[Senate Hearing 112-323]
[From the U.S. Government Publishing Office]





                                                        S. Hrg. 112-323

                   NOMINATIONS OF MICHAEL A. HUGHES,
                    NANCY M. WARE, DANYA A. DAYSON,
                PETER A. KRAUTHAMER, AND JOHN F. MCCABE

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

                                HEARING

                               before the

                              COMMITTEE ON
               HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                          UNITED STATES SENATE



                      ONE HUNDRED TWELFTH CONGRESS

                             FIRST SESSION

                               __________

NOMINATIONS OF MICHAEL A. HUGHES TO BE U.S. MARSHAL, SUPERIOR COURT OF 
THE DISTRICT OF COLUMBIA; NANCY M. WARE TO BE DIRECTOR, COURT SERVICES 
AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA; DANYA A. 
DAYSON, PETER A. KRAUTHAMER, AND JOHN F. MCCABE TO BE ASSOCIATE JUDGES, 
               SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

                               __________

                            NOVEMBER 8, 2011

                               __________

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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
               Kristine V. Lam, Professional Staff Member
Lisa M. Powell, Staff Director, Subcommittee on Oversight of Government
    Management, the Federal Workforce, and the District of Columbia
  Christine S. West, Counsel, Subcommittee on Oversight of Government
    Management, the Federal Workforce, and the District of Columbia
               Nicholas A. Rossi, Minority Staff Director
                   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................................................    19

                               WITNESSES
                       Tuesday, November 8, 2011

Hon. Eleanor Holmes Norton, a Delegate in Congress from the 
  District of Columbia...........................................     1
Michael A. Hughes to be U.S. Marshal, Superior Court of the 
  District of Columbia...........................................     4
Nancy M. Ware to be Director, Court Services and Offender 
  Supervision Agency for the District of Columbia................     5
Danya A. Dayson to be an Associate Judge, Superior Court of the 
  District of Columbia...........................................    11
Peter A. Krauthamer to be an Associate Judge, Superior Court of 
  the District of Columbia.......................................    12
John F. McCabe to be an Associate Judge, Superior Court of the 
  District of Columbia...........................................    13

                     Alphabetical List of Witnesses

Dayson, Danya A.:
    Testimony....................................................    11
    Prepared statement...........................................    70
    Biographical and financial information.......................    71
Hughes, Michael A.:
    Testimony....................................................     4
    Prepared statement...........................................    20
    Biographical and financial information.......................    21
    Responses to pre-hearing questions...........................    30
    Letter from the Office of Government Ethics with an 
      attachment.................................................    37
Krauthamer, Peter A.:
    Testimony....................................................    12
    Prepared statement...........................................    96
    Biographical and financial information.......................    97
McCabe, John F.:
    Testimony....................................................    13
    Prepared statement...........................................   114
    Biographical and financial information.......................   115
Norton, Hon. Eleanor Holmes:
    Testimony....................................................     1
Ware, Nancy M.:
    Testimony....................................................     5
    Prepared statement...........................................    40
    Biographical and financial information.......................    43
    Responses to pre-hearing questions...........................    51
    Letter from the Office of Government Ethics with an 
      attachment.................................................    68

                                APPENDIX

Federal Law Enforcement Officers Association, letter of support 
  for Mr. Hughes, dated September 28, 2011.......................   133
Hon. Eleanor Holmes Norton, letter of support for Ms. Ware, dated 
  October 19, 2011...............................................   135
Paul Strauss, U.S. Shadow Senator for the District of Columbia, 
  prepared statement.............................................   138

 
                   NOMINATIONS OF MICHAEL A. HUGHES,
                 NANCY M. WARE, DANYA A. DAYSON, PETER
                   A. KRAUTHAMER, AND JOHN F. MCCABE

                              ----------                              


                       TUESDAY, NOVEMBER 8, 2011

                                     U.S. Senate,  
                           Committee on Homeland Security  
                                  and Governmental Affairs,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:10 p.m., in 
room SD-628, Dirksen Senate Office Building, Hon. Daniel K. 
Akaka, presiding.
    Present: Senator Akaka.

               OPENING STATEMENT OF SENATOR AKAKA

    Senator Akaka. This hearing will come to order.
    Good afternoon and welcome, everyone. Today, the Committee 
on Homeland Security and Governmental Affairs meets to consider 
the nominations of Michael Hughes to be U.S. Marshal for the 
District of Columbia Superior Court and Nancy Ware to be 
Director of the Court Services and Offender Supervision Agency 
(CSOSA). On the second panel of today's hearing, we will 
consider the nominations of Danya Dayson, Peter Krauthamer, and 
John McCabe to be Associate Judges of the Superior Court of the 
District of Columbia.
    We are happy to have Congresswoman Eleanor Holmes Norton 
here. I would like to welcome you, Congresswoman Norton, to the 
Committee and yield to you for the introduction of the 
nominees. Will you please proceed.

