    [Senate Hearing 112-565]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 112-565

    NOMINATIONS OF WALTER M. SHAUB JR., KIMBERLEY S. KNOWLES, AND RAINEY R.
                                     BRANDT

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

                                    HEARING

                                   before the

                                  COMMITTEE ON
                   HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                              UNITED STATES SENATE

                          ONE HUNDRED TWELFTH CONGRESS

                                 SECOND SESSION

                                   __________

    NOMINATIONS OF WALTER M. SHAUB JR. TO BE DIRECTOR, OFFICE OF GOVERNMENT
       ETHICS; KIMBERLEY S. KNOWLES AND RAINEY R. BRANDT TO BE ASSOCIATE
               JUDGES, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

                                   __________

                                 JULY 20, 2012

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

                           Printed for the use of the
            Committee on Homeland Security and Governmental Affairs

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    76-064                    WASHINGTON : 2012
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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
                      Nicholas O. Trager, Staff Assistant
      Christine K. West, Counsel, Subcommittee on Oversight of Government
        Management, the Federal Workforce, and the District of Columbia
       Bryan G. Polisuk, 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
                             Friday, July 20, 2012

    Hon. Eleanor Holmes Norton, a Delegate in Congress from the
      District of Columbia...........................................     1
    Hon. James P. Moran, a Representative in Congress from the State
      of Virginia....................................................     3
    Walter M. Shaub Jr. to be Director, Office of Government Ethics:
        Testimony....................................................     5
        Prepared statement...........................................    20
        Biographical and financial information.......................    23
        Letter from the Office of Government Ethics..................    32
        Responses to pre-hearing questions...........................    33
    Kimberley S. Knowles to be an Associate Judge, Superior Court of
      the District of Columbia:
        Testimony....................................................    12
        Prepared statement...........................................    53
        Biographical and financial information.......................    54
    Rainey R. Brandt to be an Associate Judge, Superior Court of the
      District of Columbia:
        Testimony....................................................    13
        Prepared statement...........................................    70
        Biographical and financial information.......................    71
        Letters of Support...........................................    85

                      NOMINATIONS OF WALTER M. SHAUB JR.,
                           KIMBERLEY S. KNOWLES, AND
                                RAINEY R. BRANDT

                                  ----------

                             FRIDAY, JULY 20, 2012

                                         U.S. Senate,
                               Committee on Homeland Security
                                      and Governmental Affairs,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:30 a.m., in
    room SD-342, 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. Aloha and
    good morning to everyone. Thank you for your interest in this
    hearing. I believe this hearing will really make a difference
    for the District of Columbia.
        Today, the Committee on Homeland Security and Governmental
    Affairs meets to consider the nomination of Walter M. Shaub to
    be the Director of the U.S. Office of Government Ethics (OGE).
        On the second panel of today's hearing, we will consider
    the nominations of Rainey R. Brandt and Kimberley S. Knowles to
    be Associate Judges on the D.C. Superior Court.
        I would like to extend a warm welcome to our nominees and
    their families and their friends, and I look forward to their
    testimony today.
        Here to introduce the witnesses are two well known
    Congresspeople. We know they always have a busy schedule, so we
    certainly appreciate their presence here and their remarks
    about our nominees.
        I am glad to see and be able to introduce Congresswoman
    Norton, who always makes time to join us to introduce the D.C.
    judicial nominees. I appreciate her being here today. I am glad
    to see Representative Moran is here also.
        At this time, I would like to call Congresswoman Norton to
    please proceed with her remarks.

    STATEMENT OF HON. ELEANOR HOLMES NORTON, A DELEGATE IN CONGRESS
                     FROM THE DISTRICT OF COLUMBIA

        Ms. Norton. Thank you very much, Senator Akaka.
        I want to introduce two well-qualified candidates for our
    Superior Court of the District of Columbia.
        Before I do so, may I thank you, Senator, for the work you
    have done this year that has been of great assistance to the
    District of Columbia on our Superior Court bill, our Special
    Elections bill, and most recently the Budget Autonomy bill.
        You have always been indispensable to the city and you have
    certainly shown that this year. We very much appreciate it.
        The first of the two candidates is Kimberly Knowles, who is
    now a Magistrate Judge in the D.C. Superior Court. She came to
    that post after being Deputy Chief of the Sex Offense and
    Domestic Violence Section in the Office of the U.S. Attorney
    for the District of Columbia where she served in virtually all
    of its sections--appellate, general felony, community
    prosecution, major crimes, fraud and public corruption, and sex
    offense and domestic violence, where, of course, she became
    Deputy Chief.
        She began her career in Washington by clerking for Judge
    Eric Washington, who was then an Associate Judge of the D.C.
    Superior Court, the post for which she has been recommended,
    and is now the Chief Judge of the D.C. Court of Appeals.
        She prepared at Cornell University where she got her
    Bachelor's Degree and at Howard University School of Law where
    she got her law degree.
        Senator, the second nominee is Rainey Brandt. Ms. Brandt
    has a Ph.D. in sociology with a focus on criminal justice, in
    addition to her law degree from Catholic University.
        Dr. Rainey is now Special Counsel to the Chief Judge of the
    court for which she has been recommended, Judge Lee Satterfield
    of the D.C. Superior Court; and I believe he is here today.
        She has served in this role for each of the last three
    Chief Judges of our Superior Court and she clerked for two
    judges on our Superior Court.
        She has served also as an ombudsman to the justice
    community for prisoner and correctional issues. Dr. Brandt, in
    her roles in the Superior Court, has taken leadership for a
    decade on improving access to justice and to the administration
    of justice in our city.
        Among her many achievements were two successful fugitive
    safe surrender initiatives, which significantly reduced
    outstanding warrants. For her work in the administration of
    justice, she received an award given annually, the Council for
    Court Excellence Justice Potter Stewart Award.
        Dr. Brandt continues as an Adjunct Professor in the
    Department of Justice, Law, and Society at American University,
    where she was a full-time professor before coming to the
    Superior Court.
        She has engaged in many activities that have been of great
    assistance to our residents here in the District of Columbia.
        It gives me great pleasure to strongly recommend both of
    these nominees to you, Mr. Chairman.
        Senator Akaka. Thank you very much, Congresswoman, for your
    remarks. We really do appreciate it. I want to wish you well in
    your work here. Thank you.
        Now, I am delighted to welcome Congressman Moran to this
    hearing. I know he is a busy person as well so we do appreciate
    his remarks.
        Will you please proceed, Congressman.

