[Senate Hearing 112-648]
[From the U.S. Government Publishing Office]
S. Hrg. 112-648
NOMINATION OF ROBERT D. OKUN
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
__________
NOMINATION OF ROBERT D. OKUN TO BE AN ASSOCIATE JUDGE, SUPERIOR COURT
OF THE DISTRICT OF COLUMBIA
__________
NOVEMBER 20, 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
Christine K. West, Staff Director, 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
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Opening statement:
Page
Senator Akaka................................................ 1
Prepared statements:
Senator Akaka................................................ 9
WITNESSES
Tuesday, November 20, 2012
Hon. Eleanor Holmes Norton, a Delegate in Congress from the
District of Columbia:
Testimony.................................................... 1
Robert D. Okun to be an Associate Judge, Superior Court of the
District of Columbia:
Testimony.................................................... 3
Prepared statement........................................... 10
Biographical and financial information....................... 11
NOMINATION OF ROBERT D. OKUN
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TUESDAY, NOVEMBER 20, 2012
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:36 p.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 now come to order.
Aloha and welcome to everyone here today. The Committee on
Homeland Security and Governmental Affairs meets to consider
the nomination of Robert Okun to be an Associate Judge of the
District of Columbia Superior Court.
I am always happy to see my good friend from the District
of Columbia who is here to introduce our nominee. I would like
to welcome her with much aloha to this Committee. I tell you,
Congresswoman Norton, it has really been a great pleasure to
work with you. You have helped D.C. so much over the years. It
is not a bad word, but she is a legend in D.C.
So, Congresswoman Norton, will you please proceed with your
introduction.
TESTIMONY OF HON. ELEANOR HOLMES NORTON, A DELEGATE IN CONGRESS
FROM THE DISTRICT OF COLUMBIA
Ms. Norton. Well, I thank you, Senator Akaka. It is you who
have done so much for the District of Columbia and for our
country over the years, and I cannot thank you enough for that,
as I do every time when I come, but especially this year.
Senator Akaka. Thank you.
Ms. Norton. Today, I am here to introduce Robert Okun for a
seat on the Superior Court of the District of Columbia.
Now, Mr. Okun is particularly well qualified for that seat,
in my judgment. He has a very well-rounded legal career, much
of it spent in the U.S. Attorney's Office here in the District
of Columbia. He currently is the Chief of the Special
Proceedings Division of that office, where he oversees all
post-conviction motions. That is like the motion to vacate
sentences, for example, and many other similar motions. He has
been Executive Assistant U.S. Attorney for Operations, and that
post gave him oversight over all the litigating divisions of
the U.S. Attorney's Office.
Mr. Okun has spent 21 years in criminal litigation,
including 14 years as a supervisor for other attorneys in
criminal litigation. He has many years in civil litigation. He
was a trial attorney in the Fraud Section of the Civil Division
of the Department of Justice.
He has served for 6 years, in addition, as a hearing
officer for our own District of Columbia Board of Professional
Responsibilities, which hears allegations against members of
the District of Columbia Bar.
Now, Mr. Okun should know the Superior Court well, for he
clerked on that court for Associate Judge Frank Schwelb.
Mr. Okun is a graduate of Harvard Law School, Cum Laude,
and the University of Pennsylvania, Magna Cum Laude.
I am very pleased to recommend him highly to you, Mr.
Chairman, and appreciate your hearing him today.
Senator Akaka. Well, thank you very much, Congresswoman
Norton. As I said, I have thought of you as the one who has
done so much for the District of Columbia. You know that I am
retiring in a few weeks, so this will be our last nomination
hearing together. You have been a great partner in our work to
improve the District and have been, what else can I say, a
zealous advocate for its residents for 22 years, and I am still
counting. I want to thank you for all you have done and wish
you well in the work that is ahead of you.
We understand that you have a busy schedule, and I
appreciate your being here today. But I want to reach out and
say, God bless you and your family and wish you well in all you
do.
Ms. Norton. Well, I thank you, Mr. Akaka, and your decision
to leave your service here in the Senate leaves for the
District of Columbia a hole in our heart and a big hole in the
chair where you sit. Thank you very much.
Senator Akaka. Thank you very much. I wish you well.