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

    Ms. Norton. Thank you very much, Mr. Chairman. I always 
appreciate your work and help with matters affecting the 
District of Columbia, especially today, where it looks like you 
have a full agenda of only District of Columbia nominees.
    We begin with two unusual posts. Both of these nominees 
head Federal agencies, but their jurisdiction involves 
exclusively District of Columbia matters. I was pleased to 
recommend both Michael Hughes and Nancy Ware to President Obama 
after both were recommended by the Judicial Nomination 
Commission.
    First, I strongly recommend Mr. Hughes for U.S. Marshal for 
the D.C. Superior Court. Now, the D.C. Superior Court is an 
Article I court responsible for D.C. Code offenders, not 
Federal offenders. Mr. Hughes is very familiar with local 
matters, having served with multi-agency task forces involving, 
among others, District of Columbia officials. This agency, the 
Superior Court Marshals Service, has been without leadership 
for a very long time. In my judgment and in the judgment of the 
President, Mr. Hughes is particularly well suited to fill this 
position. He has had 20 years of career service with the U.S. 
Marshals Service. He began right out of college. All who have 
had any association with him agree that he would bring the kind 
of strong and patient and problem-solving experience that the 
Marshals Service for the Superior Court needs.
    Mr. Chairman, Mr. Hughes has the broadest spectrum of 
experience at the U.S. Marshals Service, where he now serves. 
He has served in management, in investigations, in human 
resources, in tactical operations, and in crisis services. He 
brings the full load of what it will take at the Marshals 
Service for the Superior Court, in our judgment.
    I am also very pleased to recommend Nancy Ware for the post 
of Director of the Court Services and Offender Supervision 
Agency. This post, too, has long been without leadership. I am 
convinced that Nancy Ware is uniquely qualified to fill this 
post after an exhaustive search. It is a very critical law 
enforcement post because it involves leadership of returning 
D.C. residents from the Federal Bureau of Prisons who are under 
supervision.
    Ms. Ware's experience, particularly at the Criminal Justice 
Coordinating Council, gives her just the kind of experience the 
CSOSA needs because CSOSA, like the Criminal Justice 
Coordinating Council, is a Federal agency that has a foot in 
the Federal system as well as the District of Columbia system. 
We believe that Ms. Ware has precisely the qualifications to 
deal with this very important agency to the District of 
Columbia. When she headed the Criminal Justice Coordinating 
Council, its membership included the U.S. Attorney for the 
District of Columbia, the D.C. Police Chief, other city law 
enforcement officials, the Director of the Federal Bureau of 
Prisons, and the Chairman of the U.S. Parole Commission.
    I am favorably impressed with her myself. I seldom know 
from personal experience nominees that I have brought to you, 
but as it turns out, the Criminal Justice Coordinating Council 
was one that often had to come to see me. I was very impressed 
with the kind of leadership that Ms. Ware brought and so 
apparently was everyone we spoke with about her, including D.C. 
Superior Court Judge Lee Satterfield, the Federal Bureau of 
Prisons Director Harley Lappin, and U.S. Parole Commission 
Chairman Isaac Fulwood.
    Mr. Chairman, I would also like to recommend three very 
qualified attorneys for Associate Judge of the District of 
Columbia Superior Court. They come to you, of course, from the 
President, but on the recommendation of the District of 
Columbia Judicial Nomination Commission. I will just quickly go 
through their names. You have their full qualifications.
    Danya Dayson is an attorney in private practice with 
O'Toole, Rothwell, Nassau, and Steinbach. She has engaged in 
matters involving criminal defense and family law in 
particular, as well as having been counsel for small business 
and nonprofits with respect to employment law and corporate 
compliance. Ms. Dayson is a graduate of Appalachian State 
University in North Carolina and Georgetown University Law 
Center.
    Peter Krauthamer--also for the Superior Court--has very 
extensive criminal law experience, having spent most of his 
career with the Public Defender Service (PDS) of the District 
of Columbia, where he is now Deputy Director with management 
and supervision of 220 employees, including 120 attorneys. Mr. 
Krauthamer received his Bachelor's degree from Brandeis 
University and his law degree from Boston University College of 
Law.
    Finally, Mr. Chairman, I am pleased to recommend, again for 
Associate Judge of the Superior Court, John McCabe, now a 
Magistrate Judge on the District of Columbia Family Court. Mr. 
McCabe has also served as a U.S. Attorney in the District of 
Columbia, as an Assistant Corporation Counsel, and his 
undergraduate work was done at Duke University with a cum laude 
law degree from Tulane University Law School.
    All three of these nominees from the President are, in my 
judgment, Mr. Chairman, very highly qualified for the Superior 
Court bench in our city.
    Senator Akaka. Let me thank you again for your support of 
these nominees. I want you to know that your support does make 
a difference to this Committee, so we really appreciate your 
being here today to introduce the nominees despite your busy 
schedule.
    Ms. Norton. Thank you very much, Mr. Chairman. I will 
excuse myself, then.
    Senator Akaka. Yes. Thank you very much.
    The U.S. Marshal for the D.C. Superior Court has unique 
responsibilities. In addition to traditional Marshal functions 
like judicial security and prisoner transport, the U.S. Marshal 
for the D.C. Superior Court must perform local duties, such as 
evictions, that are typically associated with a Sheriff's 
Office. Mr. Hughes has spent his entire career with the 
Marshals Service, beginning in 1991 as a Deputy Marshal and 
working his way up to his current position as Chief of the 
Tactical Operations Division.
    The Court Services and Offender Supervision Agency is a 
Federal agency that monitors probationers and parolees in the 
District of Columbia. Ms. Ware has spent a number of years 
working in the criminal justice system. Before assuming her 
current role as a Management Analyst at CSOSA, Ms. Ware was the 
Executive Director of the D.C. Criminal Justice Coordinating 
Council.
    I believe you are both well qualified and well supported, 
and I want to congratulate you on your nominations. I 
understand that you have some family and friends in the 
audience today, and I wanted to give you the opportunity to 
acknowledge them at this time. Mr. Hughes, please introduce 
your guests.
    Mr. Hughes. Thank you, Senator. I have my mother and father 
here, and my sister, Tomianne. I see my brother and his wife 
are here. Jarl Jonas is here. I see Laura Kelso and many 
colleagues and friends who have joined me, and Mike Prout and 
my little godchild, Zoey, and I thank them all for their 
support today.
    Senator Akaka. Thank you very much. I welcome your family 
and friends and thank them for the support that they are giving 
you, Mr. Hughes.
    Ms. Ware, will you please introduce your guests.
    Ms. Ware. Thank you, Chairman Akaka. I would like to 
introduce the members of my family: My daughter, Dalila; my 
son, Omari; my oldest son, Diallo; his wife, Muriel; my sister-
in-law, Giselle; and my brother, St. Elmo Crawford. I want to 
thank them all for their support in being here.
    I also want to thank the members of the staff of CSOSA who 
have taken time out of their busy schedules to join me here 
today. They are scattered throughout the room, and I am really 
pleased to have them here. Also I have former members of the 
Criminal Justice Coordinating Council who are here today to 
support this nomination, and I am really pleased that they all 
took time out of their busy schedules. I do not know if I can 
name enough people, but I see a lot of friends and family here, 
so I want to thank them all for coming.
    I also want to take a moment to thank my mother and father, 
who are no longer here, but they provided me with a lot of 
nurturing for any aspirations that I chose to pursue. Thank 
you, Senator.
    Senator Akaka. Thank you very much. It is good to have your 
supporters here with you today. So, again, let me say aloha and 
welcome to you. Your loved ones and friends must be very proud 
of your accomplishments.
    Our nominees have filed responses to biographical and 
financial questionnaires and answered pre-hearing questions 
submitted by the Committee. Without objection, this information 
will be made part of the hearing record, with the exception of 
the financial information, which will be on file and available 
for public inspection at the Committee office.
    Our Committee rules require that witnesses at nomination 
hearings give their testimony under oath. Therefore, I ask you 
both to please stand and raise your right hands.
    Do you solemnly swear that the testimony you are about to 
give this Committee is the truth, the whole truth, and nothing 
but the truth, so help you, God?
    Ms. Ware. I do.
    Mr. Hughes. I do.
    Senator Akaka. Thank you very much. Let it be noted for the 
record that the witnesses answered in the affirmative.
    Mr. Hughes, please proceed with your statement.