    STATEMENT OF HON. JAMES P. MORAN, A REPRESENTATIVE IN CONGRESS
                       FROM THE STATE OF VIRGINIA

        Mr. Moran. Thank you very much, Mr. Chairman. It is an
    honor to testify before you, Senator Akaka, and it is a delight
    to be on the panel with my good friend Mrs. Norton, and to have
    the opportunity to introduce Walter Shaub.
        I know that Mrs. Norton and you and I have had an
    opportunity to travel around the world and observe the
    consequences of failed states and rampant corruption and how
    infectious, cancerous that can be on the entire body of the
    population.
        I know that all of us have reflected at times that
    Americans take for granted what they should be much more
    appreciative about, which is their own government, and that we
    have the most professional and the least corruptible large
    civil service in the world, and it is a civil service that
    should be highly respected and appreciated.
        Even though we read about all of them, it is, nevertheless,
    rare when we find corruption, fraud, and abuse in our Federal
    Government. But we cannot take it for granted. It may not be a
    unique feature of the American character.
        I wish it were so, but I think a lot of this is because of
    the vigilance and investment of people and resources to direct
    and oversee and demand accountability.
        The U.S. Office of Government Ethics' mission is ``to
    foster high ethical standards for Executive Branch employees
    and to strengthen the public's confidence.'' The government's
    business is conducted with impartiality and integrity, and I
    cannot think of anyone more qualified to oversee that mission
    than Walter Shaub.
        He has the experience, the integrity, and the confidence to
    fulfill the high expectations invested in the office. I will
    just briefly give you a quick summary of what he has been doing
    for just about the last 5 years.
        He has been Deputy General Counsel for the Senior Executive
    Service. He advanced the President's transition effort in 2008
    and 2009 by accomplishing the review of nearly 800 financial
    disclosure packages of candidates to appointments requiring
    Senate confirmation and senior White House staff.
        As a senior executive of the Office of Government Ethics,
    he drove the legal interpretation and policy for government
    ethics in the Federal Executive Branch.
        He coordinated with the Department of Justice's Office of
    Legal Counsel on presidential legal questions. He supported the
    Office of the Counsel to the President and the staffs of the
    Senate and House committees by providing guidance and technical
    assistance on a wide range of legal issues.
        He has negotiated a number of agreements with our staffs to
    prevent conflicts of interest. He has conducted training,
    advising agency ethics officials, supporting Inspector General
    investigations, and reviewing legal memoranda and letters for
    publication.
        He has been recognized for providing outstanding executive
    level leadership to the decentralized Executive Branch ethics
    programs.
        So, I am not going to use any more of my time other than to
    offer my heartfelt congratulations and to wish Mr. Shaub a true
    and steady course in his new responsibilities.
        I thank you for the honor of being able to testify before
    you, Senator Akaka.
        Senator Akaka. Thank you very much, Congressman Moran, for
    your service to our country and particularly the State of
    Virginia. I know you care deeply about these issues and our
    Federal workforce. I am happy that you were able to join us
    here today.
        Mr. Moran. Well, thank you for all you have done for the
    Federal workforce, incidentally. Invariably, the things that
    matter to the quality of life and the compensation of our
    Federal employees originate with you more often than not,
    Senator Akaka, and you have been kind. I want to thank you.
        Senator Akaka. Thank you. I want to wish you well in your
    continued service to the State of Virginia and this great
    country. So, thank you very much. And Congresswoman Norton,
    thank you.
        Mr. Shaub, we will be hearing from you soon. You spent most
    of your professional career in the Federal workforce, and I
    want to thank you for your service to our country.
        You have been employed for nearly 9 years at the Office of
    Government Ethics where you are currently the Deputy General
    Counsel. Prior to joining OGE, you worked as an attorney in the
    Offices of General Counsel at the Departments of Veterans'
    Affairs and Health and Human Services, and you practiced law in
    the private sector.
        So that is a quick summary of your background.
        Mr. Shaub, I understand that your wife and parents are here
    today, as well as your supporters and friends. I would like to
    give you an opportunity to acknowledge them at this time.
        Mr. Shaub. Thank you, Senator. My wife, Sheila, is sitting
    on my right.
        Senator Akaka. Welcome.
        Mr. Shaub. And my mother, JoAnn Shaub, and my father,
    Walter Shaub Sr., are next to her.
        Senator Akaka. You should be proud.
        Mr. Shaub. I am very glad they are here.
        Senator Akaka. Thank you. Aloha again and welcome. I am
    happy to see you here today in support of Mr. Shaub.
        In 1978, Congress passed the Ethics in Government Act,
    which established the Office of Government Ethics to foster
    high ethical standards and strengthen the public's confidence
    in government.
        OGE oversees Federal employee financial disclosures, trains
    thousands of Federal ethics officials governmentwide, sets
    enforceable ethics standards for employees, and reviews
    presidential nominees' financial disclosure reports.
        Mr. Shaub, this important position allows you to show the
    American people that ethical leadership begins at the top. It
    is crucial that you ensure that ethics regulations are followed
    and appropriate standards upheld.
        At its core, ethics in government requires that government
    decisions are determined by the public interest rather than any
    personal interest.
        Again, I look forward to your testimony here today. Mr.
    Shaub has filed responses to biographical and financial
    questionnaires and answered prehearing 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 is on file and available for public
    inspection in the Committee office.
        Our Committee rules require that witnesses at nomination
    hearings give their testimony under oath. So, therefore, I ask
    you to please stand and raise your right hand.
        Do you swear that the testimony that you are about to give
    to the Committee will be the truth, the whole truth, and
    nothing but the truth, so help you, God.
        Mr. Shaub. I do.
        Senator Akaka. Thank you very much.
        Let it be noted in the record that the witness answered in
    the affirmative.
        Mr. Shaub, will you please proceed with your testimony.