After hearing Congresswoman Norton and reading about him, I
believe that our nominee is well-qualified and will join the
others who have appeared before us in making valuable
contributions to the D.C. bench. I recognize some of you here
today.
Mr. Okun is Chief of the Special Proceedings Division of
the U.S. Attorney's Office for the District of Columbia, and he
is a dedicated public servant with years of criminal and civil
law experience.
Mr. Okun, I understand that, and looking at the number of
people here, your family and friends are here. I would like to
give you an opportunity to introduce them at this time to the
Committee.
Mr. Okun. Thank you, Mr. Chairman.
I would like to introduce the members of my family who are
here today: My father-in-law, Irving Korostoff; my mother-in-
law, Ethel Korostoff; my cousin, David Okun, and his wife,
Sheila Reiser Okun, and their son, Justin Okun; my sister,
Ellen Okun, and my brother-in-law, Donald Zack; my niece,
Elizabeth Zack, and my nephew, Andrew Zack; my son, Eli, and my
daughter, Julia; and last but not least, my wife, Sue, who has
been my biggest source of support and guidance during the
entire judicial nomination process.
Senator Akaka. Well, thank you very much. I know we have
other judges here, and I look upon them as supporters of your
nomination.
Without question, I know that your loved ones are very
proud of your accomplishments and your nomination to the D.C.
Superior Court. I am sure that they will continue to be a
source of support as you embark on this new chapter of your
career.
Our nominee has filed responses to a biographical and
financial questionnaire submitted to him by the Committee.
Without objection, this information will be made part of the
hearing record, with the exception of the financial data, which
will be kept on file and made available for public inspection
in the Committee office.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath. Therefore,
at this time, I ask you to please stand and raise your right
hand.
Do you 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?
Mr. Okun. I do, Mr. Chairman.
Senator Akaka. Thank you. Please note for the record that
the witness answered in the affirmative.
Mr. Okun, it is great to have you here. We would like to
hear from you, so please proceed with your statement.
TESTIMONY OF ROBERT D. OKUN \1\ TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Okun. Thank you, Mr. Chairman. Mr. Chairman and Members
of the Committee, thank you for giving me the opportunity to
appear before you today as you consider my nomination to be an
Associate Judge of the Superior Court of the District of
Columbia.
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\1\ The prepared statement of Mr. Okun appears in the Appendix on
page 10.
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I would like to thank the Judicial Nomination Commission
and its Chair, Judge Emmet Sullivan, for recommending me to the
White House, and I would like to thank President Obama for
nominating me. I also would like to thank Congresswoman Norton
for taking the time out of her busy schedule to introduce me at
the hearing today. In addition, I would like to express my
appreciation to the Committee Members and to the Committee
staff for their hard work and for considering my nomination so
expeditiously.
I have already introduced the members of my family who are
here today, and I am grateful that they could be here with me
on this occasion. But I also would like to recognize two people
who are not here with me today, and that is my late parents,
Bill and Judy Okun, who would be very pleased to see me sitting
here today and without whom I would not be sitting here.
Finally, I would like to acknowledge Chief Judge Lee
Satterfield of the Superior Court, Chief Judge Royce Lamberth
of the U.S. District Court, and my many friends and colleagues,
some of whom are here today, and to thank them for all their
support and kindness over the years.
My entire career has been devoted to public service, and
the majority of my career has been specifically dedicated to
serving the people of the District of Columbia. In fact, I
started my legal career as a judicial law clerk in the Superior
Court of the District of Columbia, serving as a law clerk for
the Hon. Frank E. Schwelb, who, I am happy to say, is in
attendance at today's hearing.
I also spent a significant portion of my career as a
consumer protection attorney, first at the Federal Trade
Commission, and then at the U.S. Department of Justice.
Last but not least, I have served as a prosecutor for
almost 19 years in the U.S. Attorney's Office for the District
of Columbia, litigating a wide variety of cases in both
Superior Court and the U.S. District Court.
It would be a privilege and an honor for me to continue my
public service and my commitment to the citizens of the
District of Columbia as an Associate Judge of the Superior
Court.
Thank you again for considering my nomination, and I look
forward to answering any questions you may have.