TESTIMONY OF MICHAEL A. HUGHES \1\ TO BE U.S. MARSHAL, SUPERIOR 
               COURT OF THE DISTRICT OF COLUMBIA

    Mr. Hughes. Thank you, Chairman Akaka, and thanks to 
Chairman Lieberman, Ranking Member Collins, and all the Members 
of the Committee for the opportunity to appear before you 
today. I am grateful and honored by the opportunity to be here 
and for your consideration of my qualifications to be the U.S. 
Marshal for the Superior Court of the District of Columbia.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. Hughes appears in the Appendix on 
page 20.
---------------------------------------------------------------------------
    I want to thank Congresswoman Eleanor Holmes Norton for 
recommending me to the White House as well as her Federal Law 
Enforcement Nominating Commission for their endorsement of my 
qualifications. I am thankful to President Barack Obama for 
nominating me.
    My thanks, as well, to the Senate Committee staff for the 
professionalism and guidance that they provided throughout this 
process.
    I am delighted to have many family, friends, and colleagues 
here today. I would like to recognize and express my sincere 
gratitude to my family who are here with me today as well as 
those who could not make it: John and Thomasina Hughes, John 
and Kathleen Hughes, Linda and John Hadginikitas, Tomianne and 
Scott Pagano, and all my nieces, nephews, aunts, uncles, and 
cousins. I am very grateful to my family for their wisdom, 
wonderful humor, and unconditional love throughout my life.
    I would like to thank Jarl Jonas, who provided me with 
unwavering encouragement and guidance throughout this process.
    Finally, I would like to thank all my friends, colleagues, 
and mentors for their encouragement and support.
    I am honored to have spent my last 20-plus years as a 
career U.S. Marshals Service employee. I have had the 
opportunity to serve in a vast array of areas, both in the 
field and at the headquarters level, including court security, 
fugitive investigations, asset forfeiture, protective 
operations, human resources, tactical operations, and on 
various multi-agency task forces. I have served in positions, 
including Deputy U.S. Marshal, Supervisory Inspector in our 
Witness Security Division, Supervisor of the Deputy Attorney 
General's Protection Detail, Chief of our Organized Crime and 
Drug Enforcement Task Force (OCDETF) at the OCDETF Fusion 
Center, Chief of our Office of Operational Staffing and 
Recruitment as well as Acting Deputy Assistant Director in our 
Human Resources Division, and Chief of our Office of Crisis 
Services in our Tactical Operations Division. I have also had 
the privilege to serve as a Legislative Fellow from 2003 to 
2004 here in the U.S. Senate.
    I am very honored to be associated with the brave and 
dedicated men and women of the U.S. Marshals Service. As a 
proud resident of the District of Columbia for more than 10 
years, I am moved to be before you today as a nominee to be the 
U.S. Marshal for the Superior Court of the District of 
Columbia. If confirmed for this position, I look forward to the 
opportunity to utilize my knowledge and practical skills 
acquired over the course of my career to lead this office with 
honor and integrity while serving the residents of my 
community.
    Thank you very much for your time and consideration of my 
nomination, and I look forward to answering your questions.
    Senator Akaka. Thank you very much.
    Ms. Ware, will you please proceed with your statement.

