[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12898-S12900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NOMINATION OF RICHARD PAEZ TO THE UNITED STATES COURT OF APPEALS IN THE 
                             NINTH CIRCUIT

 Mrs. BOXER. Mr. President, I am deeply disappointed that the 
Senate appears likely to adjourn for the year without acting on the 
nomination of Richard Paez to the United States Court of Appeals in the 
Ninth Circuit. The nomination has been pending--incredibly--for almost 
three years.
  I am very proud to say I have supported Judge Paez for over five 
years. I first had the pleasure of recommending Judge Paez to the 
President in August of 1993 for the U.S. District Court in the Central 
District of California, where he currently presides. I introduced him 
at his hearing for the District Court seat in 1994, and was so proud 
that the Senate confirmed him that same year.
  Judge Paez' confirmation that day was a historic moment. Judge Paez 
became the first Mexican American to serve as a federal trial judge in 
Los Angeles. He has been serving with distinction since, and continues 
to be widely respected.
  Concerned that Judge Paez' nomination to the appellate court was in 
danger of not being voted on in this Congress, I wrote a letter to the 
Majority Leader on September 3, 1998, strongly urging that he bring up 
this nomination before the full Senate. If the Senate had voted, I am 
confident that it would have found Judge Paez to be exceptionally well 
qualified to serve on the U.S. Court of Appeals and would have 
confirmed him once again.
  Judge Paez' record, both on the bench as well as before the Senate 
Judiciary Committee, once for his district court nomination, and twice 
for his appellate court nomination, supports the elevation of Judge 
Paez to the U.S. Court of Appeals.
  For 12 years, Judge Paez served on the Los Angeles Municipal Court, 
which is one of the largest metropolitan courts in the country. A 
recognized leader, his colleagues elected him to serve as both 
Supervising Judge and Presiding Judge.
  Judge Paez was elected Chair of the L.A. County Municipal Court 
Judges Association, and in 1991, he was appointed by California Supreme 
Court Chief Justice Malcolm Lucas to the first of two terms on the 
prestigious California Judicial Council, which provides policy 
direction to the courts, to the governor, and to the legislature, 
concerning court practices procedures, and its administration.
  Judge Paez is supported by Sheriff Sherman Block of Los Angeles 
County, and Sheldon Sloan who is a former federal judge and is the 
former president of the Los Angeles County Bar Association.
  Representative James Rogan of California has also written in support 
of Judge Paez. Representative Rogan was a his colleague when they both 
served on the Municipal Court in Los Angeles County. Representative 
Rogan states ``[h]is character and integrity have never been 
questioned. He is an accomplished attorney and a respected jurist.''
  Gil Garcetti, the District Attorney for the County of Los Angeles, 
supports Judge Paez, and states his ``broad federal and local criminal 
justice experience is very meaningful and should favor a positive vote 
for confirmation.''
  James Hahn, the Los Angeles City Attorney, wrote in support of Judge 
Paez that ``his ethical standards are of

[[Page S12899]]

the highest caliber and his judicial temperament makes him one of the 
most pleasant judges to deal with.''
  Peter Brodie, the president of the Association of the Los Angeles 
Deputy Sheriffs, a 6,000 member organization, supports Judge Paez.
  The commissioner of the Department of California Highway Patrol says 
``Judge Paez' education, experience, and desire to serve make him 
extremely well-qualified to serve on the Ninth Circuit Court of 
Appeals. His character and integrity are impeccable.''
  Judge Paez was questioned about his views of Proposition 209 in 
California. On that issue, I would just cite the opinion of H. Walter 
Croskey, Associate Justice of the Court of Appeals in Los Angeles, who 
in his letter of support for Richard Paez' nomination, wrote: ``Based 
on my own knowledge of his personal integrity and his long and 
distinguished judicial career, I have no concern that Judge Paez will 
ever do anything other than approach each case which comes before him 
on the merits and decide it in accordance with established law and 
settled principles. You cannot ask more of any judge.''
  Judge Paez is a federal judge who is widely acclaimed in the legal 
community and is eminently qualified for the US Court of Appeals. It is 
a great loss to the country and our judicial system that the Senate 
failed to confirm his nomination.
  I ask that these letters of support be printed in the Record.
  The letters follow:

  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                            County of Los Angeles,


