[Congressional Record Volume 144, Number 29 (Tuesday, March 17, 1998)]
[Senate]
[Pages S2143-S2144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SUPPORT OF JUDGE FREDERICA MASSIAH-JACKSON

 Mr. KENNEDY. Mr. President, yesterday, unfortunately, Judge 
Massiah-Jackson asked President Clinton to withdraw her nomination to 
serve as a federal judge in the U.S. District Court in Philadelphia.
  I know that this was a difficult decision for Judge Massiah-Jackson 
and her family. She is a distinguished state court judge with a 
distinguished record. She has the strong support of the people of 
Philadelphia. She earned the President's nomination to this 
distinguished office, and she should have been confirmed by the United 
States Senate.
  Instead, she was subjected to numerous unfair attacks and gross 
distortions of her record. The attacks on

[[Page S2144]]

Judge Frederica Massiah-Jackson by her opponents are full of half-
truths, and misinformation.
  In fact, she is a remarkable lawyer and judge with a long history of 
service to the people of Philadelphia, and she deserved to be confirmed 
to serve as a federal judge on Pennsylvania's Eastern District Court.
  Judge Massiah-Jackson has worked long and hard and well to get where 
she is today. She is the daughter of immigrants. Her father came to the 
United States from Barbados, and her mother came from Haiti. They 
taught her the value of hard work, commitment to family, and giving 
back to the community. Judge Massiah-Jackson's entire life and career 
are testimony that she lives by these virtues.
  She was born and raised in Philadelphia. She graduated from the 
University of Pennsylvania Law School, one of the nation's most 
prestigious law schools. She could have made a career in private 
practice and been a great financial success. But instead, she has 
devoted her life to public service.
  Upon graduating from law school, she served as a law clerk, then as 
chief counsel to the Business Committee of the Pennsylvania State 
Senate. In 1984, she was elected to the Court of Common Pleas in 
Philadelphia, and re-elected to that position in 1993.
  Most nominees for the federal court have a background in either civil 
law or criminal law. But Judge Massiah-Jackson has a background in 
both. In her first years on the Court of Common Pleas, she handled 
criminal cases. In recent years, she has handled the court's docket of 
complex civil cases. So this eminently qualified judge will bring a 
wealth of experience to the federal district court.
  Her opponents unfairly ignored this impressive record. Instead, they 
latched onto a few isolated cases, mischaracterized them, and then used 
them to defame the reputation of this distinguished judge. When she 
answered their questions, they invented still more reasons to object to 
her nomination.
  This process is unfair. It is unfair to Judge Massiah-Jackson and her 
family. It is unfair to the people of Philadelphia. It is unfair to the 
nation's system of justice. And it is a disgrace to the United States 
Senate.
  Even if the cases that her critics cite were wrongly decided, they 
represent less than one percent of the 4,000 cases over which she has 
presided in her long career.
  How many United States Senators can say that they have been right 
over 99 percent of the time?
  Look at the process that led to her nomination.
  She passed the bipartisan judicial selection committee established by 
Senator Specter and Senator Santorum with flying colors.
  She was screened by the Justice Department to ensure her 
qualifications.
  The FBI conducted a thorough background investigation of her 
character.
  The American Bar Association reviewed her professional qualifications 
for the job.
  Senator Specter, Senator Santorum, and Senator Biden conducted their 
own hearing in Philadelphia to review Judge Massiah-Jackson's 
qualifications even further.
  Finally, she appeared before the Judiciary Committee not once, but 
twice. And yesterday, she patiently and professionally answered each 
and every question that Senators put to her.
  But perhaps most significant, Judge Massiah-Jackson had the most 
important endorsement that any nominee before this committee could 
have--the respect and admiration of the people who know her best--the 
people she has served for 14 years--the people of her hometown of 
Philadelphia.
  Her opponents have distorted her record by mischaracterizing isolated 
cases from among the thousands she has handled over the past decade and 
a half. But the citizens of Philadelphia know better.
  Listen to what the people who really know her have to say.
  The Philadelphia Bar Association says, ``We know Judge Massiah-
Jackson to be an outstanding jurist--fair, patient, and thorough.'' 
This is what her fellow lawyers in Philadelphia have to say about her. 
And they know her better than anyone in the United States Senate.
  Mayor Ed Rendell of Philadelphia strongly supported her nomination. 
He says, ``It is clear that she should be confirmed.''
  As the Pennsylvania Legislative Black Caucus wrote to the Judiciary 
Committee, ``Judge Jackson is an outstanding and able jurist. She has 
labored long and hard in the trenches of the judiciary and is a 
demonstrated supporter of fair and even justice.''
  The organization ``Philadelphians Against Crime'' ran an ad in the 
Philadelphia Daily News on February 25, saying, ``We support Judge 
Massiah-Jackson for the federal judgeship.''
  Barbara Burgos DiTullio, President of the Pennsylvania Chapter of the 
National Organization for Women, writes, Judge Massiah-Jackson ``is 
highly qualified to hold this position, and anyone looking at her 
record instead of listening to those who have personal vendettas would 
know this.''
  The Philadelphia Tribune endorsed her, saying ``[Judge Massiah-
Jackson] is eminently qualified for the federal bench.''
  Here is the Philadelphia Daily News: ``Frederica Massiah-Jackson's 
record demonstrates her suitability for the federal bench.''
  In addition, Judge Massiah-Jackson received the support of lawyers 
who have appeared before her in court. In a survey conducted by the 
Philadelphia Bar Association, the vast majority of the lawyers who 
appeared before her expressed their confidence in her integrity and 
judicial temperament, and found her to be industrious and efficient.
  Judge Massiah-Jackson earned these endorsements because she has 
established herself as a tough-minded, no-nonsense jurist throughout 
the more than 4,000 cases she has handled in her 14 years on the 
Philadelphia Court of Common Pleas. She is tough on crime, and tough on 
criminals. According to the Philadelphia Bar Association's independent 
review committee, Judge Massiah-Jackson is more likely, not less likely 
than her colleagues on the court to convict defendants.
  For serious crimes, such as robbery, rape, and burglary, her 
conviction rate is nearly 50 percent higher than the conviction rate of 
her colleagues.
  Her record on sentencing is right down the middle when compared with 
other judges on the court. Her rate of departure from Pennsylvania's 
sentencing guidelines is not measurably different from her colleagues. 
In fact, her record shows that she is more likely than her colleagues 
to depart upward from the guidelines, imposing stiffer sentences than 
the guidelines call for.
  When Judge Massiah-Jackson's full record is considered, it is clear 
that she is fully qualified to serve on the Federal District Court. She 
eminently deserved her nomination to the federal court, because of her 
strong commitment to justice, and her profound knowledge of the law. I 
am confident that Judge Massiah-Jackson will continue to serve the 
people of Philadelphia well on the Court of Common Pleas.

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