 TESTIMONY OF NANCY M. WARE \1\ TO BE DIRECTOR, COURT SERVICES 
  AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

    Ms. Ware. Thank you, Chairman Akaka and distinguished 
Members of the Committee and staff. Thank you for the 
opportunity to appear before you today. It is an honor to be 
the nominee to serve as Director of the Court Services and the 
Offender Supervision Agency for the District of Columbia. I 
want to thank President Obama for the confidence he has shown 
in me by nominating me and Congresswoman Eleanor Holmes Norton 
for recommending me to serve in this position.
---------------------------------------------------------------------------
    \1\ The prepared statement of Ms. Ware appears in the Appendix on 
page 40.
---------------------------------------------------------------------------
    I would like to introduce the members of my family today, 
my children, my daughter-in-law, my brother and sister-in-law, 
and all my friends who supported me and provided me with love 
and support throughout my aspirations and endeavors. I am 
profoundly grateful to them, and I really have a lot of respect 
and support from the staff at CSOSA Pretrial Services, and I 
want to thank them all for being here, as well as those from 
the Criminal Justice Coordinating Council.
    As the former Director of the Criminal Justice Coordinating 
Council for 8 years and currently serving as a Management 
Analyst with CSOSA, I am keenly aware of the tremendous 
responsibilities of the Director of CSOSA as well as the 
pivotal role that this agency plays daily in support of public 
safety in the Nation's Capital and the surrounding 
jurisdictions. As a native Washingtonian, I have maintained a 
lifelong love for the District of Columbia, its rich and 
vibrant culture, history, and people. I understand the needs of 
D.C. citizens and the particular public safety challenges of 
the District of Columbia.
    Throughout my career, I have been fortunate to work for 
both District and Federal agencies whose missions put me in 
direct contact with persons who have been wards of the city, 
incarcerated, or directly impacted by the criminal justice 
system. Consequently, I am acutely aware of the needs and 
challenges that confront the law enforcement community and the 
men and women who are responsible for supervising at-risk and 
repeat criminal offenders.
    If confirmed as the Director of CSOSA, I want to assure 
you, the employees of CSOSA, and D.C. citizens that I will do 
my utmost to ensure that the agency upholds its mandate to 
effectively supervise its probation, parole, and supervised 
release population, with particular emphasis on high-risk and 
repeat offenders.
    I am also motivated and committed to helping CSOSA clients 
obtain the knowledge and skills necessary to function as law-
abiding and contributing members of the community. I understand 
that this is a difficult challenge, but it is one we are 
committed to at CSOSA. Additionally, I recognize it is 
essential to build a sense of confidence and enthusiasm among 
our core employees who are seeking management direction, 
stability, and accountability from its Director.
    Chairman Akaka and Members of the Committee, I welcome the 
opportunity to tackle the challenges that are ahead at CSOSA 
and thank you for affording me the opportunity to offer my 
testimony today.
    In closing, I want to thank the Committee for the attention 
it has given to my nomination. If confirmed, I intend to work 
closely with you, Mr. Chairman, and the other Members of this 
Committee and your staff to pursue our shared objective of 
promoting the safety of the public and the successful 
reintegration of men and women returning from prison. I am 
deeply committed to maintaining the very productive and close 
relationship that exists between this Committee and the agency 
that I have been nominated to lead.
    Mr. Chairman, I would be pleased to respond to any 
questions that you or Members of the Committee have. Thank you.
    Senator Akaka. Thank you very much, Ms. Ware, for your 
statement.
    I will begin with the standard questions that this 
Committee asks of all nominees. 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?
    Mr. Hughes. No, Senator.
    Ms. Ware. No, Senator.
    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?
    Mr. Hughes. No, Senator.
    Ms. Ware. No, Senator.
    Senator Akaka. Finally, 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?
    Mr. Hughes. Yes, Senator.
    Ms. Ware. Yes, Senator.
    Senator Akaka. Thank you very much for your responses.
    Mr. Hughes, you have spent your entire career with the 
Marshals Service, leaving only for a temporary detail with 
Senator Lautenberg's office. Please describe how your 
experience has prepared you to be the U.S. Marshal for the D.C. 
Superior Court.
    Mr. Hughes. Thank you, Mr. Chairman. I spent over 20 years 
in the U.S. Marshals Service in various duty locations and 
served in many different mission areas. I have worked my way up 
from a GS-5 Deputy U.S. Marshal through my present position as 
a GS-15 Chief in our Tactical Operations Division, and I also 
served as the Acting Deputy Assistant Director. I have worked 
on many multi-agency task forces where I led the Marshals 
Service initiatives in those task forces in collaborating with 
various other agencies. I have also spent time up here as a 
Legislative Fellow on the Hill and learned about many of the 
different areas in the Legislative Branch, which was extremely 
advantageous to my learning. Following that, I completed my 
Masters in Public Administration at the American University's 
Key Executive Leadership Program.
    I believe that a culmination of all of my knowledge and 
experience that I have acquired has fully prepared me to lead 
the U.S. Marshals Service for the Superior Court in the 
District of Columbia.
    Senator Akaka. Thank you very much for your response.
    Ms. Ware, I see that you have extensive experience in the 
criminal justice system, both at the District and Federal 
levels. Why are you seeking appointment to be the Director of 
CSOSA at this point in your career, and what do you hope to 
contribute to the agency?
    Ms. Ware. Thank you, Senator. I am seeking this appointment 
because I have had the luxury and the advantage of working with 
CSOSA for almost 2 years now, and I have had the opportunity to 
observe the agency and the tremendous milestones that the 
agency has been able to accomplish in the decade that the 
agency has been in existence officially. It was certified in 
2002, and it is an agency that has committed itself to using 
best practices, to using new technologies, and to advancing the 
tools of the trade in the areas of reentry, and I think it is a 
wonderful agency to work for and to lead.
    In addition, I bring with me the experience of working, as 
the Congresswoman noted, for 8 years as the Executive Director 
of the Criminal Justice Coordinating Council. Not only was I 
the Director, but I developed the infrastructure for that 
agency so that it is now a bona fide criminal justice agency in 
the District of Columbia that brings together the Federal, 
local, and judicial branches of government to work in public 
safety initiatives that are important to the District.
    In that capacity, I worked very closely with members of 
CSOSA staff and the Director of CSOSA as well as the other 
criminal and law enforcement agencies in the District, and I 
had the opportunity to observe the needs of the reentry 
community, those citizens who are coming back from prison as 
well as those who are supervised in the community. As the 
Director of Training and Technical Assistance with the Office 
of Justice Programs, I was responsible for developing a 
curriculum for over 300 sites across all 50 States in the 
United States to help them to develop initiatives that focused 
on community sustainability as well as law enforcement 
initiatives so that they could work together to clean up at-
risk communities across our country.
    In addition to that, I worked with the Bureau of Justice 
Assistance with the Office of Justice Programs as the Director 
of National Programs, where I was responsible for granting 
agencies and State and local governments funds to help them 
implement law enforcement activities, everything from 
adjudication to incarceration.
    So I think I bring a wealth of experience, but I also bring 
a very focused respect for the mission of this agency. I think 
it is an important mission that contributes greatly to public 
safety in the District of Columbia and I look forward to 
continuing to work with CSOSA as the Director, if confirmed. 
Thank you.
    Senator Akaka. Thank you very much for your response.
    This question is to both of you. I understand there have 
been workforce challenges at both the CSOSA and the D.C. 
Superior Court Marshal's Office. If confirmed, what steps will 
