[Congressional Record Volume 147, Number 151 (Monday, November 5, 2001)]
[Senate]
[Pages S11429-S11431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF LARRY R. HICKS, OF NEVADA, TO BE UNITED STATES DISTRICT 
                    JUDGE FOR THE DISTRICT OF NEVADA

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
go into executive session and proceed to the consideration of Executive 
Calendar No. 515, which the clerk will report.
  The legislative clerk read the nomination of Larry R. Hicks, of 
Nevada, to be United States District Judge for the District of Nevada.
  The PRESIDING OFFICER. Under the previous order, time will be evenly 
divided until 6 o'clock, and controlled between the chairman and 
ranking member or their designees.
  The Senator from Vermont.
  Mr. LEAHY. Madam President, my wife was kind enough to remind me that 
27 years ago today I was first elected to this body. I am not quite 
sure I knew at the time I was first elected what I might be doing here 
today.
  I say to the distinguished Presiding Officer, when I took office, the 
Senate was comprised of 99 men, with one seat vacant because of a tied 
race in New Hampshire. Madam President, I must say, both on my feelings 
as a Vermonter and as a Senator with some seniority, I am delighted to 
see the changing face of the Senate that the distinguished Presiding 
Officer, and many others, have brought to it.
  We should, of course, have a far better balance of both men and women 
in this body, just as we have those who range across the political 
spectrum.
  Today we will confirm another judicial nominee--actually our 13th 
since July 20. Since becoming chairman of the Judiciary Committee, 
after the delay in Senate reorganization and assignment of Committee 
members, I have taken seriously the responsibility to fill these 
vacancies on the federal courts around the country with consensus 
nominees.

  Larry Hicks is another candidate strongly supported by both of his 
home State Senators. One of his home State Senators is the deputy 
leader among Democrats, the other a well-respected, strong Republican.
  We have confirmed as many court of appeals judges as were confirmed 
in the entire first year of the Clinton administration in 1993--
actually four more than the zero total confirmed by the Senate under 
other control in all of the 1996 session. We are moving forward.
  I think we have hearings on five more judicial nominees this week. Of 
these nominees, the ABA peer reviews on several were only completed and 
received last week.

[[Page S11430]]

