[Congressional Record Volume 145, Number 133 (Tuesday, October 5, 1999)]
[Senate]
[Page S11915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NOMINATION OF TED STEWART TO BE DISTRICT JUDGE FOR THE DISTRICT OF UTAH

  Mr. HATCH. Mr. President, it is a great pleasure for me to support 
the confirmation of a judicial candidate who is the epitome of good 
character, broad experience, and a judicious temperament.
  First, however, I think it appropriate that I spend a moment to 
acknowledge the minority for relenting in what I consider to have been 
an ill-conceived gambit to politicize the judicial confirmations 
process. My colleagues appear to have made history on September 21 by 
preventing the invocation of cloture for the first time ever on a 
district judge's nomination.
  This was--and still is--gravely disappointing to me. In a body whose 
best moments have been those in which statesmanship triumphs over 
partisanship, this unfortunate statistic does not make for a proud 
legacy.
  My colleagues, who were motivated by the legitimate goal of gaining 
votes on two particular nominees, pursued a short-term offensive which 
failed to accomplish their objective and risked long-term peril for the 
nation's judiciary. There now exists on the books a fresh precedent to 
filibuster judicial nominees with which either political party 
disagrees.
  I have always, and consistently, taken the position that the Senate 
must address the qualifications of a judicial nominee by a majority 
vote, and that the 41 votes necessary to defeat cloture are no 
substitute for the democratic and constitutional principles that 
underlie this body's majoritarian premise for confirmation to our 
Federal judiciary.
  But now the Senate is moving forward with the nomination of Ted 
Stewart. I think some of my colleagues realized they had erred in 
drawing lines in the sand, and that their position threatened to do 
lasting damage to the Senate's confirmation process, the integrity of 
the institution, and, of course, the judicial branch of Government.
  The record of the Judiciary Committee in processing nominees is a 
good one. I believe the Senate realized that the Committee will 
continue to hold hearings on those judicial nominees who are qualified, 
have appropriate judicial temperament, and who respect the rule of law. 
I had assured my colleagues of this before we reached this temporary 
impasse and I reiterate this commitment today.
  This is not a time for partisan declarations of victory, but I am 
pleased that my colleagues revisited their decision to hold up the 
nomination. We are proceeding with a vote on the merits on Ted 
Stewart's nomination, and we will then proceed upon an arranged 
schedule to vote on other nominees in precisely the way that was 
proposed prior to the filibuster vote.
  Ultimately, it is my hope for us, as an institution, that instead of 
signaling a trend, the last 2 weeks will instead look more like an 
aberration that was quickly corrected. I look forward to moving ahead 
to perform our constitutional obligation of providing advice and 
consent to the President's judicial nominees.
  And now, I would like to turn our attention to the merits of Ted 
Stewart's nomination. I have known Ted Stewart for many years. I have 
long respected his integrity, his commitment to public service, and his 
judgment. And I am pleased that President Clinton saw fit to nominate 
this fine man for a seat on the United States District Court for the 
District of Utah.
  Mr. Stewart received his law degree from the University of Utah 
School of Law and his undergraduate degree from Utah State University. 
He worked as a practicing lawyer in Salt Lake City for 6 years. And he 
served as trial counsel with the Judge Advocate General in the Utah 
National Guard.
  In 1981, Mr. Stewart came to Washington to work with Congressman Jim 
Hansen. His practical legal experience served him well on Capitol Hill, 
where he was intimately involved in the drafting of legislation.
  Mr. Stewart's outstanding record in private practice and in the 
Legislative Branch earned him an appointment to the Utah Public Service 
Commission in 1985. For 7 years, he served in a quasi-judicial capacity 
on the Commission, conducting hearings, receiving evidence, and 
rendering decisions with findings of fact and conclusions of law.
  Mr. Stewart then brought his experience as a practicing lawyer, as a 
legislative aide, and as a quasi-judicial officer, to the executive 
branch in State government. Beginning in 1992, he served as Executive 
Director of the Utah Departments of Commerce and Natural Resources. And 
since 1998, Mr. Stewart has served as the chief of staff of Governor 
Mike Leavitt.
  Throughout Mr. Stewart's career, in private practice, in the 
legislative branch, in the executive branch, and as a quasi-judicial 
officer, he has earned the respect of those who have worked for him, 
those who have worked with him, and those who were affected by his 
decisions. And a large number of people from all walks of life and both 
sides of the political aisle have written letters supporting Mr. 
Stewart's nomination.
  James Jenkins, former President of the Utah State Bar, wrote, ``Ted's 
reputation for good character and industry and his temperament of 
fairness, objectivity, courtesy, and patience [are] without blemish.''
  Utah State Senator, Mike Dmitrich, one of many Democrats supporting 
this nomination, wrote, ``[Mr. Stewart] has always been fair and 
deliberate and shown the moderation and thoughtfulness that the 
judiciary requires.''
  I understand that the American Bar Association has concluded that Ted 
Stewart meets the qualifications for appointment to the federal 
district court. This sentiment is strongly shared by many in Utah, 
including the recent president of the Utah State Bar. For these 
reasons, Mr. Stewart was approved for confirmation to the bench by an 
overwhelming majority vote of the Judiciary Committee.
  To those who contend Mr. Stewart has taken so-called anti-
environmental positions, I say: look more carefully at his record. Mr. 
Stewart was the director of Utah's Department of Natural Resources for 
5 years, and the fact is that his whole record has earned the respect 
and support of many local environmental groups.
  Indeed, for his actions in protecting reserve water rights in Zion 
National Park, Mr. Stewart was enthusiastically praised by this 
administration's Secretary of the Interior.
  Consider the encomiums from the following persons hailing from Utah's 
environmental community:
  R.G. Valentine, of the Utah Wetlands Foundation, wrote, ``Mr. 
Stewart's judgment and judicial evaluation of any project or issue has 
been one of unbiased and balanced results.''
  Don Peay, of the conservation group sportsmen for Fish and Wildlife, 
wrote, ``I have nothing but respect for a man who is honest, fair, 
considerate, and extremely capable.''
  Indeed, far from criticism, Mr. Stewart deserves praise for his major 
accomplishments in protecting the environment.
  Ultimately, the legion of letters and testaments in support of Mr. 
Stewart's nomination reflects the balanced and fair judgment that he 
has exhibited over his long and distinguished career. Those who know 
Ted Stewart know he will continue to serve the public well.
  On a final note, Ted Stewart is needed in Utah. The seat he will be 
taking has been vacant since 1997. So I am deeply gratified that the 
Senate is now considering Mr. Stewart for confirmation.
  I am grateful to my colleagues on both sides of the aisle who helped 
get this up and resolve what really was a very serious and I think 
dangerous problem for the Senate as a whole and for the judiciary in 
particular.
  I yield the floor.
  The PRESIDING OFFICER. Under the previous order, the Chair recognizes 
the Senator from Iowa for up to 10 minutes.

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