you take to evaluate the workforce and identify areas in need 
of improvement? Mr. Hughes, will you begin first, and after 
that, Ms. Ware.
    Mr. Hughes. Thank you, Senator. If confirmed, it would be 
my intent to do a workforce analysis. We are all facing 
financial and workforce challenges, and doing a workforce 
assessment would aid me in establishing some sort of baseline 
and prioritizing what our mission needs are. We have many 
different job series performing many different duties within 
the Superior Court. I would be looking at that assessment to 
make sure that the jobs are commensurate with the work that 
they should be performing and doing a prioritization of the 
work itself to ensure that we are working in the most efficient 
manner possible.
    Senator Akaka. Ms. Ware.
    Ms. Ware. Yes, thank you. I think that it is important 
within CSOSA to encourage staff to participate actively in the 
decisions around the focus and mission, goals and objectives of 
the agency. So as such, I intend to continue to build on the 
Labor-Management Forum, which was established by Executive 
Order of the President, to use that as a forum to engage staff 
on all levels of the agency in decision making and to encourage 
their participation as a part of our focus on the future. I 
think it is critical within CSOSA to constantly reevaluate the 
needs of the clients that we serve and to remain flexible in 
meeting those needs and in training the workforce in constantly 
being able to meet the challenges of the clients that we serve.
    So it is my intention to actively engage staff through all 
ranks of the agency in those decisions and to constantly ensure 
their participation through surveys, meetings, and, of course, 
the Labor-Management Forum.
    Senator Akaka. Thank you for your response.
    Mr. Hughes, in the past, there have been issues with 
insufficient training of Court Security Officers (CSOs). As 
U.S. Marshal, what steps would you take to make sure CSOs are 
current in their training and security plans?
    Mr. Hughes. Thank you, Senator. If confirmed, I would work 
closely and make sure that our Contracting Officer Technical 
Representative (COTR), who is responsible for maintaining the 
CSO contracts, works closely with the court security 
supervisors to ensure that those Court Security Officers are 
getting the proper training and maintaining that training. So 
it would become a contracting issue to ensure that the 
oversight of that contract is being maintained and kept up to 
date.
    Senator Akaka. Thank you. This is my final question for 
both of you. If confirmed, what are your top three priorities? 
Mr. Hughes.
    Mr. Hughes. The top priority would be to provide the safety 
and security for the judiciary, the prosecutors, the court 
family, and the public, and to ensure the protection of the 
judicial process. I would be looking at doing an overall 
assessment of the office itself to then further look at the 
priorities that come out of that assessment. It would be a 
collaborative effort through consultation with various 
stakeholders within the court community.
    Senator Akaka. Ms. Ware.
    Ms. Ware. Yes. Well, as you know, CSOSA is composed of the 
Community Supervision component and the Pretrial Services 
component. For the Community Supervision component, my 
priorities would be to fully implement the strategic plan, 
goals and objectives, and performance measures, and to put in 
place performance evaluations for those performance measures so 
that we meet the needs of the agency and the mission of the 
agency.
    In addition to that, I think it would be important to 
continue to evaluate the interventions that we provide to our 
clients so that we can be sure that those interventions are 
maximizing public safety in the District of Columbia and 
ensuring that our clients are meeting the conditions of the 
supervision and providing them with graduated sanctions, which 
include an increase in the incentives component of our 
graduated sanctions matrix so that we can have a balanced 
approach to supervision.
    For our Pretrial Services component, I would think it would 
be important to maximize our vendors' cost so that we can be 
sure that across our two components of the agency, we are 
maximizing our tax dollars across vendors. Co-training would be 
important to me so that our agency can maximize our training 
dollars and potential as well as research to make sure that we 
prioritize research initiatives.
    Senator Akaka. Thank you very much. I want to thank you for 
your statements, and I want to wish you well in your quest, and 
we will certainly work toward your confirmation. So thank you 
both for being here today.
    Mr. Hughes. Thank you, Mr. Chairman.
    Ms. Ware. Thank you, Mr. Chairman.
    Senator Akaka. So at this time, there are no further 
questions, and I would like to ask the second panel come to the 
table.
    [Pause.]
    Welcome to the second part of today's hearing as we 
consider the nominations of Danya Dayson, Peter Krauthamer, and 
John McCabe to be Associate Judges of the District of Columbia 
Superior Court.
    The Committee consistently receives excellent D.C. judicial 
candidates nominated by the President from those recommended by 
the nonpartisan Judicial Nomination Commission. I am confident 
that, if confirmed, these nominees will join the others who 
have appeared before us in making valuable contributions to the 
District.
    Ms. Dayson currently is an attorney with the firm of 
O'Toole, Rothwell, Nassau, and Steinbach. Before that, she held 
a number of positions, practicing both civil and criminal law.
    Mr. Krauthamer is the Deputy Director of the D.C. Public 
Defender Service, where he has a distinguished career in public 
service, both at the local and Federal levels.
    Judge McCabe currently is a Magistrate at the D.C. Superior 
Court. Before that, he was an Assistant U.S. Attorney and also 
worked at the D.C. Corporation Counsel.
    I believe these nominees have much to offer the D.C. 
Superior Court, and I hope we can act quickly to confirm them.
    I understand you have loved ones here with you today, and I 
would like to give you an opportunity to introduce them at this 
time. Ms. Dayson, please introduce your family and friends who 
are here.
    Ms. Dayson. Thank you, Mr. Chairman. My parents, Don and 
Claudia Dayson, are here with me today, as are my husband, 
Michael Murphy, my daughter, Wallace Murphy--I am not sure if 
she will be with us for the duration, but she is here now--my 
boss, Jeffrey O'Toole, various friends and colleagues, 
including Jennifer Parton, also Nicholas and William Pohlman, 
my godsons from North Carolina who have come up to witness a 
live Senate hearing, and they are with us with their families, 
as well. I would like to thank them all for their support.
    Senator Akaka. Thank you very much. Mr. Krauthamer.
    Mr. Krauthamer. Thank you, Mr. Chairman. My wife, Tanya 
Chutkan, is right behind me to my left. Next to her, on her 
right, is my sister, Michele Krauthamer. And to the left of my 
wife are my two young sons, Max and Nicholas Krauthamer. My 
mother, Eleanor Krauthamer, is also here, and my niece, Sarah 
Bohannon, is also in the audience. A number of friends and 
colleagues are also here, and I wish to acknowledge them and 
thank them all for being here and supporting me. Thank you.
    Senator Akaka. Thank you.
    Judge McCabe, please introduce your guests.
    Mr. McCabe. Thank you, Mr. Chairman. Most of my family 
lives out of State in Florida, so they were not able to be 
here, but I am sure they will be watching on a webcam if my 
sisters can show my mother how to operate a computer. 
[Laughter.]
    I am very fortunate to be joined by many friends and 
colleagues from the Superior Court, and I would like to 
acknowledge Chief Judge Lee Satterfield of the Superior Court, 
and I appreciate him and other members of the court for being 
here. Thank you.
    Senator Akaka. Thank you for introducing your guests and 
families. I welcome all of you to this hearing today and am 
grateful for your support of our nominees. I am sure your 
family and friends are proud of your accomplishments and look 
forward to the new chapter in your life here in D.C.
    Each nominee has filed responses to biographical and 
financial questionnaires submitted by the Committee. Without 
objection, this information will be made a part of the hearing 
record, with the exception of 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, so 
therefore I ask you to please stand and raise your right hand.
    Do you solemnly swear that the testimony you are about to 
give this Committee is the truth, the whole truth, and nothing 
but the truth, so help you, God?
    Ms. Dayson. I do.
    Mr. Krauthamer. I do.
    Mr. McCabe. I do.
    Senator Akaka. Thank you. Let the record note that the 
witnesses answered in the affirmative.
    Ms. Dayson, will you please proceed with your statement.