     TESTIMONY OF WALTER M. SHAUB JR.\1\ TO BE DIRECTOR, OFFICE OF
                           GOVERNMENT ETHICS

        Mr. Shaub. Chairman Akaka, I thank you for the opportunity
    to appear before you today.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Mr. Shaub appears in the Appendix on
    page 20.
    ---------------------------------------------------------------------------
        I am deeply honored that President Obama has nominated me
    to be the Director of the Office of Government Ethics. I have
    been part of OGE's leadership team for the past 6 years. OGE is
    a small agency with the big mission of making sure the public
    can have confidence in the government's impartiality.
        I have been asked why I want to take on the responsibility
    of leading this agency. My answer is that I am committed to the
    solid ethics program that sets America apart in preserving the
    integrity of government operations.
        I am an ardent believer in OGE's mission, and I want to
    expand my contribution to public service. I am a career civil
    servant who has come up through the ranks and knows the ethics
    program. I have worked collaboratively with agency ethics
    officials. I believe I know how to build consensus among them
    to make the ethics program even stronger and more efficient
    than it is now.
        In my current and past roles at OGE, I have worked to help
    the ethics program meet the challenges of increased
    transparency, accountability, and access that Americans expect
    from their government.
        I have worked with OGE's staff and agency ethics officials
    to make government ethics not merely an aspiration but concrete
    in terms of its effect on the government.
        Every day, some part of the ethics program that OGE
    oversees is at work in every agency in the Executive Branch. It
    is ensuring that ethics is a top priority for appointees as
    they begin government service. It is ensuring that public
    servants at all levels remain free from conflicts of interest,
    and even the appearance of conflicts of interest, as they do
    their jobs.
        It is ensuring that employees who are seeking to leave the
    government remain impartial in their government work, and after
    they leave, it is ensuring that they do not have undue access
    to their former agencies on behalf of others. Above all, it is
    working to protect the public's trust in government.
        I seek to lead OGE because I believe so strongly in all of
    these things. When I come to work each day at OGE, I know I am
    supporting a mission that cuts across the government and is
    part of the very bedrock foundation of public service. If
    confirmed as Director, I would welcome the opportunity to lead
    OGE in meeting the challenges that lie ahead.
        Mr. Chairman, I thank you again for your consideration of
    my nomination.
        Senator Akaka. Thank you very much for your statement and
    your intentions as well. 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. Shaub. No, there is not.
        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. Shaub. No.
        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. Shaub. I do.
        Senator Akaka. Thank you very much for your responses.
        Mr. Shaub, please discuss how your experience in Federal
    service and in particular your time at OGE have prepared you to
    serve as director, if confirmed?
        Mr. Shaub. To begin with, I would reflect on the Federal
    employees I have worked with over the 15 years I have been in
    Federal Government, and I believe I really know these
    individuals.
        I think I have worked with them in so many different
    capacities both while I was in the private sector and in the
    public sector, and I know these are people who want to do the
    right thing and who are hard-working.
        I also know that we need a strong ethics program to help
    them make the right choices and know what the rules are. Having
    worked at OGE for nearly a decade total, I have had an
    opportunity to work with OGE in its formulation of policy, its
    interpretation of laws, and its establishment of regulations.
        I have helped provide direct assistance to agency ethics
    officials in individual cases that they found challenging and
    sought OGE's assistance with.
        I have helped develop training tools and conduct training
    to assist them in doing their jobs and even reached out
    directly to the workforce of Federal employees with training
    products and guidance documents that were directed at them
    rather than just ethics officials.
        So, I believe this is a subject matter I know but also a
    community that I understand.
        Senator Akaka. Thank you. Mr. Shaub, I believe that the
    most important role of the Office of Government Ethics is to
    maintain the public's trust, as you have mentioned, in the
    Federal Government and the government employees.
        What can be done to improve the public's perception of the
    manner in which the Federal Government serves the American
    people?
        Mr. Shaub. Reaching out to the public is something that I
    would like to do. I think we need to publicize our successes as
    well as the things that make the news because the system broke
    down in individual cases. I think that there are a great many
    times when Federal employees are doing the right thing and
    working hard, and it goes unnoticed.
        I think also we can highlight that there are consequences
    when people do break the rules, and I think if we establish a
    habit of communicating both these successes and these
    enforcement actions, we can help the public understand what it
    is OGE does as an agency but also what it is that the broader
    Federal workforce does every single day they come to work.
        Senator Akaka. Thank you very much for mentioning
    communication because it is so important to realize that very
    often people do things because they do not understand the
    rules. Federal agencies need to communicate in such a way that
    people understand what is expected.
        Mr. Shaub, please discuss what you consider to be the
    greatest challenges facing OGE, and in particular, I would like
    to hear about how you will address challenges associated with
    the recent passage of the Stop Trading on Congressional
    Knowledge (STOCK) Act.
        Mr. Shaub. The STOCK Act right now is the immediate
    challenge that has been presented to us. It was passed just
    recently on April 4 and then signed by the President.
        We have been working very hard since the enactment of that
    statute. We have issued some guidance documents that are very
    thorough and address all of the issues that we could possibly
    think of coming up in the near future. We have worked with
    agency ethics officials to help identify areas where they may
    have questions or concerns; and we have tried to make our legal
    guidance comprehensive so that they will be able to then
    understand the statute well enough to translate it to all of
    the employees who are covered by it, particularly the 28,000
    people who file public financial disclosure reports who are
    going to be covered by some new reporting requirements.
        One of the biggest challenges the Federal Government's
    ethics program faces is translating some very complex legal
    requirements for employees on the front line of work of the
    Federal Government, and I think we do a very good job of that.
