[Congressional Record Volume 146, Number 24 (Tuesday, March 7, 2000)]
[Senate]
[Pages S1223-S1225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF JULIO M. FUENTES, OF NEW JERSEY, TO BE UNITED STATES
CIRCUIT JUDGE FOR THE THIRD CIRCUIT
The PRESIDING OFFICER. Under the previous order, the clerk will
report the nomination.
The assistant legislative clerk proceeded to read the nomination of
Julio M. Fuentes, of New Jersey, to be United States Circuit Judge for
the Third Circuit.
Mr. LAUTENBERG. Mr. President, I want to start by thanking the
Judiciary Committee--particularly Chairman Hatch and Ranking Member
Leahy--for moving the nomination of Judge Julio Fuentes through the
committee process so efficiently.
Judge Fuentes clearly is the kind of candidate that we want on the
federal bench. In many ways, his life demonstrates the promise of
America--the idea that anyone committed to getting an education and
working hard can build a distinguished career.
Judge Fuentes wasn't born to wealth or privilege. He was raised by a
single parent--his mother who worked as a nurse. But he pursued his
education diligently, earning a college degree while serving his
country in the Army's Special Forces. Eventually, he earned not only a
law degree but also two Masters degrees.
After completing law school, Judge Fuentes began building a
successful legal practice, honing his skills as an associate with a
Jersey City law firm. He later established his own firm and gained
experience handling a wide range of criminal and civil matters.
In 1978, he was appointed a judge on the Newark Municipal Court,
where he served until his appointment to the New Jersey Superior Court
in 1987. As a Superior Court judge, he has presided over criminal cases
and a wide range of civil disputes, including product liability
actions, environmental suits, and property claims. He has also ruled on
a number of federal and state constitutional issues.
In addition to his professional endeavors, Judge Fuentes has also
volunteered his time to help members of the community. He has mentored
many Hispanic youths and he has received several awards for his public
service.
Judge Fuentes' hard work on and off the bench has earned the respect
of his judicial colleagues, the lawyers who appear before him, and the
people of New Jersey. The people who know him well describe him as
``bright,'' ``dedicated,'' and ``even-tempered.''
In short, I feel certain that Judge Fuentes' depth of experience, his
legal knowledge, his compassion and his temperament would make him an
exceptional federal judge.
Again, I thank Senators Hatch and Leahy for their hard work on this
nomination, and I urge all of my colleagues to vote to confirm Judge
Fuentes.
Mr. SPECTER. Mr. President, I seek recognition today to express my
support for the nomination of Julio M. Fuentes to be a judge on the
Third Circuit Court of Appeals.
I recently had the opportunity to meet Judge Fuentes when he came
before the Senate Judiciary Committee for his nomination hearing on
February 22nd. At that time, I questioned the Judge on his experience
and credentials for the bench and was persuaded that he will be able to
meet the great challenge of serving on the Third Circuit.
Judge Fuentes has had a distinguished legal career. He earned his law
[[Page S1224]]
degree from the State University of New York in Buffalo in 1975. He
then entered the practice of law in New Jersey and continued to
practice for 7 years. While he was practicing, Mr. Fuentes was
appointed to be a judge on the Newark Municipal Court, where he served
from 1979 to 1987. In 1987, Judge Fuentes was appointed to the New
Jersey Superior Court, where he has served until the present day.
His 20-plus years on the state bench have given Judge Fuentes a
strong judicial background that will serve him well on the Third
Circuit. Many of the issues that Judge Fuentes will encounter on the
federal bench, from criminal law to torts to contracts, are ones with
which he will be well acquainted from his time on the state bench.
Other issues before the federal courts, such as antitrust and
securities cases, will be new to Judge Fuentes. But I am confident that
his experience has given him the skills and temperament needed to
tackle these issues.
The Third Circuit is a prestigious court with a proud history. It has
a tremendous volume of very high-powered litigation. I wish Judge
Fuentes a long and productive career in this most important position.
Mr. TORRICELLI. Mr. President, it is with great pleasure that I rise
to thank my colleagues for their support of the nomination of Judge
Julio Fuentes to the Third Circuit Court of Appeals.
There has been much discussion of late of the slow pace at which the
Senate has moved to confirm judicial nominees in the 106th Congress. It
is a fact of which no one should be proud. Each judicial seat that we
leave vacant slows the administration of the courts and access to
justice for the American people.
That being said, I want to publicly thank Senator Hatch who has
repeatedly--and admirably--demonstrated his commitment to moving
nominees through the Judiciary Committee in a timely fashion. I want to
thank both Senator Hatch and Senator Leahy for their support in
assuring Judge Fuentes' confirmation.
The vote that we took this evening on Judge Fuentes is an important
step towards easing the burdens on the courts. It is also evidence that
a qualified candidate with broad support can get a fair vote in this
Senate and move quickly from a hearing to confirmation. Judge Fuentes'
nomination was reported out of the Judiciary Committee just last week
by a unanimous voice vote.