  TESTIMONY OF DANYA A. DAYSON \1\ TO BE AN ASSOCIATE JUDGE, 
           SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

    Ms. Dayson. Thank you, Mr. Chairman. Mr. Chairman and 
Members of the Committee, it is an honor and a privilege to 
appear before you today as a nominee to the bench of the 
Superior Court for the District of Columbia. I want to thank 
the Judicial Nomination Commission, in particular its chairman, 
the Hon. Emmet Sullivan, for recommending me to the White House 
and President Barack Obama for nominating me. I would also like 
to thank the Committee Members and staff for their courtesy and 
professionalism during this process.
---------------------------------------------------------------------------
    \1\ The prepared statement of Ms. Dayson appears in the Appendix on 
page 70.
---------------------------------------------------------------------------
    As I noted, my family is here today. My grandmother, 
Marjorie Anderson, I believe, is tuning in via website. I am 
grateful to have had their example, inspiration, and support 
throughout the years.
    In addition, I would like to thank my friends, colleagues, 
and mentors who have attended today for their continued 
guidance and support, including my sister-in-law, who I 
neglected to introduce, and I am sorry, Janine Morris.
    While I was growing up, my parents always stressed the 
importance of education, not only for its own sake, but so that 
one could be of service to others. Their examples of service 
through my father's work with low-income patients and my 
mother's literacy and housing volunteer work, using their 
abilities to serve others in need, led me to my ultimate path 
during law school. I have been fortunate to have colleagues, 
bosses, and mentors who have exemplified the best of the ideals 
of service.
    In my legal career, through my work as a law clerk to the 
Hon. Judge Robert Morin in the District of Columbia Superior 
Court, in private practice as a partner to Jennifer Wicks, and 
as an associate at O'Toole, Rothwell, Nassau and Steinbach, I 
have sought to be of use to others and to assist them in times 
of genuine crisis in their lives. If confirmed, I would be 
honored to work with another set of colleagues and mentors who 
will continue to challenge and inspire me to live out this 
commitment to service.
    I have lived, attended school, and worked in the District 
since 1994. In my time as an attorney, I have had the good 
fortune to work in organizations and environments that have 
allowed me to provide assistance to my clients in a variety of 
ways. I have been able to advocate in the criminal, abuse and 
neglect, and domestic relations arenas and to advise my small 
business and nonprofit clients. In each of these roles, I 
learned the importance of using diligence, creativity, and 
pragmatism to address the needs of my clients. I came to fully 
appreciate the extent to which advocating for each client in 
whatever role is an important responsibility as well as a 
privilege and an honor.
    I started my professional life in the D.C. Superior Court 
and have learned so many valuable lessons from the bench and 
the practitioners there. I am extraordinarily humbled and 
grateful to be considered for a judgeship on the Superior 
Court, and if confirmed, I hope to carry the values and lessons 
about the practice of law, justice, and service to the bench.
    Thank you for considering my nomination, and I look forward 
to answering your questions.
    Senator Akaka. Thank you very much, Ms. Dayson.
    Mr. Krauthamer, will you please proceed with your 
statement.

TESTIMONY OF PETER A. KRAUTHAMER \1\ TO BE AN ASSOCIATE JUDGE, 
           SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

    Mr. Krauthamer. Thank you, Mr. Chairman. Mr. Chairman and 
Members of the Committee, I am grateful for the opportunity to 
appear before you today as a nominee to be an Associate Judge 
of the Superior Court of the District of Columbia. I want to 
thank President Obama and the District of Columbia Judicial 
Nomination Commission, in particular its chairman, the Hon. 
Emmet G. Sullivan, for this great honor.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. Krauthamer appears in the 
Appendix on page 96.
---------------------------------------------------------------------------
    I also want to thank you, Mr. Chairman, and this Committee 
for holding this hearing and the Committee staff for all of the 
work that goes into making these hearings possible.
    I would like to acknowledge once again and thank my family 
and friends: My wife, Tanya Chutkan; my two sons, Nicholas and 
Max Krauthamer; my mother, Eleanor Krauthamer; my sister, 
Michele Krauthamer; and her daughter, Sarah Bohannon. I also 
want to thank my many friends, colleagues, and other family 
members, a number of whom are in attendance today or who are 
watching from their home or offices. I would like to thank them 
all for inspiring and supporting me over the years.
    I have dedicated my career to working to promote fairness 
in our justice system, particularly for those least able to 
afford representation and advocate for themselves. After 
graduating from Boston University Law School, I worked for 11 
years at the Public Defender Service for the District of 
Columbia. I joined the D.C. Federal Public Defender Office for 
a little under a year before being fortunate enough to teach at 
Howard University School of Law. When I left Howard University, 
I joined the District of Columbia Pretrial Services Agency and 
finally returned to the PDS. During the course of my career, I 
have primarily represented and supported indigent clients in 
the District of Columbia local and Federal courts.
    Over my 28 years of practicing law in the District of 
Columbia, I have had the honor to appear before many thoughtful 
and talented judges for whom I have tremendous respect and 
admiration. I have a good understanding of the challenges and 
rewards that come with serving on the bench, and it would be an 
honor and a privilege to continue serving the city that has 
been my home for so many years. I will endeavor to be worthy of 
the trust that has been placed in me and to continue to uphold 
the high standards of judicial fairness and integrity.
    Thank you for considering my nomination, and I look forward 
to answering your questions.
    Senator Akaka. Thank you very much, Mr. Krauthamer.
    Judge McCabe, please proceed with your statement.

