[Congressional Record Volume 144, Number 37 (Friday, March 27, 1998)]
[Senate]
[Pages S2694-S2695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        THE CONFIRMATION OF JUDGES MARGARET McKEOWN AND ED SHEA

  Mrs. MURRAY. Mr. President, this is really a great morning. After 2 
years, I have the immense pleasure of voting with the majority of my 
colleagues to confirm two judges that I have worked very hard to get 
through this often difficult process. I thank my colleagues for their 
support of these two fine individuals, Ms. Margaret McKeown and Mr. Ed 
Shea. In particular, I thank our chairman, Senator Hatch, our ranking 
member, Senator Leahy, and my colleague, Senator Gorton, for their 
perseverance on behalf of these two individuals.
  I would first like to tell my colleagues about the newest judge to 
the Ninth Circuit, Ms. McKeown. Before coming to the Senate, I had 
heard across the spectrum that Ms. McKeown was one of the finest 
business lawyers in the northwest. Now that she and I have spent time 
together, I have come to understand why she had that reputation: she is 
tenacious, does outstanding work, is an accomplished advocate, and has 
the patience of Job.
  Let me summarize some of the high points of Ms. McKeown's career:
  She was the first woman partner at the 70-year-old, prestigious firm 
of Perkins Coie;
  She has served for 11 years on the Perkins Coie executive and 
management committees;
  She is a nationally recognized litigator who was named in Top Players 
in High Tech Intellectual Property;
  Her range of litigation is amazing: one day she is litigating about 
the typeface in personal computers, the next day she is defending a 
securities case, the next day she might be litigating avionics in 
military aircraft;
  She was president of the Federal Bar Association for the Western 
District of Washington and a lawyer representative to the Ninth Circuit 
Judicial Conference;
  She has worked as an aide to United States Senator Cliff Hansen of 
Wyoming, as a special assistant under President Carter to Interior 
Secretary Andrus, and as White House Fellow under President Reagan;
  She is on the executive committee of the Washington State Council on 
International Trade; and
  She has served as counsel for the Downtown Seattle Business 
Association.
  While who you know is important, and what you do as a lawyer is 
critical, where you put your priorities is also vital. One of the 
reasons I so strongly supported Ms. McKeown's nomination is because of 
her commitment to her community and family.
  I am amazed that the same person who represented Boeing in a multi-
billion dollar merger and who has successfully defended Citibank in a 
complex leverage buy out case has also served in virtually every 
position in the Girl Scouts. She has been a Brownie leader, troop 
consultant, committee member, and for nine years, member of the 
National Board of Directors of Girl Scouts of the USA and a member of 
the Executive Committee. Even with her national commitments, Ms. 
McKeown makes time for the girls themselves, leading her daughter, 
Megan's, Junior Girl Scout Troop #1091.
  Ms. McKeown is active in other arenas as well. She volunteers in the 
schools, with YMCA, with the Children's Museum, and on abused children 
projects. I want to point out something else special about Ms. McKeown: 
She has received the Good Housekeeping seal of approval. That magazine 
several years ago named Ms. McKeown as one of the ``100 Women of 
Promise in America.''
  Mr. President, Margaret McKeown is a highly-qualified lawyer with a 
diverse background, who has demonstrated her commitment to community 
and family. Now, finally, after surviving the political and judicial 
battles for two years, she will take her seat on the Ninth Circuit and 
become an outstanding judge. Congratulations, Margaret, we finally made 
it!
  Mr. President, I also want to thank my colleagues for confirming Mr. 
Shea this morning to serve on Washington's Eastern District Court. 
While Mr. Shea's road to confirmation has not been as filled with 
hurdles as Ms. McKeown's, it is a great pleasure to see this fine 
lawyer move onto the Federal bench.