George Washington once said, ``The Administration of Justice is the
firmest pillar of government.'' As I stand here today I am reminded of
that quote because long after we all leave the Senate, those who sit on
the Judiciary will continue to impact public policy and the lives of
other Americans. When I recommended Judge Fuentes, I did so with the
utmost confidence that he was well-suited to such great responsibility.
In fact, I first considered Judge Fuentes for the position of District
Court Judge. However, it soon became apparent that his stellar
qualifications were so impressive that he deserved consideration for
the Third Circuit. And I note with considerable pride that Judge
Fuentes will be the first person of Hispanic descent to serve on the
Third Circuit.
His career has been distinguished by a solid record of public
service, which began in 1966 when he left college for three years to
serve in the United States Army, including service in the Airborne
Rangers. From his days in law school to his current tenure on NJ's
Superior Court, he has demonstrated that he is an accomplished attorney
who has made a commitment to improving the quality of justice in our
society. I have no doubt that he will bring these same qualities to the
federal bench.
A graduate of SUNY--Buffalo School of Law, Judge Fuentes began his
legal career in private practice where he worked for 7 years on both
civil and criminal matters. For his last three years in private
practice, he also served as a part-time Judge on Newark's Municipal
Court. Then in 1981, he assumed the bench full-time as a Municipal
Judge where he remained until 1987 when he was promoted to the New
Jersey Superior Court.
In his now 13 years on the Superior Court, he has built a reputation
as a fair and able jurist. When you speak with those who have had the
opportunity to work with Judge Fuentes throughout this distinguished
career, they universally praise his integrity as well as the depth and
breadth of his knowledge of the law. And those who know him well
describe him as bright, dedicated, and compassionate.
I could not be more confident that Judge Fuentes is the right person
to fill this seat--a view that is shared by those best in a position to
know the Judge's qualifications. New Jersey's Governor Christie
Whitman, the New Jersey State Bar Association, and the Hispanic Bar
Association--both nationally and in New Jersey--have written letters
enthusiastically supporting the Judge's nomination.
I am extremely proud to support Judge Fuentes nomination to the Third
Circuit Court of Appeals. I know he will be a superb addition to the
bench.
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of Julio M. Fuentes, of New Jersey, to be
United States Circuit Judge for the Third Circuit? On this question,
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 Arizona (Mr. McCain),
the Senator from Missouri (Mr. Bond), and the Senator from Georgia (Mr.
Coverdell) are necessarily absent.
Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the
Senator from California (Mrs. Feinstein), the Senator from Nebraska
(Mr. Kerrey), and the Senator from Minnesota (Mr. Wellstone) are
necessarily absent.
I further announce that, if present and voting, the Senator from
Minnesota (Mr. Wellstone) and the Senator from Delaware (Mr. Biden)
would vote ``aye.''
The PRESIDING OFFICER (Mr. Smith of Oregon). Are there any other
Senators in the Chamber desiring to vote?
The result was announced--yeas 93, nays 0, as follows:
[Rollcall Vote No. 34 Ex.]
YEAS--93
Abraham
Akaka
Allard
Ashcroft
Baucus
Bayh
Bennett
Bingaman
Boxer
Breaux
Brownback
Bryan
Bunning
Burns
Byrd
Campbell
Chafee, L.
Cleland
Cochran
Collins
Conrad
Craig
Crapo
Daschle
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Enzi
Feingold
Fitzgerald
Frist
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Mack
McConnell
Mikulski
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Roberts
Rockefeller
Roth
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Voinovich
Warner
Wyden
NOT VOTING--7
Biden
Bond
Coverdell
Feinstein
Kerrey
McCain
Wellstone
The nomination was confirmed.
Mr. LEAHY. Mr. President, I move to reconsider the vote.
Mr. LOTT. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BIDEN. Mr. President, circumstances have prevented my
being able to be here for the vote this evening on Julio Fuentes's
nomination to the United States Court of Appeals for the Third Circuit,
but I wanted to take this opportunity to make it clear that I am
pleased to support his nomination.
Judge Fuentes is eminently qualified for this important position.
After several years in private practice, Judge Fuentes has served the
New Jersey community with honor first, as a judge on the Newark
Municipal Court, and now, as a judge on the New Jersey Superior Court,
where he has served admirably for well over a decade.
Judge Fuentes is an excellent jurist with an unblemished record and a
man of integrity. He is regarded with great esteem within his community
and has
[[Page S1225]]
received the endorsement of many different organizations. In fact, I
understand that Judge Fuentes was originally recommended for a seat on
the District Court in New Jersey, but the White House was so impressed
after meeting him that the President nominated him to the Third Circuit
instead.
I always monitor the nominations made to the Third Circuit with
special interest because my own state of Delaware is part of that
Circuit. And I can say without reservation that I am confident that
Judge Fuentes will discharge his new responsibilities with distinction
and will make a fine addition to that court. I commend the two Senators
of New Jersey for their support of this nominee and am proud to join
them.
____________________