   TESTIMONY OF JOHN F. MCCABE \1\ TO BE AN ASSOCIATE JUDGE, 
           SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

    Mr. McCabe. Thank you, Mr. Chairman, and thank you to the 
Committee for the opportunity to appear before you as a 
candidate for a position as an Associate Judge on the Superior 
Court of the District of Columbia. I would also like to thank 
the Judicial Nomination Commission and its chairman, Judge 
Emmet Sullivan, who I believe is present today, for 
recommending me to the White House, and also, obviously, I am 
grateful to President Obama for nominating me for this 
position.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. McCabe appears in the Appendix on 
page 114.
---------------------------------------------------------------------------
    I have been very fortunate to have many friends, 
colleagues, and family members who have provided a lot of 
support and encouragement to me throughout my legal career.
    I began my career as an attorney as an associate in private 
practice at a law firm in Atlanta, but after a couple of years 
realized that I felt a real pull to work in public service, and 
so in 1989, I moved to the District of Columbia and over the 
next 13 years had a wonderful opportunity to work exclusively 
in the District of Columbia Superior Court and to work as an 
attorney in each of the busiest divisions of the court, in the 
Family Court and in the Civil and Criminal Divisions, and it 
really gave me a unique opportunity to see the work of the 
court as a practicing attorney.
    As a staff attorney at the Legal Aid Society, I worked on 
family court matters representing indigent clients. During 8 
years at the Office of the Attorney General, I worked on cases 
involving children in foster care who had been abused and 
neglected. I also represented the District of Columbia and its 
employees in civil litigation in both the Superior Court and 
the U.S. District Court. And as the first Chief of the Domestic 
Violence Section of the Office of the Attorney General, I 
represented victims of domestic violence and was also active in 
helping to reform and improve the way that victims of domestic 
violence were treated in their cases in this community.
    From 1998 until 2002, I worked as a criminal prosecutor for 
the U.S. Attorney's Office, and over the past 9 years, I have 
been a Magistrate Judge in the Superior Court. For the first 8 
of those years, I worked in the Family Court in one of the 
positions where I was exclusively handling cases involving 
children in foster care. As you can imagine, those are some of 
the most challenging and emotionally charged matters in the 
courthouse, and I think it really helped give me a lot of good 
training and experience in how to manage a courtroom and manage 
litigants who had been through enormously difficult 
circumstances in their lives.
    I have also had the opportunity to work in the Criminal 
Division of the court, and over the past year, I have been the 
Alternate Chairperson of the Commission on Mental Health, in 
which capacity I have worked on cases involving those who are 
facing involuntary commitment because of mental illness.
    And finally, as a Deputy Presiding Magistrate Judge, I have 
had the responsibility, along with the Presiding Magistrate 
Judge, to ensure that all of the 24 assignments that are 
handled by Magistrate Judges are handled on a daily basis.
    So I feel that over the past 22 years, 13 years as an 
attorney and 9 years as a Magistrate Judge, I have really had a 
wonderful opportunity to become quite familiar with the work of 
the Superior Court, and I really look forward to the 
opportunity to continuing my career in public service if I am 
confirmed as an Associate Judge. Thank you.
    Senator Akaka. Thank you very much, Judge McCabe, for your 
statement.
    I will begin with the standard questions this Committee 
asks of all nominees.
    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?
    Mr. Krauthamer. No.
    Ms. Dayson. No, Senator.
    Mr. McCabe. No.
    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?
    Mr. Krauthamer. No, Mr. Chairman.
    Ms. Dayson. No, Mr. Chairman.
    Mr. McCabe. 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?
    Mr. Krauthamer. Yes, Mr. Chairman.
    Ms. Dayson. Yes, Mr. Chairman.
    Mr. McCabe. Yes, Mr. Chairman.
    Senator Akaka. Thank you very much for your responses, and 
let the record note that the nominees have answered the 
questions properly.
    I would like all three of you to elaborate on why you are 
seeking appointment to become an Associate Judge at this point 
in your career. Judge McCabe, I would like you to answer first, 
followed by Mr. Krauthamer and Ms. Dayson. Judge McCabe.
    Mr. McCabe. Yes. Thank you, Mr. Chairman. I think I first 
became interested in working at the court when the new Family 
Court was created back in 2001 and 2002. As you may know, 
Senator, there was a special Family Court created here in the 
District of Columbia Superior Court at that time, and I was one 
of the first 10 Magistrate Judges to take on responsibility for 
children in foster care. So I think I first was attracted to 
the idea of working at the Superior Court because of that 
particular assignment.
    I had worked on cases involving children in foster care as 
an attorney with the Office of the Attorney General for a few 
years and felt very committed to that work, and so that really 
gave me a wonderful opportunity to continue that kind of work 
as a judicial officer. At this point in my career, after doing 
that work for several years, I am just really looking forward 
to the opportunity to have greater challenges and a greater 
variety in the types of cases that I can handle. As you may 
know, the Magistrate Judges have a much more limited 
jurisdiction in terms of which types of cases we can preside 
over, and I really think it would be a wonderful opportunity 
for me to get a little bit more variety in the type of matters 
that I can handle as an Associate Judge. I very much enjoyed 
the work as a Magistrate Judge.
    Senator Akaka. Thank you very much. Mr. Krauthamer.
    Mr. Krauthamer. Thank you, Mr. Chairman. My whole life as a 
lawyer has been dedicated to public service, and to public 
service in the District of Columbia, and I view the position of 
a judge along with holding public office as the highest form of 
public service that one can perform for his or her community.
    That is why I am seeking to become a judge in the Superior 
Court. I believe in helping people. I believe in helping my 
community. I believe in serving the people who live in my 
community and setting a good example for them. And I hope that 
I can do all of those things that I have set out to do. That is 
why I want to be a judge, sir.
    Senator Akaka. Thank you. Ms. Dayson.
    Ms. Dayson. Thank you, Mr. Chairman. As I mentioned, my 
professional career has been focused on helping individuals in 
times of crisis, and although I am eager to seek a new 
professional challenge, I would like one that is grounded in 
the values of helping litigants. And I believe that judges have 
a very important role to play by presiding over the matters 
that come before them fairly, efficiently, and respectfully, 
and in that way can help the community as well as the Bar of 
the District of Columbia, and that is why I am interested in 
becoming a judge.
    Senator Akaka. Thank you.
    Mr. Krauthamer, 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.
