[Congressional Record Volume 144, Number 26 (Thursday, March 12, 1998)]
[Senate]
[Page S1815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     JUDICIAL NOMINEES FOR THE FEDERAL DISTRICT COURTS OF ILLINOIS

  Mr. DURBIN. Mr. President, while on the subject of the calendar, let 
me tell you I have waited patiently now--as has the Senator from 
Illinois, Senator Carol Moseley-Braun--I have waited since November 
1997 for the Senate to take up consideration of two Federal District 
Court Judges of Illinois. Patrick Murphy of Marion, IL, is a nominee 
for the southern district; Michael McCuskey, now an appellate court 
judge at the State level, is our nominee for the central district. We 
have waited patiently for over 100 days while these names languished on 
the Senate Executive Calendar. During that period of time, other 
judges' names have come and gone, been approved by the Senate, but the 
two nominees from Illinois sit and languish.
  It is bad enough that these two gentlemen, for whom there has been no 
negative comment, no suggestion that they are not qualified--it is bad 
enough that their lives have been interrupted because of the Senate's 
failure to act. What is even worse is that for the people they would 
serve in southern and central Illinois, there are vacancies on the 
Federal bench. The southern district of Illinois has the third oldest 
judicial vacancy in the Nation. We have seen over 1,900 days have 
passed since there was a judge in this seat, more than 1,000 days in 
the central district. These high vacancy rates for the Southern and 
Central Districts of Illinois are causing a great hardship, not only on 
the judges who are sitting and trying to meet their responsibilities 
but on those who come to the courthouse and expect, as every American 
citizen, every American family, and every American business should, 
that they will be handled fairly and in an expedited fashion.
  I think it is time for us to act as a Senate on these two nominees. I 
will stand on this floor and gladly defend each of these nominees 
because I know the stellar qualities that they bring to this 
appointment. But the Senate has to meet its responsibility. It has to 
call these names for consideration.
  We have seen, unfortunately, over the last year or so, a pattern in 
the Senate which is distressing. Last year, President Clinton had only 
45 percent of the nominees for the Federal bench that he sent to the 
Senate who were actually confirmed. You may say that probably is what 
the average is, is it not? In fact, it is not. Under Presidents Reagan 
and Bush, the confirmation rate of their nominees, by a Democratic 
Senate, was substantially higher--70 and 80 percent.
  Some of the Republicans say, ``I wish the President would send us 
more qualified people.'' Yet when you take a look at the ratings of the 
President's nominees by the American Bar Association compared to the 
nominees sent by President Reagan and President Bush, these are 
actually better nominees. They rate higher by the American Bar 
Association, one of the few standards that we use to grade men and 
women who are being appointed to the bench. So, clearly, we are being 
sent qualified people in a timely fashion to fill needs in Federal 
judicial courts across America. Yet the Senate acts too slowly or 
refuses to act.
  I stand here today and appeal to my colleagues, Democrats and 
Republicans, to consider seriously these two nominees and bring them up 
for consideration this week. Under the rules of the Senate, I can put a 
hold, incidentally, on people and a hold on bills. I can even do that 
in secret. That is what the Senate lets me do. In other words, they 
cannot move the person, they cannot move the bill, if this one Senator 
decides he does not want them to move it. I have not done that. I have 
never done that to an individual, and I don't want to start. I don't 
think it's fair. I hope I never reach the point where I have to use 
that strategy. I would much rather see us vote on these men and women 
on their merits. If they are worthy of appointment to the Federal 
bench, let us take the action and make sure it happens.
  I hope my colleagues in the Senate will join me and this week we can 
finally see the logjam broken, not only on these judicial appointments, 
but also on this critical legislation. With only 67 days left for us to 
go to work, let's make sure we do not miss the most important issues 
and challenges facing us.
  I yield the remainder of our time.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. I wish to address the amendment to be voted on in 4 
minutes.
  Mr. KERREY. Will the Senator yield?
  Mr. WARNER. How much time does my colleague need?
  Mr. KERREY. Three minutes?
  Mr. WARNER. Then we will accommodate the Senator. Take 4.

                          ____________________