        We need to focus even more on this theme of communication
    and trying to find ways to speak to the front-line employees in
    ways that they can understand because I, again, believe that
    they want to do the right thing, but they need guidance they
    can understand to do it.
        We are continuing to work on developing the additional
    guidance and the technological capacity to do the additional
    requirements of the STOCK Act involving the development of a
    financial disclosure system that will be electronic and
    available to the public online so that they can see what the
    disclosures of the government officials are.
        In terms of other challenges, we face on a cyclical basis
    the challenge of processing presidential nominee reports, which
    involve the most senior level officials in the Federal
    Government, and it is just a simple matter of risk management.
        It is very important that we commit our resources to make
    sure that these individuals who have the most authority and
    power and responsibility in the government are acting ethically
    and we have resolved their conflicts of interest going into the
    job before they even begin.
        That job, in terms of the volume of work, increases every
    time there is an election, regardless of who wins. And so, we
    are gearing up to be able to handle an increased volume in the
    near future.
        We also face the same challenge that the Federal Government
    as a whole faces, which is succession planning as more and more
    of the workforce in the Federal Government is reaching
    retirement age.
        That affects the ethics program in the sense that ethics
    officials are going to be retiring and we have to have a
    workforce of trained ethics officials who can replace them and
    truly understand the laws and to capture as much institutional
    knowledge from the senior knowledgeable ethics officials who
    are going to be leaving.
        But it also affects us in terms of working with the Federal
    workforce that will soon see significant turnover, and we have
    to again communicate the ethics rules in terms that these new
    employees will be able to understand, as well.
        Senator Akaka. Well, thank you very much for that response.
    As you know, we have many different types of Federal workers,
    including those who are overseas; and sometimes those who are
    overseas wonder where they are within the system. But that is
    another kind of challenge.
        Mr. Shaub, as you know, the STOCK Act requires OGE to allow
    the general public to search Federal employees' financial
    disclosure reports online via an electronic filing system by
    October 2013.
        Recently, we have heard concerns that criminals and foreign
    intelligence services could take advantage of this information
    for other purposes. This may be a particular worry for Federal
    officials working in dangerous countries.
        What are your views on these concerns and do you believe
    Congress should consider modifying this requirement?
        Mr. Shaub. In the immediate term while we are working with
    the STOCK Act as drafted, we have been looking for ways to
    comply literally with the law and with the spirit of the law as
    well and to implement it fully, and at the same time we have
    been hearing these concerns, and we are listening to them. They
    are coming from a very broad range of Federal employee groups
    and outside groups who are concerned about this issue that the
    privacy of these individuals has been limited and information
    revealed on the Internet so that anybody can see it on a much
    larger scale than ever before.
        These have always been public reports, but it is an issue
    of magnitude. They are now going to be on the Internet broadly,
    and typically lower-level officials' reports do not actually
    get requested.
        Now they will be so freely available that there is thought
    that some people will be viewing them. The concern that we have
    been hearing is anything from identity theft to embarrassment
    to people fearing for the safety of their children to the
    extent that it reveals where they are at any point if they have
    certain assets that disclose things that would lead you to
    conclude where they are. But also overseas, we have been
    hearing serious concerns about safety.
        I know from international meetings that we have had that
    there are countries out there who are very concerned about even
    having public financial disclosure at all because of the
    conditions where they are, and we have employees who are over
    there in those countries.
        So, we do take that very seriously, and we are studying all
    of our authorities to see how we can comply with the law and
    also provide some basic protections for the employees whose
    forms are being accessed.
        If the STOCK Act were changed to provide additional
    protections for these employees, I would definitely be in favor
    of that revision because I think we can strike a balance
    between privacy and safety and make things publicly available
    enough to help the public understand the financial motivations
    and interests of its leaders.
        Senator Akaka. Well, thank you very much. I was happy to
    see in your answers to the Committee's pre-hearing questions
    that one of your priorities, if confirmed, will be to increase
    OGE's direct engagement with the agencies, particularly those
    overseas.
        I would like to hear more about how you intend to
    accomplish this and why you believe that a greater level of
    engagement would improve agency ethics programs governmentwide.
        Mr. Shaub. I think that it is very important that the
    Federal Government has a decentralized ethics program, and this
    was a very well thought-out decision by Congress way back in
    1978, as you mentioned, at the beginning of the current ethics
    program.
        This enables agency ethics officials to really understand
    the operations of their agency, know their missions, and
    actually know what is really going on out at those agencies.
        A check on each agency operating completely independently,
    though, is the Office of Government Ethics, which exists partly
    to provide uniformity to the ethics program and a consistent
    level of quality.
        I do not think we can achieve that if we are not spending
    time with these agency ethics officials and really
    understanding the challenges that they face, the issues that
    they face and maybe identifying areas where they are confused
    or their procedures could be improved if we have not made the
    issues clear enough to them with our legal analysis.
        I think that by targeting agency ethics officials for
    increased numbers of meetings and forming working groups on
    issues, we can roll up our sleeves and actually work together
    on things, some of which we have begun doing more recently, and
    I would like to continue in that direction.
        Along the same lines, I feel that if we make an appearance
    by interacting with the leadership of the agencies and helping
    agency ethics officials forge connections where they can have
    access to the leadership and make sure that their concerns are
    being listened to and maybe they are involved even before
    decisions are made to prevent conflicts of interest in advance,
    we can achieve an effect far broader than if we simply targeted
    only individual employees.
