[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Senate]
[Pages S3181-S3183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   In Support of Justice Kermit Lipez

  Ms. SNOWE. Mr. President, I rise today to express my strong support 
of Justice Kermit Lipez's nomination to become a judge on the First 
Circuit of the U.S. Court of Appeals.
  Justice Lipez has many qualifications to recommend him and I want to 
take a few minutes to touch on them. But before I begin, I want to take 
this opportunity to thank the Chairman of the Judiciary Committee, 
Senator Hatch, for all that he has done in getting the Committee to 
promptly consider Justice Lipez's nomination and bringing us to this 
vote today. Throughout this process, Senator Hatch has been 
consistently thoughtful and cooperative, and I want him to know how 
much I appreciate his invaluable contributions and assistance.
  The Senate's action today will be the culmination of an exemplary 
career on

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the state bench--a career that has earned Justice Lipez universal 
respect in Maine's legal community, regardless of political 
affiliation. This is a man who was appointed to the state bench by a 
Democratic Governor, was promoted to the Maine Supreme Court by a 
Republican Governor--my husband, John McKernan, Jr.--and whose 
nomination to the First Circuit was enthusiastically supported by 
Maine's current Independent Governor.
  Likewise, it was no coincidence that Maine's entire Congressional 
Delegation--representing both parties--stood proudly with Justice Lipez 
and testified on his behalf at his nomination hearing. All of this 
points to one irre- futable fact: by all accounts and by any measure, 
Kermit Lipez is an exceptional judge. And he will make us proud.
  At Justice Lipez's hearing before the Judiciary Committee, my friend 
from Delaware, Senator Biden, noted the high regard in which the First 
Circuit is held. He wanted to impress upon Justice Lipez that, if 
confirmed, he would join a very impressive and effective court. I trust 
and share my friend from Delaware's assessment of the First Circuit--
and I want to assure him and all of my colleagues that in this regard, 
Justice Lipez and the First Circuit are an ideal match.
  That is not a statement I make lightly. The facts reveal a judge that 
for thirteen years on the state bench has been a judge personally and 
professionally dedicated to excellence.

  But you don't have to take my word for it. Since the President 
nominated Justice Lipez for this post, I have been privileged to read 
numerous letters in support of his nomination.
  Justice Lipez's has been called a ``. . . truly outstanding 
nomination,'' by a senior member of the First Circuit, Judge Frank 
Coffin. He has been characterized as ``. . . at the top of Maine's 
jurists'' by the Dean of the University of Maine's Law School, Donald 
Zillman. And his present colleagues on Maine's Supreme Court have 
commented that he works as hard on their cases as he does on his own, 
and for that, they will miss him.
  It's not just Justice Lipez's colleagues or his congressional 
delegation who support him, but just about anybody who has taken the 
time to review his record. An editorial that ran in Maine's largest 
newspaper, the Portland Press Herald, put it this way: ``. . . (he) has 
proven to be a fair and thoughtful judge during his 12 years on the 
state Superior and Supreme Courts. . . . Lipez's resume and record . . 
. transcend politics.''
  Maine's second largest newspaper, the Bangor Daily News, echoed this 
sentiment, commenting that Justice Lipez was ``remarkably talented'' 
and that ``. . . the state should feel nothing but honor that Kermit 
Lipez will represent Maine on the second-highest court in the nation.'' 
Mr. President, I couldn't agree more.
  I believe we should expect any federal judge to demonstrate a 
personal dedication to his or her work, a thorough understanding of the 
law, and a balanced approach to jurisprudence. Justice Lipez has 
demonstrated all of these attributes with admirable regularity.
  What makes me so proud to support his nomination, however, is the 
fact that he will bring so much more than just the prerequisites to the 
federal bench.
  For with Justice Lipez also comes a deep respect for the law--and a 
judge's role in its administration. With him comes an outstanding legal 
mind that is not only able, but willing to make the right decision even 
when it's not the easy or expeditious one. And with the nomination of 
Justice Lipez, the federal bench will welcome a man of the utmost 
personal integrity--a man well represented by his work ethic, his 
tremendous talent, and his irreproachable personal character.
  Mr. President, I am proud that Justice Lipez will represent Maine on 
the First Circuit. He has precisely the kind of experience and 
disposition that we should expect from all our nominees. He is well-
tested, remarkably talented, and perfectly suited for the demanding 
work of the federal bench. The President and the Judiciary Committee 
have acted wisely in forwarding Justice Lipez's nomination, and it is 
time for the Senate to do likewise by confirming him. I hope all of my 
colleagues will join me in supporting this outstanding nominee.