  Mr. Shea will make an excellent judge. He is a highly respected 
member of the legal profession. He has served with distinction as a 
trial lawyer, including national recognition as a Fellow of the 
American College of Trial Lawyers.
  The five superior court judges in Benton and Franklin counties, where 
Mr. Shea has lived and practiced for more than 25 years, have written a 
letter describing him as having a ``well-earned reputation, not only in 
our community but throughout the Northwest, as an outstanding trial 
lawyer.'' His fellow Washington state lawyers honored him by electing 
him president of the Washington State Bar Association, where he served 
with distinction. Many of them have approached me to congratulate me on 
my role in promoting Mr. Shea's judicial candidacy.
  While we must look first to his legal qualifications, I believe the 
best judges are those who have worked in their communities to make them 
better places. Mr. Shea is well-qualified in that arena, too. He has 
been an advocate of equal access to the law, volunteering and working 
to get free or reduced legal services to local organizations, such as 
the March of Dimes, the Sexual Assault Response Center, and the Faith 
Christian Academy.
  Mr. Shea also worked hard in an area nearest to my heart: education. 
He pushed to improve access to education in his community by helping 
establish a branch campus of the Washington State University in the 
Tri-Cities. He too has been a stalwart supporter of the March of Dimes, 
recently being named the Chapter Counsel of the Year by the national 
March of Dimes.
  Mr. Shea is a well-respected member of the business community. He has 
the unanimous support of the board of the Tri-City Industrial 
Development Council. Mr. Shea has received two strongly-supportive 
editorials in the Tri-City Herald. Numerous members of the business 
community have thanked me for championing his nomination.
  Mr. President, Mr. Shea was selected by a bi-partisan Judicial Merit 
Selection Committee comprised of a diverse group of lawyers and 
community leaders. I have faith in that selection process and believe 
Mr. Shea will be an outstanding member of the Federal bar.
  Let me close by saying a few words about judicial nominations and the 
process we have developed in Washington. As I travel around my state, 
people ask me why we have so many judicial vacancies. I haven't been 
able to give them a good answer, but can only point to political one-
upmanship as the culprit.

[[Page S2695]]

  After this morning, I can happily report we are finally moving 
forward and that two excellent judicial candidates have been confirmed.
  Let me also add that while I have been the Senator of the same party 
as the President, I have invited and encouraged Senator Gorton to 
participate in judicial nominations. I recognize this is a tremendous 
break in tradition, but I know our citizens are best served when we 
work together.
  I intend to continue working with Senator Gorton to find the very 
best and most able members of the Washington bar to recommend to 
President Clinton. I will fight to ensure our citizens have their day 
in court and that justice is not denied because nominations are 
delayed.
  Mr. President, I appreciate the endorsement of my colleagues for Ms. 
McKeown and Mr. Shea. There are many other qualified judges waiting to 
move through the process. I urge the Senate to move quickly to hear and 
confirm them so the crisis our judiciary faces will come to an end.
  Mr. LEAHY. Mr. President, I wish to applaud the distinguished Senator 
from Washington State. Senator Murray has stated the reasons why the 
Senate voted the right way on Margaret McKeown and on Ed Shea. I would 
also note for the record that the Senator from Washington has been 
extraordinarily diligent in working very hard for these two highly 
qualified nominees. I know the frustration she has felt with the delay, 
especially on Margaret McKeown and with so many vacancies on the Ninth 
Circuit and given that this has been 2 years--in fact, 2 years this 
Sunday.
  This delay is the result of a process that has become a little bit 
crazy. I commend the distinguished Senator, and I thank her for her 
help on this. I think it would have been impossible for us to be here 
for this vote without her help, and I applaud her for that.
  Mr. GORTON. Mr. President, I am pleased to congratulate the two 
judicial nominees from Washington state. The federal bench will be 
enriched by the addition of Margaret McKeown to the Ninth Circuit Court 
of Appeals, as it will by Edward Shea's presence on federal district 
court for the Eastern District of Washington.
  Both Margaret McKeown and Edward Shea are deservedly respected within 
the legal community and in the community at large, and well qualified 
to perform the important jobs for which they have been chosen.
  Ed Shea has been in private practice in Pasco, Washington for many 
years. He has handled a wide range of cases, both civil and criminal, 
and his experience will have prepared him well for the job he's about 
to undertake. As testament to the respect he commands within the 
Washington legal community, Ed served as President of the Washington 
State Bar Association in 1996. Equally impressive as his commitment to 
his profession is his commitment to his community. Over the years, he 
has contributed his time and talent to a host of worthy causes, 
including the March of Dimes, the Tri-Cities Sexual Assault Response 
Center, and the Association of Retarded Citizens.
  Margaret McKeown also comes to the bench from private practice. She 
is a high technology litigator of national repute, with a particular 
expertise in antitrust and intellectual property. She was also the 
first woman partner at the prestigious Seattle law firm, Perkins Coie, 
where she practices today. Her remarkable intellect, and the 
accomplishments that evidence speak to her ability to perform the job 
with which she has been entrusted. There is no question that Margaret 
McKeown is familiar with the law. But, as her statement to the 
graduating class of the University of Washington Law School last year 
reflects, in this case familiarity did not breed contempt. Her mastery 
and understanding of the legal process rang through her commencement 
address. As did her continued respect for the law. She also urged the 
new lawyers to bear in mind her own formula for survival, a formula 
composed of five elements: humor, humility, hubris, humanity and home. 
The formula is one that has made Margaret an excellent lawyer. I am 
confident it will make her an excellent judge.
  I thank my colleagues for joining me in supporting both of these 
nominees. And I congratulate them again.

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