        That being said, I think we also have to have some
    interaction with the individual employees by creating training
    products that they can use. An example of that is, we created a
    6-minute video in July for the 28,000 public filers to help
    them understand the new requirements of the 30-day transaction
    reports under the STOCK Act.
        Senator Akaka. Well, thank you very much.
        We have discussed a number of issues here today, and it is
    clear from your answers that this is a subject that you care
    about very deeply.
        I would like to know what you hope your legacy will be
    after your service as the OGE director? Stated a little
    differently, what is it that you would like people to remember
    about your tenure as the Director?
        Mr. Shaub. The end result that I would like to achieve is
    an increased awareness and appreciation of an ethnical culture
    in all of the agencies, which is always difficult to measure
    but I think we can look at the concrete aspects of agency
    programs and the qualitative analysis of their commitment to
    ethics and the types of things they have done in support of
    ethics.
        On a personal level, if I am confirmed, I would like to be
    remembered as somebody who is deeply and personally engaged
    with the agencies in their work and not standing separate as an
    independent force just identifying legal issues and analyzing
    them in a vacuum without working closely with the ethics
    community.
        I think the ethics community right now is comprised of some
    absolutely fantastic individuals who do incredible work on a
    daily basis and really have made a strong impact on their
    agencies, and by working very closely with them, I am hoping I
    can even increase their impact on their agencies in building an
    ethical culture.
        Senator Akaka. Thank you for reflecting on that.
        Let me add that things have changed. When you look back at
    the laws and administrative policies, some of them are
    outdated. We need to update them as we go along.
        This Committee would appreciate any recommendations about
    what can be done to help you make sure that the rules are more
    understandable and clear. Large-scale reforms would require a
    huge effort, but we need to think about it.
        I want to thank you for your testimony and your responses,
    Mr. Shaub.
        At this time, I have no further questions. The hearing
    record will remain open until the close of business on Monday,
    July 23, for Members of this Committee to submit additional
    statements or questions. Any additional questions will be
    submitted to you in writing.
        So again, I thank you very much for being here today and
    for helping us know you better. I hope we can work rapidly on
    your confirmation.
        Mr. Shaub. Thank you, Chairman Akaka.
        Senator Akaka. Thank you very much and thank you for having
    your family here with us.
        I want to welcome the second panel of today's hearing. We
    will consider the nominations of Rainey Brandt and Kimberley
    Knowles to be Associate Judges of the District of Columbia
    Superior Court.
        The Committee consistently receives excellent judicial
    candidates, nominated by the President from those recommended
    by the nonpartisan Judicial Nomination Commission.
        Judge Knowles is a Magistrate Judge at D.C. Superior Court.
    Before that, she spent a number of years as an Assistant U.S.
    Attorney.
        Ms. Brandt is Special Counsel to the Chief Judge of D.C.
    Superior Court, a position she has held since 1998. She also is
    an adjunct professor at American University.
        I want to note that the Committee received letters of
    support for Ms. Brandt's nomination from the following D.C.
    Superior Court judges:
        Chief Judge Lee Satterfield, Retired Chief Judge Rufus
    King, Senior Judge Stephanie Duncan-Peters, Associate Judge
    Anthony Epstein, and Associate Judge Lynn Leibovitz.
        Letters of support were also submitted by the D.C. Court of
    Appeals Associate Judge Anna Blackburne-Rigsby, John Clark,
    Kenneth Wainstein, Bradley Weinsheimer, and the Bar Association
    of the District of Columbia.
        Each of these letters will be included in the hearing
    record.\1\
    ---------------------------------------------------------------------------
        \1\ The letters of support for Ms. Brandt appear in the Appendix on
    page 85.
    ---------------------------------------------------------------------------
        I believe the nominees have much to offer to the D.C.
    Superior Court and, if confirmed, will join others who have
    appeared before us in making valuable contributions to the
    District's judicial system.
        Judge Knowles, I understand that this hearing conflicts
    with your family's vacation so they could not be here with us
    today. Although they are not here, I would like to give you an
    opportunity to acknowledge them and your friends if you would
    like to do so.
        Ms. Knowles. Thank you, Mr. Chairman.
        My family is watching from Disney World, but I am happy to
    be here and to interrupt my vacation for this purpose.
        I have a number of colleagues from D.C. Superior Court and
    former colleagues from the U.S. Attorney's Office, as well as
    friends who are here acting as my family today. Thank you.
        Senator Akaka. Thank you. Well, give my Aloha to the
    family. Ms. Brandt you have family and friends here as well. I
    would like to give you an opportunity to introduce them. So,
    please feel free to do so at this time.
        Ms. Brandt. Thank you, Senator.
        I am proud to have my mother, Eloise Ransom, here. My
    husband, Deputy Chief U.S. Marshal Robert Brandt; and my
    sister, Nona Ann Ransom, who we all affectionately call
    Cricket.
        There are also a number of Superior Court judges here to
    support my nomination, too many to name, but I would like to
    take this opportunity to acknowledge Chief Judge Lee
    Satterfield; former Chief Judge Rufus King; Judge Russell
    Canan, who is the present Presiding Judge of the Criminal
    Division; Judge Melvin Wright, who is the current presiding
    judge of the Civil Division; and Judge Stephanie Duncan-Peters,
    who is the former Presiding Judge of the Civil Division.
        Also there are a number of friends, former students, and
    colleagues from the Department of Justice and American
    University here, among them U.S. Marshal for the District of
    Columbia Superior Court Michael Hughes and Assistant D.C. Chief
    of Police Michael Anzallo.
        I am grateful for all the support, guidance, and love that
    they have given me. Thank you.
        Senator Akaka. Thank you very much and I want to welcome
    your family as well, especially your mother. We are always glad
    to see the loved ones as well as the supporters who are here.
        Each nominee has filed responses to a biographical and
    financial questionnaire submitted by the Committee. So, 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, will you please at this time stand and raise your right
    hand.
        Do you swear that the testimony you are about to give the
    Committee is the truth, the whole truth, and nothing but the
    truth, so help you, God?
        Ms. Knowles. I do.
        Ms. Brandt. I do.
        Senator Akaka. Thank you. Please note in the record that
    the witnesses answered in the affirmative.
        Judge Knowles, will you please proceed with your statement.