Senator Akaka. Thank you very much, Mr. Okun.
I will begin with the standard questions this Committee
asks of all nominees, and I would like you to answer each
question.
Is there anything you are aware of in your background that
might present a conflict of interest with the duties of the
office to which you have been nominated?
Mr. Okun. No, Mr. Chairman.
Senator Akaka. Do you know of anything, personal or
otherwise, that would prevent you from fully and honorably
discharging the responsibilities of the office to which you
have been nominated?
Mr. Okun. 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. Okun. Yes, Mr. Chairman.
Senator Akaka. Thank you very much for those answers.
I have a few questions. First, I want to commend you for
seeking this nomination to continue a life of public service,
which you said you are committed to. Why would you like to
become an Associate Judge at this point in your career, and
what contributions do you hope to make if you are confirmed?
Mr. Okun. Well, Mr. Chairman, there are many reasons I
would like to become an Associate Judge at this point in my
career, but the main one is that it would give me the
opportunity to make a difference in people's lives on a daily
basis. And there are many careers that give you that sort of
opportunity, including my current career as a prosecutor. But I
think the opportunities I would have as a judge are so much
broader and so much more extensive because a judge makes so
many decisions each and every day that affect people's lives,
and not just in the criminal law context, but in the civil
context and in probate and tax cases and in the Family Court,
where a judge is often called upon to decide what is in the
best interest of a child.
So I think the main reason that I would like to become an
Associate Judge of the Superior Court at this stage in my
career is that it would give me a broader range of
opportunities to make a difference in people's lives on a daily
basis, and that is a challenge I am very much looking forward
to.
Senator Akaka. Thank you. I think that is a great
challenge.
Mr. Okun, as an Associate Judge, you would be challenged to
rule on complex issues, both quickly and correctly. Please
describe how your experience qualifies you to confront this
challenge.
Mr. Okun. Well, Mr. Chairman, I think it would be a
challenge to rule on issues quickly and correctly, given the
volume of the caseload in the Superior Court. But I think there
are a number of things in my background that would help me meet
that challenge.
First, as an Assistant U.S. Attorney in the U.S. Attorney's
Office, I have spent a lot of time in the courtroom, and I am
used to making decisions quickly and thinking on my feet, and I
think that those traits would help me if I were a trial judge
in the Superior Court.
Second, as the Chief of the Special Proceedings Division, I
supervise a division that receives over 1,000 motions every
year, so I am very used to the high-volume practice that many
Superior Court judges have to handle, as well.
And third, I have had experience as an impartial decision
maker based on my tenure as a member of a hearing committee for
the Board on Professional Responsibility, where I presided over
hearings involving alleged attorney misconduct, ruled on
motions, ruled on evidentiary objections, and ultimately wrote
reports and recommendations concerning the attorneys' liability
and recommended sanctions. And I think that that experience
would translate very well into some of the tasks that I would
have to deal with if I were appointed and confirmed as a
Superior Court Judge.
So I think even though it would be a challenge to rule on
issues both quickly and correctly, given the volume of cases I
might see, that my experience would help me meet that
challenge.
Senator Akaka. Mr. Okun, as you mentioned, 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.
Mr. Okun. Well, Mr. Chairman, I agree that it is a
challenge to balance the interest in moving your caseload
efficiently with the interest in making sure that you are
resolving cases carefully and thoroughly. And I think that
there are a number of things that a judge should do to balance
those competing interests.
Ultimately, a judge's job is to get it right, no matter how
long it takes. But at the same time, there are a number of
things a judge can do in making decisions that can increase the
efficiency of the decision without adversely affecting the
accuracy of the decision, and I think the primary thing that a
judge can do to balance those competing interests is to be
prepared--to be prepared before you go to court, to know the
case before you go to court--because if the judge is prepared
and the parties are prepared, I think it is much more likely
that you will be able to manage your caseload efficiently and
reach the right result.
Senator Akaka. Mr. Okun, as a judge, people who do not
fully understand the law or procedure may appear before you.
How has your experience prepared you to deal with these types
of litigants?
