[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Page S12542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NOMINATION OF JUDGE MASSIAH-JACKSON

  Mr. SPECTER. I have sought recognition today to comment about the 
pending judicial nomination of Judge Frederica A. Massiah-Jackson who 
has been nominated for the U.S. District Court for the Eastern District 
of Pennsylvania. Judge Massiah-Jackson currently serves on the court of 
common pleas of Philadelphia County where she has been a State court 
judge for the past 14 years. I believe Judge Massiah-Jackson should be 
confirmed, and regrettably that will not happen today, which is the 
last day of the session, because two of our colleagues have insisted on 
rollcall votes, and one colleague insisted on an opportunity to debate 
the nomination beyond a rollcall vote.
  It appears virtually certain, if not certain, that there will be no 
rollcall votes today, our last day in session, because our 
distinguished majority leader, Senator Lott, had announced that he 
would not have rollcall votes unless he gave Senators who are widely 
dispersed at this time an opportunity to come back, and therefore the 
business of the Senate is going to be completed by voice votes.
  I do not question the judgment of my colleagues to ask for rollcall 
votes, although customarily we do not have rollcall votes on district 
court nominees. Perhaps it would be sufficient for individual Senators 
to note their objection for the record. These two Senators have already 
noted their opposition to Judge Massiah-Jackson on the rollcall vote in 
the Judiciary Committee where she was recommended for nomination by a 
12 to 6 vote.
  Judge Massiah-Jackson had substantial Republican support in the 
committee and she has the support of my distinguished colleague, 
Senator Santorum, as well as myself, the two home State senators. It is 
the practice for the caucus to rely upon home State senators on matters 
involving U.S. district court judges.
  Judge Massiah-Jackson has been questioned on two intemperate remarks 
which she made, one which she thought was under her breath, and has 
acknowledged her error, and I think it fair to say that if two 
intemperate remarks were disqualifiers or a disqualifier from being a 
Federal judge or a U.S. Senator, for most positions, perhaps all 
positions of responsibility, nobody would hold any job of 
responsibility because intemperate remarks escape all of us from time 
to time. She has apologized. The Senator who presided at her hearing 
noted with some acknowledgment the sufficiency of that particular 
apology.
  Judge Massiah-Jackson has been questioned about sentencing. She has 
tried more than 4,000 criminal cases. There were 95 appeals taken and 
she was reversed in some 14 cases, which is a pretty good record. Her 
rating on the standard for judges on compliance with the sentencing 
guidelines is well within the norm of her contemporaries. She had a 
rating in the 72- to 82-percent compliance at a time when the 
compliance of other common pleas judges was in the 70- to 86-percent 
range.
  She had questioned, from time to time, certain police officers. I was 
district attorney of Philadelphia for 8 years following being an 
assistant D.A. for some 4 years, and while I was district attorney I 
ran tough investigating grand juries where there was evidence of 
narcotics violations, narcotics corruption within the police 
department. There have recently been a spate of many reversals and 
Federal investigations by the U.S. Attorney for the Eastern District of 
Pennsylvania. So it is not unusual to have questions about police 
conduct following on the old statement that there are some bad apples 
in the barrel.
  I think in totality, Judge Massiah-Jackson's record is a very good 
one. I am disappointed she will not be confirmed because we have just 
had the swearing in of circuit Judge Midge Rendell, and we are now 
planning the swearing in of Judge A. Richard Caputo in Wilkes-Barre and 
former State court Judge Bruce Kaufman in the Eastern District.
  I am sorry Judge Massiah-Jackson will not be sworn in before the end 
of the year to take on the very substantial duties of helping the 
backlog in the Eastern District. I do thank my distinguished and 
majority leader, Senator Lott, for agreeing to list Judge Massiah-
Jackson on the second day when we return. We are due to come in on 
January the 27. That is expected to be the night of the State of the 
Union speech, and Senator Lott has told me that he will schedule Judge 
Massiah-Jackson for floor debate and a vote on the day we return. It 
may be that there will be two other judges in a similar position, so I 
thank Senator Lott for his assistance there, and I thank him, also, for 
aiding me in the determination of Senators on our side of the aisle who 
have so-called holds.




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