Congressional Record, Volume 145 Issue 115 (Wednesday, September 8, 1999)

[Congressional Record Volume 145, Number 115 (Wednesday, September 8, 1999)]
[Senate]
[Pages S10544-S10545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

THE JUDICIARY

The legislative clerk read the nominations of Adalberto Jose Jordan,
of Florida, to be United States District Judge for the Southern
District of Florida, and Marsha J. Pechman, of Washington, to be United
States District Judge for the Western District of Washington.
The Senate proceeded to consider the nominations.
The PRESIDING OFFICER. Under the previous order, there will be 5
minutes of debate equally divided.
Who seeks time?
The Chair recognizes the Senator from Washington.
Mr. GORTON. Mr. President, I would like to express my enthusiastic
support for the nomination of Judge Marsha J. Pechman to serve on the
United States District Court for the Western District of Washington.
Ms. Pechman was chosen by a selection committee jointly appointed by
my colleague, Senator Murray, and myself, and was jointly recommended
by the two Senators from the State of Washington to President Clinton.
The President has therefore engaged fully in the normal advice and
consent process for choosing Federal judges for this vitally important
lifetime position.
Judge Pechman has significant judicial experience. She has served as
a superior court judge in King County, Washington, for a period of 11
years, handling a wide range of cases, taking an active role in
improving the administration of justice, and instructing and teaching
other judges and lawyers. Before becoming a judge, Marsha Pechman
worked as a deputy prosecuting attorney in King County and was later
made a partner in a significant, major law firm in the city of Seattle.
I ask my colleagues to join with my colleague from the State of
Washington and myself in approving a first-rate nomination on the part
of the President, Judge Marsha Pechman, to serve as United States
District Court Judge for the Western District of Washington.
The PRESIDING OFFICER. The Chair recognizes the Senator from Vermont.
Mr. LEAHY. Mr. President, I thank the Republican leadership for
allowing the Senate to consider and confirm two more outstanding
judicial nominations today. Marsha Pechman and Adalberto Jose Jordan
had confirmation hearings on July 13. They were favorably reported by
the Judiciary Committee long before the August recess.
I regret that they were not confirmed at that time along with the
other 11 judicial nominees on the Senate calendar who are still
awaiting Senate action. With these confirmations today--and I predict
they will be confirmed--the Senate will finally have confirmed more
than a dozen judges this year. By comparison, last year at this time
the Senate had confirmed 39 judges, not just 13; by this time in 1994,
the Senate had confirmed 58 judges, not just 13.
In the past I have challenged the Senate to try to keep up with Sammy
Sosa's home run pace. He has 58 home runs so far this year. We are
behind not just his home run pace but the home run pace set by National
League pitchers.
The Senate has ready for action the nominations of Marsha Berzon to
the Ninth Circuit, Justice Ronnie White to the District Court in
Missouri, and many other qualified nominees.
The current nomination delayed the longest is that of Judge Richard
Paez. He has been held up for over 3\1/2\ years, yet can anybody on
this floor state with confidence that if he were allowed to have a
rollcall vote, he would not be confirmed. The Judiciary Committee twice
reported the nomination favorably. If we were honest and decent enough
in the Senate to allow this man to come to a vote after 3\1/2\ years,
he would be confirmed. It is a scandal, a shame on the Senate that we
do not confirm this nominee.
His treatment recalls the criticism the Chief Justice of the United
States, William Rehnquist, has made of the Senate. He pointed out that
after a period for review nominations should be voted up or voted down.
He pointed out that too many nominations were being held up too long.
The nomination of Judge Richard Paez is currently Exhibit A.
We are not doing our job. We are not being responsible. We are being
dishonest, condescending, and arrogant toward the judiciary. It
deserves better and the American people deserve better.
We have less than 8 weeks in which the Senate is scheduled to be in
session the remainder of the year. We have our work cut out for us if
we are to consider the 49 judicial nominations pending at the start of
this week and others who are being nominated over the next few weeks.
In spite of our efforts last year in the aftermath of strong
criticism from the Chief Justice of the United States, the vacancies
facing the Federal judiciary are, again, approximately 70 and the
vacancies gap is not being closed. We have more Federal judicial
vacancies extending longer and affecting more people. Judicial
vacancies now stands at over 8 percent of the Federal judiciary. If one
considers the additional judges recommended by the Judicial Conference,
the vacancies rate would be over 15 percent.
Nominees deserve to be treated with dignity and dispatch--not delayed
for two and three years. We are seeing outstanding nominees nitpicked
and delayed to the point that good women and men are being deterred
from seeking to serve as federal judges. Nominees practicing law see
their work put on hold while they await the outcome of their
nominations. Their families cannot plan.
The President spoke about the vacancies crisis again last month.
Certainly no President has consulted more closely with Senators of the
other party on judicial nominations. The Senate should get about the
business of voting on the confirmation of the scores of judicial
nominations that have been delayed without justification for too long.
We must redouble our efforts to work with the President to end the
longstanding vacancies that plague the federal courts and disadvantage
all Americans. That is our constitutional responsibility.
The PRESIDING OFFICER. If all time is yielded back, the Senate will
now proceed to vote. The question is, Will the Senate advise and
consent to the nomination of Adalberto Jose Jordan, of Florida, to be a
United States District Judge for the Southern District of Florida? The
yeas and nays have been ordered and the clerk will call the roll.