    TESTIMONY OF KIMBERLEY S. KNOWLES \1\ TO BE AN ASSOCIATE JUDGE,
               SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

        Ms. Knowles. 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 Superior
    Court of the District of Columbia.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Ms. Knowles appears in the Appendix
    on page 53.
    ---------------------------------------------------------------------------
        I would like to thank the District of Columbia Judicial
    Nomination Commission, chaired by the Hon. Emmet G. Sullivan,
    for recommending me to the White House, and I am also thankful
    to President Barack Obama for his nomination for this position.
        I would also like to thank Congresswoman Norton for taking
    the time to introduce me at this hearing today. I also am
    appreciative of this Committee for considering my nomination so
    expeditiously.
        Unfortunately, as I noted earlier, my family is unable to
    attend today's hearing, as they are away on a vacation, and I
    will rejoin them immediately after this hearing. They are my
    greatest supporters, and I would like to acknowledge them: My
    son, Cameron Knowles; my brothers, Alex and Nigel Knowles; my
    sister-in-law, Arlene Knowles; and my nephews, Devin and Sean
    Knowles.
        I would also like to recognize my late parents, Philmore
    and Ita Knowles, whose hard work and many sacrifices put me in
    a position to be able to sit before you today.
        I also wish to acknowledge Chief Judge Eric T. Washington
    of the District of Columbia Court of Appeals and Chief Judge
    Lee F. Satterfield of the District of Columbia Superior Court
    for their leadership, guidance, and support.
        Finally, I would like to thank my many friends and current
    and former colleagues who have supported me over the years,
    some of whom are present today.
        I was born and raised in Bronx, New York. I moved to
    Washington, DC, to attend Howard University School of Law and
    never left because I fell in love with the city and the
    community.
        My entire legal career has been dedicated to serving the
    District of Columbia community--first as a judicial law clerk
    in the D.C. Superior Court; then for 12\1/2\ years in the U.S.
    Attorney's Office for the District of Columbia; and now as a
    Magistrate Judge in the D.C. Superior Court.
        I hope to continue my service to the District of Columbia
    as an Associate Judge of the D.C. Superior Court. I am honored
    to be considered for this esteemed position, especially in the
    court where I have practiced my entire career.
        I thank you for your consideration of my nomination, and I
    look forward to answering your questions. Thank you.
        Senator Akaka. Thank you very much, Ms. Knowles, for your
    statement.
        Ms. Brandt, will you please proceed with your statement.

      TESTIMONY OF RAINEY R. BRANDT \1\ TO BE AN ASSOCIATE JUDGE,
               SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