Mr. Okun. Well, Mr. Chairman, I think that the challenge of
dealing with pro se litigants is one of the biggest challenges
that the Superior Court faces because there are many pro se
litigants in Superior Court. Fortunately, I do have a good deal
of experience in dealing with pro se litigants because in the
division that I supervise, the majority of motions that we
receive are filed by pro se litigants. So I am very familiar
with both the claims and the concerns that are often raised by
pro se litigants.
At the same time, I recognize that there is a big
difference between the challenge that I currently face as an
attorney and the challenge that I would face if I were a
Superior Court judge, and again, the challenge is balancing
competing interests. It is balancing the interest in making
sure that a pro se litigant is not unfairly taken advantage of
by an opposing party who has a lawyer and at the same time
making sure that you are not giving an unfair advantage to a
pro se litigant. And that is a difficult balancing act.
And I think that the way a judge can try to address those
competing interests is by, first, patiently and carefully
explaining both the rules and the procedures that a pro se
litigant has to follow before any proceeding, by explaining any
rulings that I would make in terms that a pro se litigant could
understand, and ultimately by presiding over the trial or the
hearing in a fair and impartial manner.
Now, I know that is easier said than done, but I think my
experience in dealing with pro se litigants would give me
something of a head start in meeting that challenge.
And finally, I do want to point out that the Superior Court
has many resource centers that are designed to provide help to
pro se litigants who bring cases to court, and I would
certainly encourage pro se litigants to utilize those resource
centers, as well.
Senator Akaka. Thank you.
Mr. Okun, I want to thank you so much for your responses.
This will be my final question. You have appeared before a
number of judges and have no doubt learned a great deal by
observing different styles and temperaments. Please describe
how you would manage a courtroom, including things you want to
emulate and avoid.
Mr. Okun. Well, Mr. Chairman, I served as the Chair of the
Judicial Evaluation Committee for the D.C. Bar, which is a
committee that solicits input from attorneys and solicits their
input on various judges in both Superior Court and the D.C.
Court of Appeals and asks them their opinions about the judges
on various traits and qualities. And the quality that I think
stands out more than any other and that attorneys seem to care
about more than any other is a judge's temperament, is whether
the judge treats people fairly and with dignity and respect.
And I agree that one of the most important things that a good
judge can do is to be fair, even-handed, and to treat parties
with dignity and respect.
The other thing that I think is very important for any
judge who wants to have a successful career is to be prepared
and to be prepared not only in the courtroom, but before you
get to the courtroom, so that the parties and the witnesses are
not wasting time while you try to get up to speed in the
courtroom.
So I think both a judge's temperament and a judge's hard
work and preparation are the two most important characteristics
of a good judge and are qualities that I would try to emulate
if I were to be appointed as a Superior Court judge.
Senator Akaka. Thank you very much for your testimony.
There are no further questions at this time. There may be,
however, additional questions for the record, which will be
submitted to you in writing. The hearing record will remain
open until the close of business tomorrow for members of this
Committee to submit additional statements or questions.
I want to say a special thank you or mahalo to your family
and friends who are with us today. As you know, the love and
support of those around us enables us to accomplish great
things, so we should be thankful for all that they do for us
and with us.
I want you to know that I hope this Committee and the
Senate will be able to act quickly on your nomination.
I want to wish all of you well, and because this is a
special time of the year, I want to say happy Thanksgiving to
you, your family, and your friends. Ours is a great country,
and for us to take time off to give thanks is important to our
spirit, so I am glad we take the time to do so.
Again, our families are important. After the hearing, I
want to come and say hello to you directly.
Mr. Okun. Thank you, Mr. Chairman.
Senator Akaka. So thank you. I believe you will do the best
you can, once confirmed. I have, of course, had some
discussions about you, including with the White House, so we
want to move you along as quickly as possible so you can get to
work.
Mr. Okun. Thank you.
Senator Akaka. Happy Thanksgiving to all of you and happy
holidays. This is a great time of the year.
We look forward to continuing to help in our own ways to
keep our country great and our people just. This can be done
better in partnership and in working together. We need
individuals who, like you, can work hard to address specific
challenges.
So, again, thank you very much. This hearing is adjourned.
[Whereupon, at 3:03 p.m., the Committee was adjourned.]
A P P E N D I X
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