[[Page S10545]]

The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Utah (Mr. Hatch), the
Senator from Arizona (Mr. McCain), the Senator from Alaska (Mr.
Murkowski), and the Senator from Ohio (Mr. Voinovich) are necessarily
absent.
I further announce that, if present and voting, the Senator from Utah
(Mr. Hatch) would vote ``yes.''
Mr. REID. I announce that the Senator from Maryland (Mr. Sarbanes)
and the Senator from Maryland (Ms. Mikulski) are absent because of
attending a funeral.
The result was announced--yeas 93, nays 1, as follows:

[Rollcall Vote No. 262 Ex.]

YEAS--93

Abraham
Akaka
Allard
Ashcroft
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bunning
Burns
Byrd
Campbell
Chafee
Cleland
Cochran
Collins
Conrad
Coverdell
Craig
Crapo
Daschle
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Harkin
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerrey
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Mack
McConnell
Moynihan
Murray
Nickles
Reed
Reid
Robb
Roberts
Rockefeller
Roth
Santorum
Schumer
Sessions
Shelby
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wellstone
Wyden

NAYS--1

Smith (NH)

NOT VOTING--6

Hatch
McCain
Mikulski
Murkowski
Sarbanes
Voinovich
The nomination was confirmed.
The PRESIDING OFFICER. The motions to reconsider are laid on the
table.
The Senate will now proceed to vote on Executive Calendar No. 175.
The question is, Will the Senate advise and consent to the nomination
of Marsha J. Pechman to be United States District Judge for the Western
District of Washington? The yeas and nays have been ordered. The clerk
will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Utah (Mr. Hatch), the
Senator from Arizona (Mr. McCain), the Senator from Alaska (Mr.
Murkowski), and the Senator from Ohio (Mr. Voinovich) are necessarily
absent.
I further announce that, if present and voting, the Senator from Utah
(Mr. Hatch) would vote ``yes.''
Mr. REID. I announce that the Senator from Maryland (Mr. Sarbanes)
and the Senator from Maryland (Ms. Mikulski) are absent because of
attending a funeral.
The PRESIDING OFFICER (Mr. Crapo). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 93, nays 1, as follows:

[Rollcall Vote No. 263 Ex.]

YEAS--93

NAYS--1

Smith (NH)

NOT VOTING--6

Hatch
McCain
Mikulski
Murkowski
Sarbanes
Voinovich
The nomination was confirmed.
The PRESIDING OFFICER. The motions to reconsider are laid upon the
table, and the President will be immediately notified of the Senate's
action.

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