    Mr. Krauthamer. Thank you, Mr. Chairman. For approximately 
my whole legal career that spans 28 years, I have been a trial 
attorney. A trial attorney must think fast on his feet, must 
process information, must know the law, must know the 
procedures, and must act decisively for the client. I also have 
had the benefit of teaching evidence for 5 years when I was a 
professor at Howard University School of Law, and that has 
enabled me to master, as much as one can master, the Rules of 
Evidence as they apply in a courtroom. I believe that my 
thorough knowledge of how to litigate a case, how to prepare a 
case, the rules of evidence, and the court rules will enable me 
to make those decisions quickly, correctly, and, obviously, 
fairly.
    Thank you, Mr. Chairman.
    Senator Akaka. Thank you.
    Ms. Dayson, if confirmed, you may preside over cases 
arising under different areas of the law. How has your career 
prepared you to handle the wide range of legal issues you will 
confront?
    Ms. Dayson. Thank you, Mr. Chairman. I have been lucky 
enough to be a somewhat rare bird in the current legal field, 
which is somewhat of a general practitioner. I have worked on 
various aspects of the law, although I have obviously had 
concentrations mostly in criminal and family law. Especially in 
my role as outside counsel to small business and nonprofits, I 
have had to advise those clients on various issues in law, and 
I think that has given me a unique ability to recognize the 
holes in my knowledge. I think that is a very important skill 
to have for a judge entering a bench of general jurisdiction 
like the Superior Court, where you are obviously going to 
encounter many different areas of law over the course of your 
career. So I believe the ability to recognize those areas in 
which I need to educate myself has been a benefit to me and, if 
confirmed, would serve me well on the bench.
    I have also had the opportunity while clerking some time 
ago to see firsthand the excellent training programs that the 
Superior Court has to offer and would certainly, if confirmed, 
take advantage of those training programs, as well as the 
wisdom of my colleagues on the bench.
    Senator Akaka. Thank you very much.
    Judge McCabe, as an Associate Judge, you will be able to 
staff your own chamber and hire a law clerk. Please describe 
your management style and the type of chamber you hope to 
create.
    Mr. McCabe. Thank you, Mr. Chairman, and I will have to be 
careful in how I answer this question since a couple of my law 
clerks are present--former and present law clerks as well as 
administrative assistants, and they can feel free to correct me 
if I misstate what my style is. [Laughter.]
    I certainly think that my style in supervising staff would 
be similar to that in a courtroom. I try to be considerate of 
and respectful to all those that I am dealing with. Obviously, 
I want to hire folks who are very competent and enthusiastic 
about the work and as committed to it as I feel that I am. But 
I do not feel that there is anything in particular other than 
making sure I hire very well qualified and committed staff and 
treating them with respect and courtesy and keeping in mind 
their own ambitions and their career paths when dealing with 
them on a day-to-day basis.
    Senator Akaka. Thank you very much for your responses.
    This is my final question to the three of you. What do you 
think the biggest challenge will be in becoming an Associate 
Judge, and how do you plan to address that challenge? Ms. 
Dayson, I would like you to be first.
    Ms. Dayson. Thank you, Mr. Chairman. If confirmed, I 
believe that the biggest challenge I would face is simply to 
carry the values that I have had thus far to the bench, the 
values of service to the public, and to keep in mind that is 
what really underpins why we are on the bench. And I would hope 
to be able to meet that challenge by fairly and efficiently 
meeting the challenges that are brought before my court, if 
confirmed, being respectful of the litigants and the 
practitioners that appear before us, and as part of that 
respect, making sure that matters are handled in a timely 
manner. So that is how I would meet that challenge.
    Senator Akaka. Thank you. Mr. Krauthamer.
    Mr. Krauthamer. Thank you, Mr. Chairman. I believe probably 
the biggest challenge for me will be the shift from being an 
advocate to being a judge. All my life, I have been an advocate 
for a party. A judge is not an advocate for a particular party, 
must sit there and be impartial, and must balance that 
impartiality and that objectivity with compassion and with 
respect for the parties that appear before him, and that is a 
challenge that a good judge must face and must overcome. I 
believe that is my biggest challenge. I am confident in my 
abilities, and shifting the role from advocate to judge will be 
the greatest challenge that I believe I will face. Thank you.
    Senator Akaka. Thank you. Judge McCabe.
    Mr. McCabe. Mr. Chairman, I anticipate that, if confirmed, 
the challenges that I would face as an Associate Judge are 
similar to the ones that I have faced as a Magistrate Judge, 
and certainly there is always the opportunity to be a public 
servant and treat all the people in your courtroom with dignity 
and respect.
    I think probably the greatest challenge that I have found 
over the past 9 years is drawing the balance between trying to 
make sure that you handle cases expeditiously so that litigants 
and counsel are not left waiting for long periods of time, 
balancing the need for moving things quickly with the need also 
to make sure that you give each case thoughtful enough 
consideration and making sure that all parties have their 
matters heard and feel when they leave the courtroom, even if 
their side did not prevail, that at least their view and their 
position was heard and considered thoughtfully by the court.
    And that can sometimes be a challenge in the press of day-
to-day business with heavy caseloads, but it is something that 
I hope my experience over the last several years will serve me 
well in meeting that challenge if I am confirmed as an 
Associate Judge. Thank you.
    Senator Akaka. Thank you all for your testimony. There are 
no further questions at this time.
    This Committee is scheduled to vote on your nominations 
tomorrow. As such, the hearing record will remain open until 
the close of business today for Members of this Committee to 
submit additional statements or questions. Any additional 
questions will be submitted to you in writing.
    I want to note for the record that Paul Strauss is 
submitting a statement of support for all five nominations.\1\
---------------------------------------------------------------------------
    \1\ The prepared statement of Paul Strauss appears in the Appendix 
on page 138.
---------------------------------------------------------------------------
    I again want to thank Congresswoman Norton for taking the 
time to be with us today and supporting our nominees.
    It is my hope that the Senate will act quickly to confirm 
all of the nominees who appeared before the Committee this 
afternoon. I want to wish you well in your future and your 
service to D.C. and our country. So thank you very much, all of 
you.
    This hearing is adjourned.
    [Whereupon, at 3:17 p.m., the Committee was adjourned.]



                            A P P E N D I X

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