    children who are before them, and that is something that I
    truly hope to emulate.
        Some judges are very, I will say, fast. They rule on
    motions quickly. They are very polite to litigants, and I
    really hope to do that, as well, in terms of being patient and
    polite and, most importantly, ruling on motions quickly to the
    extent that it is possible to rule any more quickly because I
    know what it is like to represent clients who really want their
    matters resolved as quickly as possible, and I know that there
    is a lot of pressure on judges to get things through, and I
    hope to be able to do that.
        Things that I hope to not do would be allowing lawyers just
    to sit around all day without having taken the bench in a
    timely fashion. That has happened to me several times as a
    lawyer. It still happens, and obviously, sometimes you cannot
    control your schedule, and sometimes it happens that judges
    cannot take the bench in an entirely timely fashion. But there
    are some judges who routinely are late, and it can be very
    difficult as a lawyer, representing a client. Clients get
    impatient. They want to be heard. I mean, that is what judges
    are there for. We are there to serve the people who are there
    and to get on the bench on time and start serving. So that is
    what I hope to not do. Thank you.
        Senator Akaka. Thank you very much. Ms. Murphy.
        Ms. Murphy. Thank you, Mr. Chairman. I would echo Ms.
    Williams' statements about the importance, I think, of empathy
    and also efficiency in judging, and I would hope that, if I am
    confirmed, I would emulate the judges whom I have appeared in
    front of who are very good in those categories.
        I have been fortunate that the vast majority of judges I
    have appeared in front of have been very good judges, and the
    other quality that I would say is most important, that I would
    like to emulate the most, is respect for all the litigants,
    which I think is absolutely crucial--to show and to
    demonstrate, the way questions are asked and the way that
    proceedings are run, that the judge has respect for all the
    parties as well as the lawyers, and that is something that I
    have seen done very well, and also for the jurors when you have
    a jury. I have watched good judges run jury trials in a way
    that shows how respectful they are of the jurors' time, and I
    think that is very crucial as well.
        In terms of what I would avoid, the one thing I think I
    would try to avoid the most is lack of transparency about what
    is going on. When judges are not clear with the attorneys about
    what they are doing--for example, if it is going to take time
    to rule on a particular motion, it is much better, in my view,
    for the judge to let the parties know and let the attorneys
    know that it is going to take several weeks, or that he or she
    is going to rule on the motion in a certain time and fashion
    and to set a scheduling order and to be very transparent about
    the procedures that are followed so that the attorneys and the
    parties are not left guessing, and that would be something that
    I would certainly want to avoid, and I would try to establish
    very transparent and clear procedures for how I was operating.
        Senator Akaka. Thank you. Ms. Di Toro.
        Ms. Di Toro. Thank you, Mr. Chairman. And for my part, I
    agree with what my fellow nominees have said. I do think that
    the judge's temperament is exceedingly important and, as I said
    before, does set the tone. I would hope that I would be a
    rigorous judge. The judges that I enjoyed appearing in front of
    the most were the judges I knew were demanding the most of the
    parties. I appreciate efficiency, patience, politeness, and I
    have also had the experience in family court of judges who are
    truly empathetic to the circumstances facing the families of
    the District of Columbia.
        It is important that judges get it right and that they also
    understand that if something is going to take a long time--I
    agree with Ms. Murphy--you tell the litigants that this is
    going to take some time and be clear about how long it is
    likely to take for rulings or motions, or even the day's
    proceedings. I have always appreciated when a judge says, ``We
    will be back at two o'clock,'' and we are back at two o'clock.
        I would also avoid long waits for clients, for witnesses,
    for jurors, and for families. It is asking a lot of people who
    are anxious to spend hours and hours, sometimes excluded from
    courtrooms when they are closed for sealed proceedings, to just
    wait. And by the same token, I would try to avoid rushing
    litigants. I think it is a difficult balance, and I have
    absolutely been fortunate to practice in a courthouse where
    those qualities are the norm.
        I think the D.C. Superior Court serves D.C. residents with
    enormous dignity, and if I am confirmed, it would be a great
    honor to be able to do the same.
        Senator Akaka. Well, thank you very much for your
    responses, and thank you for your testimony.
        There are no further questions at this time from me. There
    may be additional questions for the record, which will be
    submitted 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.
        I want to compliment you and thank you for bringing your
    families, your friends, and your supporters to this hearing. I
    want to thank the staff for all the work that they have done to
    bring this about. We will move as quickly as we can toward
    confirmation. It is my hope that this Committee and the Senate
    will be able to act quickly on it.
        So again, thank you very much. I have enjoyed you and your
    families. This has been like a family session today. But I want
    to wish you well in what is coming in the future. I just want
    to say that your future work will really add to the community
    and its well being. So thank you very much and aloha.
        This hearing is adjourned.
        [Whereupon, at 3:24 p.m., the Committee was adjourned.]

                                A P P E N D I X

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