          statement on the nomination of johnnie b. rawlinson

  Mr. REID. Mr. President, Johnnie B. Rawlinson was born in Concord, 
North Carolina on December 16, 1952. The fourth of seven children, 
Johnnie grew up in Kannapolis, North Carolina where she attended public 
school and was a member of the first integrated class at A.L. Brown 
High School in Kannapolis. Upon graduation, Johnnie received a full 
scholarship to attend North Carolina A&T University in Greensboro, 
North Carolina. She majored in psychology and graduated Summa Cum Laude 
with a Bachelor's of Science degree in 1974.
  Johnnie met Dwight Rawlinson, her husband of 21 years, while they 
were both juniors at A&T. They married in 1976 and moved to California 
where Dwight, an officer in the Air Force, had been transferred. 
Johnnie enrolled at the University of the Pacific's McGeorge School of 
Law where she had been granted a full academic scholarship. In November 
of 1977, at the beginning of her second year of law school, Dwight was 
transferred to Nellis Air Force Base. Pregnant with their first child, 
Johnnie stayed in California to finish up her schooling. In 1978, 
Dwight joined her for spring break and together they celebrated the 
birth of their daughter Monica. Since Nevada has no law school, Dwight 
and Johnnie decided that Johnnie and Monica would return to California 
for her third and final year of law school. Monica attended classes 
with her mother and they both returned to Nellis for long weekends and 
summers. In 1979, Johnnie B. Rawlinson graduated in the top ten percent 
of her law school class, the first attorney in her family.
  Johnnie was admitted to the California Bar in 1979 and the Nevada Bar 
in 1980. While she was waiting to find out her Bar results, she worked 
as a law clerk for John O'Reilly, former Chair of the Nevada Gaming 
Commission. In June of 1980, she went to work as a staff attorney for 
Nevada Legal Services, where she worked on landlord-tenant disputes and 
unemployment compensation. After four months of work for Legal 
Services, in October of 1980, she was hired as Deputy District Attorney 
by Nevada Governor Bob Miller, who was then serving as Clark County DA.
  For the past 17 years, Rawlinson has moved steadily up the ladder at 
the District Attorney's office. She served for nine years as a Deputy 
District Attorney, developing expertise in the areas of Arbitration, 
Collection Law, Hospital Law, Local Government Purchasing, Employment 
Law, Labor Law, Civil Litigation and Workers Compensation. In September 
1989, she was promoted to Chief Deputy District Attorney and in January 
of 1995, Clark County DA Stewart Bell promoted her to Assistant 
District Attorney. In her current position, she supervises the Civil, 
Family Support, and Administration Divisions of the office. She 
presents evidence at Coroner's Inquests and is the Chair of the 
Professional Hiring Committee.
  In the mid 1980s, Governor Richard Bryan appointed Rawlinson to the 
Welfare Board where she served until 1991. In 1991, she made it to the 
final round of the interview process for an open position as U.S. 
Magistrate in Nevada District Court. When another Magistrate position 
opened up in Northern Nevada, she was named to the Magistrate Judge 
Selection Committee.
  A past member of the State of Nevada Board of Governors and a past 
board member of the Clark County Bar Association, the Southern Nevada 
Association of Women Attorneys, and the Las Vegas Chapter of the 
National Bar Association, Rawlinson plays an active role in Nevada 
legal affairs. She currently serves on the State Bar of Nevada Board of 
Bar Examiners and is Chair of the Lawyer Referral Services Committee. 
She has also served as a lawyer representative to the Ninth Circuit 
Judicial Conference and currently serves as a member of Judge Phillip 
Pro's Civil Justice Reform Act Advisory Group. A frequent lecturer to 
the Lorman Business Institute, Rawlinson has also served as an Adjunct 
Professor of Hospital Law at the College of St. Francis and as an 
adjunct Professor of Employment Law at the Community College of 
Southern Nevada.
  Today, Johnnie and Dwight Rawlinson are the proud parents of

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three children: Monica, a graduate of Western High, received her own 
full academic scholarship to South Carolina State University where she 
is in her sophomore year studying pre-med; Traci is entering the ninth 
grade at Western High and David is a second grader at Howard Wasdenn 
Elementary School.
  Residents of Clark County for close to twenty years, the Rawlinsons 
enjoy spending time with their family and friends from church. An 
active member of the Church of Christ in North Las Vegas, Johnnie 
served as Secretary of the Church for 10 years and taught Sunday school 
as well.
  In late August 1997, I sent Rawlinson's name to the President as my 
nominee for Federal District Court Judge for the District of Nevada. On 
January 27, 1998, President Clinton formally nominated her for a seat 
on the federal bench. She was unanimously reported out of the Senate 
Judiciary Committee on March 26, 1998. Tonight she was confirmed by the 
Senate. Johnnie B. Rawlinson will be the first African American and the 
first woman to serve as a Nevada Federal District Court Judge.


                         judicial confirmations

  Mr. LEAHY. Mr. President, I thank the Majority Leader for calling up 
the nominations of Justice Kermit Lipez to the First Circuit Court of 
Appeals, Mrs. Johnnie Rawlinson to the District Court for the District 
of Nevada and Mr. Robert T. Dawson to the District Court for the 
Western District of Arkansas.
  Before adjourning for a two-week recess, it is important for the 
Senate to clear its calendar of nominations to the maximum extent 
possible. Certainly the confirmation of these outstanding nominee, 
which the President sent to us back in October and November last year 
and earlier this year, are a step in the right direction. I have been 
urging the Majority Leader to move judicial nominations through the 
Senate and I thank him for doing so with respect to these nominees.
  As the Senate prepares to recess, eight judicial nominations still 
remain on the calendar awaiting Senate action. With these three 
additional confirmations, the Senate will still have confirmed less 
than 20 judges for the year. This, at a time when we have already 
witnessed 100 vacancies so far this year and we see another 10 on the 
horizon. So, while I thank the Senate for its actions today, I must 
note that we have not closed the vacancies gap or ended the crisis of 
which the Chief Justice of the United States Supreme Court warned in 
his most recent year end report.
  Most troubling to me are the continuing vacancies on the Second 
Circuit. I deeply regret the Senate's unwillingness to date to vote 
upon the nomination of Judge Sonia Sotomayor to the Second Circuit or 
to provide hearings for Judge Rosemary Pooler, Robert Sack and Chester 
Straub. I will redouble my efforts to end the emergency that currently 
exists in the Second Circuit due to the five vacancies on that 13-
member court.
  I look forward to prompt action on all of the 36 judicial nominees 
still pending before the Senate. In addition, I urge the President to 
make good use of the next several days and to continue to send to the 
Senate qualified nominees for each of the judicial vacancies.

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