                            Sheriff's Department Headquarters,

                                 Monterey Park, CA, April 8, 1996.
     Hon. Orrin G. Hatch,
     Chairman, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Senator Hatch: I have been advised that United States 
     District Judge Richard A. Paez has been nominated by 
     President Clinton to serve on the Ninth Circuit Court of 
     Appeals.
       Judge Paez has been a United States District Judge since 
     1994. In 1981, Governor Edmund G. Brown, Jr. appointed Judge 
     Paez to the Los Angeles Municipal Court. As a member of the 
     Los Angeles Municipal Court, Judge Paez held positions of 
     Presiding Judge, Assistant Presiding Judge, and Supervising 
     Judge. He has also been a Temporary Judge in the California 
     Court of Appeal, Second Appellate District, and the Los 
     Angeles Superior Court, Law and Discovery.
       Judge Paez is a hard working member of the legal profession 
     with impeccable character and integrity. His desire to serve 
     on the Ninth Circuit Court of Appeals is sincere, and a 
     position for which I feel he is well-qualified.
       Based on my knowledge of Judge Paez' dedication and 
     experience, I would like to recommend that his appointment to 
     the Ninth Circuit Court of Appeals be favorably considered.
           Sincerely,
                                                    Sherman Block,
     Sheriff.
                                  ____

                                                    Law Offices of


                                             Sheldon H. Sloan,

                                  Los Angeles, CA, April 22, 1996.
     Hon. Orrin G. Hatch,
     Chairman, Committee on the Judiciary, U.S. Senate, Washington 
         DC.
       Dear Senator Hatch: I understand that President Clinton has 
     nominated Richard A. Paez to serve on the United States Court 
     of Appeals for the Ninth Circuit.
       I have known Judge Paez as a lawyer, as a Municipal Court 
     Judge and as a United States District Court Judge. In each 
     endeavor, he has performed his duties with distinction. Judge 
     Paez is held in great esteem by all with whom he works, be 
     they members of the Bench or the Bar.
       As a former Judge, and President-Elect of the Los Angeles 
     County Bar Association, I have been in a position to observe 
     Judge Paez; abilities and demeanor over an extended period of 
     time. As former Chairman of Senators (now Governor) Wilson's 
     and Seymour's Committee on Selection of Federal Judges, U.S. 
     Attorneys, and Marshals for the Central District of 
     California, I certainly believe I have gained an appreciation 
     for what kind of a combination of character, work ethic, 
     demeanor and intelligence is required to fulfill the 
     demanding position of a Judge of the Circuit Court.
       Richard Paez is a hard working, experienced quality Judge. 
     He can be strong without being overbearing, and he can be 
     compassionate without being soft. He has been, and will 
     continue to be, a credit to the judiciary as a whole. I 
     recommend him without reservation.
       Let us hope and pray that the President continues to send 
     us individuals of the same quality and experience as Richard 
     Paez.
           Sincerely,
     Sheldon H. Sloan.
                                  ____



                                        House of Representives

                                     Washington, DC, May 26, 1998.
     Hon. Orrin G. Hatch,
     Chairman, U.S. Senate Committee on the Judiciary, Dirksen 
         Senate Office Building, Washington, DC.
       Dear Mr. Chairman: I want to bring to your attention United 
     States District Court Judge Richard A. Paez who has been 
     nominated by President Clinton for an appointment to the 
     United States Court of Appeals for the Ninth Circuit. I 
     understand that Judge Paez's nomination passed out of the 
     Senate Judiciary Committee on March 12, 1998, and his 
     nomination is currently pending confirmation on the Senate 
     floor.
       Judge Paez and I were colleagues together when we both 
     served on the Municipal Court bench in Los Angeles County. As 
     you are aware from his nomination hearings before your 
     committee, Judge Paez has many fine qualities and impressive 
     credentials. His character and integrity have never been 
     questioned. He is an accomplished attorney and a respected 
     jurist.
       Please give Judge Paez's nomination every possible 
     consideration as the Senate deliberates scheduling judicial 
     nominees on the Senate floor.
       With best personal regards, I remain,
           Sincerely,
                                                   James E. Rogan,
     Member of Congress.
                                  ____