        Ms. Brandt. Thank you. Mr. Chairman and Members of the
    Committee, thank you for the opportunity to appear here today
    at this confirmation hearing for my nomination to be an
    Associate Judge of the Superior Court of the District of
    Columbia. It is indeed an honor and a privilege.
    ---------------------------------------------------------------------------
        \1\ The prepared statement of Ms. Brandt appears in the Appendix on
    page 70.
    ---------------------------------------------------------------------------
        I would like to thank the Judicial Nomination Commission,
    particularly its chair, Judge Emmet Sullivan, for recommending
    me to the White House and President Barack Obama for nominating
    me.
        I also wish to express my appreciation to the Committee
    Members and staff who have been most courteous and professional
    throughout this process.
        Finally, special thanks to Congresswoman Eleanor Holmes
    Norton for taking the time out of her busy schedule to
    introduce me.
        My entire career has been devoted to public service, the
    law, and improving the administration of justice. It began 21
    years ago as a professor teaching justice and law to the
    students of American University where I have taught ever since.
    It is one of my great satisfactions in life that my students
    still reach out to let me know how my classes inspired them to
    enter public service and make a difference.
        As a judge, I hope to continue to be a role model for
    others while ensuring that the rights of all who come before me
    are respected and protected.
        For 14 years at the D.C. Superior Court as Special Counsel
    to the Chief Judge, I have provided counsel, advice, and
    training to nearly all of our judges and countless attorneys on
    a broad range of legal issues from bond reviews to trial
    logistics to sentencing options.
        My job puts me in day-to-day contact with judges seeking my
    advice on how to work through practical realities facing them
    in the courtroom from issues of substantive law, to procedural
    issues, to managing challenging and unexpected courtroom
    situations.
        I have also worked diligently within the Court to make sure
    that its processes and rules are fair and understandable for
    those persons who appear before the court: Lawyers and their
    parties, self-represented persons, the accused, victims, and
    their families.
        I believe that my hard work, creativity, and commitment to
    the Court, along with that of so many of my dedicated
    colleagues, have helped to improve access to justice for all
    who come to the court daily seeking to be heard and to solve
    the difficulties that brought them to us.
        I have been fortunate to experience the justice system from
    a variety of perspectives, and if confirmed, I will bring those
    skills and experience to the bench in order to continue
    furthering the court's mission of being open to all, and
    trusted by all, while providing justice for all. Thank you.
        I will be pleased to respond to any questions you or other
    Committee Members might have.
        Senator Akaka. Thank you very much, Ms. Brandt.
        I will begin with the standard questions that this
    Committee asks of all nominees. I would like both of you to
    answer each question.
        Is there anything that you are aware of in your background
    that might present a conflict of interest with the duties of
    the office to which you have been nominated?
        Ms. Knowles. No, Mr. Chairman.
        Ms. Brandt. No, Mr. Chairman.
        Senator Akaka. Do you know of anything personal or
    otherwise that would in any way prevent you from fully and
    honorably discharging the responsibilities of the office to
    which you have been nominated?
        Ms. Knowles. No, Mr. Chairman.
        Ms. Brandt. 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. Knowles. Yes, Mr. Chairman.
        Ms. Brandt. Yes, Mr. Chairman.
        Senator Akaka. Thank you very much for those answers.
        I commend both of you for making a decision to continue
    public service to District residents. Please elaborate on why
    you are seeking appointment to become an Associate Judge at
    this point in your career?
        Judge Knowles, I would like for you to begin, followed by
    Ms. Brandt.
        Ms. Knowles. Thank you, Mr. Chairman.
        Well, I decided very early in my legal career that public
    interest and public service was what was best for me.
        I realized that waking up in the morning to go to work I
    needed to feel like I was going to be affecting and helping
    somebody whether they knew that I was helping them or not.
        The other strong interest that I have always had has been
    in the courtroom and trial work. I decided that a very long
    time ago before I even went to law school, before I went to
    college.
        So, combining those two things, that is the reason why I
    went to the U.S. Attorney's Office to be able to be in the
    courtroom, to see trial work, and to serve the public. That is
    why I spent 12\1/2\ years at the U.S. Attorney's Office. That
    is also why I sought a position as a Magistrate Judge.
        I believe that seeking a position now as an Associate Judge
    will allow me to continue my public service, continue my love
    of being in the courtroom and the trial work, but give me more
    variety.
        As a Magistrate Judge, there is a limited jurisdiction.
    Associate Judges have an opportunity to handle many more cases,
    more issues; and so, that would expand my horizons while still
    meeting the needs that I have by waking up every morning and
    serving the public.
        Senator Akaka. Thank you. Ms. Brandt.
        Ms. Brandt. Thank you for the question, Senator.
        For me, the answer is quite simple. My whole life has been
    dedicated to public service, and joining the bench as a judge
    would simply allow me to continue providing service to the
    public. A judge gets to play a different role in public
    service, protecting the public, vulnerable children, and
    victims.
        So, it would be a great way for me to remain at D.C.
    Superior Court and continue the public service that I have
    given to that court and its citizens over the past 14 years.
        Senator Akaka. Thank you very much.
        Ms. Brandt, although you have spent your entire legal
    career at the D.C. Superior Court and no doubt understand its
    rules and procedures very well, some may have concerns that you
    do not have litigation experience.
        Please discuss how your knowledge and experience qualify
    you to be an Associate Judge.
        Ms. Brandt. Thank you for the question, Senator Akaka.
        For the past 14 years, I have advised, counseled, and
    trained judges in my current position as Special Counsel to the
    Chief Judge. Daily, judges come to me seeking advice and
    counsel on how to handle a variety of issues at a fast pace.
        My years of experience at the court and exposure have
    allowed me to do a number of things that have put me in a good
    position to understand up close and personal what the job of a
    judge actually entails.
        It should be noted that I have, in my capacity at the
    courthouse, trained over 100 judges and magistrate judges
    during that time on both practical situations and substantive
    law.
        Additionally, the 21 years that I have spent teaching law
    at American University have given me the foundation from which
    I have been able to educate others.
        On a personal note, because my job at D.C. Superior Court
    is a unique one, I can understand that the title, Special
    Counsel to the Chief Judge, does not necessarily say what all I
    do every day. But, on a personal level, the support that I have
    from the number of judges who are here and the ones who are
    back at the court dealing with the everyday press of business
    means the world to me because those judges know what I do on a
    daily basis and can speak as well as I can to the types of
    issues that make me qualified to be an Associate Judge at D.C.
    Superior Court.
        I could go on and on, but I will stop rambling now.
        Senator Akaka. Thank you.
        Judge Knowles, you have extensive criminal law experience
    as an attorney and Magistrate Judge. If confirmed, you may