                                         Gil Garcetti, Los Angeles


                                     County District Attorney,

                                  Los Angeles, CA, April 22, 1998.
     Hon. Orrin G. Hatch,
     Chairman, U.S. Senate Committee on the Judiciary, Dirksen 
         Senate Office Building, Washington, DC.
       Dear Mr. Chairman: United States District Court Judge 
     Richard A. Paez has informed me that his nomination to the 
     Ninth Circuit Court of Appeals is pending consideration and 
     vote by the United States Senate. I am writing to convey my 
     support for Judge Paez' appointment to the Ninth Circuit.
       Judge Paez possesses an impressive record of service as a 
     judge in both civil and criminal matters. While the Los 
     Angeles Municipal Court presiding judge, he was instrumental 
     in instituting a program to reduce the delay in processing 
     cases through the court system. During his 17-year tenure on 
     the bench, he has served on innumerable committees to improve 
     the judicial system in Los Angeles. Though my staff has only 
     had experience with him as a Municipal Court judge, handling 
     felony preliminary hearings, he was viewed then as a hard-
     working, good judge who took his job seriously and treated 
     prosecutors and defense lawyers with professional courtesy.
       But even before being appointed to the bench, Judge Paez 
     demonstrated a strong commitment to the area of public 
     interest law and to performing pro bono work on behalf of 
     many indigent persons who could not afford attorneys to 
     represent them.
       In my view, Judge Paez' broad federal and local criminal 
     justice experience is very meaningful and should favor a 
     positive vote for confirmation.
           Sincerely yours,
                                                     Gil Garcetti,
     District Attorney.
                                  ____

                                                    City Attorney,


                                          City of Los Angeles,

                                  Los Angeles, CA, April 23, 1998.
     Hon. Orrin G. Hatch,
     Chairman, U.S. Senate Committee on the Judiciary, Dirksen 
         Senate Office Building, Washington, DC.
       Dear Senator Hatch: I am writing to express my strong 
     support for the nomination of Judge Richard A. Paez to the 
     Ninth Circuit Court of Appeals.
       As the elected City Attorney for the City of Los Angeles, I 
     am responsible for defending the City, and ultimately the 
     taxpayers, in numerous actions in both state and federal 
     courts. Attorneys from this office appear before virtually 
     every judge in those courts. As a consequence, I am aware of 
     the qualifications, abilities and performance to each of 
     those jurists. Whenever one of our cases is assigned to Judge 
     Paez, I am confident that the City will receive a fair and 
     impartial trial. His reputation as a bright, hardworking 
     judge who is committed to making the correct legal decision 
     is well deserved. In his 17 years as a judge he has 
     demonstrated a keen knowledge of the law and the ability to 
     quickly and easily grasp the factual record. Moreover, his 
     ethical standards are of the highest caliber and his judicial 
     temperament makes him one of the most pleasant judges to deal 
     with.
       Judge Paez' experience, demonstrated abilities and 
     commitment to the law make him an excellent nominee for the 
     Ninth Circuit Court of Appeals. I am confident that he would 
     serve with distinction on that court. His nomination should 
     be confirmed.
           Very truly yours,
                                                    James K. Hahn,
     City Attorney.
                                  ____

                                       Association for Los Angeles


                                        Deputy Sheriffs, Inc.,

                                  Los Angeles, CA, April 13, 1998.
     Re Recommendation for appointment of Judge Richard Paez.

     Hon. Orrin G. Hatch,
     Chairman, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Senator Hatch: On behalf of the 6,000 members of the 
     Association for Los Angeles Deputy Sheriffs, I am asking for 
     your

[[Page S12900]]

     favorable consideration for the appointment of Judge Richard 
     Paez to serve on the Ninth Circuit Court of Appeals. Based on 
     a review of his past judicial experience and integrity, I 
     believe that Judge Paez has both the capacity and desire to 
     continue to do an outstanding job.
       Your consideration in this matter is greatly appreciated.
           Sincerely,
                                                      Pete Brodie,
     President, ALADS.
                                  ____

                                                     Department of


                                    California Highway Patrol,

                                   Sacramento, CA, April 15, 1998.
     Hon. Orrin G. Hatch,
     Chairman, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Senator Hatch: I understand that President Clinton has 
     nominated Judge Richard A. Paez to serve on the United States 
     Court of Appeals for the Ninth District.
       Judge Paez' long and distinguished judicial career began 
     with his appointment to the Los Angeles Municipal Court in 
     1981. He served as Presiding and Supervising Judge in that 
     court and as a judge in the Los Angeles Superior Court and 
     California Court of Appeal. In 1994, President Clinton 
     nominated him to the United States Central District Court 
     where he has served with distinction.
       Judge Paez' education, experience and desire to serve make 
     him extremely well-qualified to serve on the Ninth Circuit 
     Court of Appeals. His character and integrity are impeccable. 
     I recommend that his appointment receive favorable 
     consideration.
           Sincerely,
                                                     D.O. Helmick,
     Commissioner.

                          ____________________