    preside over cases arising under many different areas of the
    law.
        How has your career prepared you to handle the wide range
    of legal issues you will confront?
        Ms. Knowles. Thank you, Mr. Chairman.
        It is accurate that I have spent most of my career working
    on criminal law issues. However, I have done many different
    things within criminal law.
        I primarily worked in sex offense and domestic violence,
    but I prosecuted narcotics offenses. I did fraud and public
    corruption. I did a number of different kinds of cases.
        Currently, in my position now, I am handling traffic
    matters, which I have never done before. Although it is
    criminal, it is different.
        And so, the way that I envision being prepared for any
    other assignment, for example in civil or in family law, if I
    am confirmed and then assigned to those divisions, is to
    immerse myself in the law, which is what I learn how to do as a
    prosecutor.
        As I told many attorneys who I supervised, when in doubt,
    refer to the law. So, I will read the law. I will study. I will
    research the case law and get a fundamental knowledge.
        Also, I am lucky to be at the D.C. Superior Court where
    they have an excellent training committee, so I will consult
    with the training committee, and I am sure I would get base
    knowledge from the training committee. And then, there is a
    wealth of knowledge through all of the judges who are already
    on the court.
        So, as a prosecutor, I learned you have to find the answer,
    and I am not afraid of the fact that I do not know all of the
    answers as long as I am willing to find the answer, which is
    what I learned how to do as a prosecutor. Thank you.
        Senator Akaka. Thank you, very much.
        Ms. Brandt, as a judge, you may have litigants appear
    before you who do not have attorneys and may not fully
    understand the law and procedure.
        What do you believe the proper role is for a judge in
    helping litigants access information they may need to present
    their cases?
        Ms. Brandt. Thank you for the question, Senator Akaka.
        I would like to start by saying in January of this year,
    our Canons of Judicial Ethics were revised to address just this
    issue in specificity whereby now the judges have a
    responsibility of making sure that people who come before them
    who are self-represented have reasonable access and
    understanding of the process.
        And, to that end, while the Canon dictates and gives a
    number of examples from which a judge can use to make sure that
    a person clearly understands the procedures, I believe it is
    also incumbent on a judge to make sure that he or she speaks
    effectively, looks the individual in the eye, and explains the
    entire process, no matter how small a detail is, to that
    individual so that he or she has full understanding of what is
    happening and how it will affect him or her.
        Senator Akaka. Thank you.
        Judge Knowles, as you know from your time at the D.C.
    Superior Court, judges must often handle heavy caseloads.
    Please describe how you would balance the need to move
    efficiently through cases while ensuring that all cases receive
    thoughtful consideration.
        Ms. Knowles. Well, I am lucky in that I am in the unique
    position where I handle that now. I have a large case load each
    day, and some days I handle issues that take a little bit more
    time.
        If confirmed as an Associate Judge, I would endeavor to
    handle each case one at a time. When I realize there is an
    issue that has come up in a case that may need a little bit
    more time, that I need the time to research, I will take the
    time to tell the parties I need them to come back later in the
    afternoon, but not rush the case because that will not be good
    for anybody's case.
        So, I think it is a great challenge that all judges have
    whether they are seasoned judges or new judges. It is a great
    challenge to have to balance looking at the cases and taking
    the time to spend on all the issues.
        First, is moving a crowded docket, but I think it just has
    to be done. I cannot articulate how that is done. It is a
    matter of going case by case, and when there is an issue that
    has to be looked at, if there is an issue that I do not know
    the answer to, it is taking the moment to say, I have to pass
    this case, and looking at the issue.
        So, not rushing through the case because that is not fair
    to the litigants. It is not fair to the other litigants and
    parties who are sitting in the courtroom.
        So, taking the time that I need is what I would do.
        Senator Akaka. Thank you.
        What do you think is the biggest challenge you will have in
    becoming an Associate Judge and how do you plan to address that
    challenge?
        Ms. Brandt, I would like you to answer first, followed by
    Judge Knowles.
        Ms. Brandt. Thank you very much, Senator Akaka, for that
    question.
        For me, that is a two-fold answer. The first is that I will
    have to learn how to let go of the current responsibilities
    associated with my current role so that I can focus on the
    responsibilities that come with being a judge.
        Unlike other nominees who are coming to the bench from
    outside agencies, I will remain in close proximity with people
    to whom I have provided advice and assistance for many years.
        The second thing that comes to mind is the fact that there
    are certain areas of the law that I am less familiar with than
    others. While I have a significant foundation in criminal law,
    matters dealing with civil and family court are less familiar
    to me.
        So, like any new judge who moves into a new division, along
    with reading and learning the law, I will take part in the
    judicial training program, which is rigorous and focused on
    getting judges very familiar with the areas of the law that
    they might be less familiar with.
        So, a combination of those two things. That hopefully
    addresses your question. Thank you.
        Senator Akaka. Thank you. Judge Knowles.
        Ms. Knowles. Thank you, Mr. Chairman.
        I think I started to answer that question in my last
    response. One of the great challenges I think is, in fact,
    balancing the need to move a heavy docket and caseload and
    giving each case or issue the time that it deserves.
        I think also another important issue and challenge will be
    being an efficient Associate Judge, if, in fact, I am
    confirmed.
        I want to be respectful. I would want to be respectful of
    everyone's time--the litigants, attorneys, parties, and court
    personnel--understanding that there are, on a daily basis,
    pleadings, requests, and administrative procedures that are
    presented to a judge each day in chambers, and that means that
    there are attorneys, parties, and court personnel who are all
    waiting for that decision so that they can progress with
    whatever it is they need to do.
        And so, I want to learn to balance all of those things so
    that I can keep the process moving. There is a lot that has to
    happen for the court house to work efficiently. So, making sure
    that I am efficient so that everybody else can continue on and
    being respectful of everybody's time and efforts is something
    that I think will also be a challenge but one that I believe
    that I can meet. Thank you.
        Senator Akaka. Thank you. I want to thank you both for your
    testimonies. There are no further questions from me at this
    time. I want to thank all of our witnesses for appearing before
    the Committee today.
        The hearing record will remain open until the close of
    business Monday, July 23, for Members of this Committee to
    submit additional statements or questions. Any additional
    questions will be submitted to the appropriate nominee in
    writing.
        I also want to thank Congressman Moran and Congresswoman
    Norton for taking their time to be with us this morning and
    adding to the record of our witnesses.
        It is my hope that the Senate can act quickly to confirm
    all three of the nominees we have heard today.
        This hearing is adjourned.
        [Whereupon, at 11:40 a.m., the Committee was adjourned.]

                                A P P E N D I X

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