  I remind the White House that we still have at least 10 or so 
nominees who do not have their ABA ratings here, having been nominated 
on September 10 or thereafter. The consequences of the unilateral 
changes that the Administration made in March to the procedures that 
had governed the judicial confirmation process for more than 50 years 
are still being felt.
  Others have not finished their paperwork. We are happy to help the 
White House with that.
  In spite of the special circumstances that have arisen this year, we 
remain well ahead of the pace for the confirmation of judges during the 
first year of the first Bush administration and the first year of the 
Clinton administration.
  I wanted to take the floor to thank both Senator Reid and Senator 
Ensign for working so closely together to bring us someone with such 
strong bipartisan support. I also thank Larry Hicks. I think the White 
House is well intentioned, but he was given poor advice on his 
paperwork and how to answer the written follow up questions after his 
hearing. After a quick phone call from Senator Reid to him, he 
immediately faxed a letter to help complete his paperwork--the only 
thing holding up the nomination. I hope that will be an example to 
others. It took about a 3-minute phone call and a fax, and we are done. 
I applaud both Senators for working this out.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada, Mr. Ensign, is 
recognized.
  Mr. ENSIGN. Madam President, let me start by thanking the chairman of 
the committee for moving this nomination forward. I also thank my 
fellow Senator, the distinguished Senator from the State of Nevada, for 
his support in helping to move this nomination forward. This was my 
first chance as a brand new Senator to have input on one of the most 
important things we do as Senators, and that is give recommendations to 
the President on who the Federal judges should be in our home States.
  It is my pleasure this day to lend my support to a man of the highest 
legal and personal distinction, Larry Hicks. A virtually lifelong 
northern Nevada resident, Mr. Hicks studied business administration at 
the University of Nevada, Reno. While he left Nevada for a few years to 
receive his legal education, Nevadans won't hold that against him, as 
we did not yet have our law school. However, I am proud to say that 
today Nevadans no longer have to leave their home State to receive a 
distinguished legal education, for the University of Nevada Las Vegas 
Boyd School of Law has rapidly become a recognized law school. He has 
used his legal aptitude to serve his community, his State, and the 
Nation.
  Immediately following graduation from law school, Mr. Hicks went to 
work for one of Nevada's premier legal minds in the Washoe County 
District Attorney's Office. Soon, Mr. Hicks was working full time to 
keep northern Nevada streets safe in his capacity as the chief criminal 
deputy DA, a position he filled for 3 years before being elected by a 
substantial margin to the office of district attorney. He held this 
position for 4 years before entering private practice.
  Mr. Hicks has been a partner in one of Nevada's largest law firms for 
over 20 years and has been chairman of its litigation section for the 
past 15. He is a fellow in the American College of Trial Lawyers, an 
organization which admits members by invitation only and is limited to 
no more than 1 percent of the lawyers in each State.
  Mr. Hicks was on the Board of Governors for the State Bar of Nevada 
for the better part of a decade, during which time he served in many 
roles, most notably as president during 1993-94. In the legal 
community, to receive the Presidential nomination to a Federal 
judgeship is one of the highest honors. Mr. Hicks now has the honor of 
receiving such a nomination twice. President George H.W. Bush nominated 
Mr. Hicks to the Federal bench in 1992. Unfortunately, because of 
things that happened in that political year, his nomination was never 
acted upon. But today, Larry has the historical distinction of being 
nominated by that President's son, President George W. Bush.
  Mr. Hicks not only takes pride in his work as a fine legal mind but 
also in his role as a husband and father. His three children have 
carried on their father's Nevada tradition and received their degrees 
from his alma mater, the University of Nevada, Reno. In fact, Larry's 
son Christopher carried on in his father's legal footsteps and attended 
the University of Nevada's Boyd School of Law.
  Madam President, I know his wife Marianne and their children are 
proud of Larry, and I know Nevada is proud of Larry. Along with the 
senior Senator from the State of Nevada, Harry Reid, I believe Larry 
Hicks is someone who will make an outstanding judge.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. LEAHY. I yield such time to Senator Reid as he may need.
  The PRESIDING OFFICER. The senior Senator from Nevada.
  Mr. REID. Madam President, first of all, I express my appreciation to 
my friend from Nevada. Senator Ensign is a doctor, not a lawyer but he 
could have not have picked anyone better than Larry Hicks. Larry Hicks 
is a fine lawyer. His brother is a lawyer. His brother Bud was my 
lawyer for a number of years when I was chairman of the Nevada Gaming 
Commission. He was an outstanding lawyer. They both have great 
personalities. He will have a fine demeanor from the bench.
  Larry Hicks has wanted this job for a long time. He was almost 
confirmed before, but there was a change in administrations and a 
change in the makeup of the Senate. Even though he had been cleared by 
the White House, his name did not come forward. He has waited almost an 
additional 10 years to be a judge. He will be an outstanding judge. He 
now works for an outstanding firm. Some of the best lawyers in Nevada 
are part of the firm to which he belongs--McDonald, Carano, Wilson, 
McCune, Bergin, Frankovich & Hicks. The State of Nevada and the country 
will be better for having him serve.
  I also appreciate my friend, Senator Ensign, running these names past 
me. I appreciate that very much. He and I have a relationship on judges 
that I think works well. He has reached out to me. With somebody such 
as Larry Hicks, it is easy. I could not have chosen anyone better than 
Larry Hicks myself.
  Again, I applaud and commend Senator Ensign for this choice.
  I ask unanimous consent that all time be yielded back and the vote 
begin now.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  All time is yielded back. The question is, Will the Senate advise and 
consent to the nomination of Larry R. Hicks, of Nevada, to be United 
States District Judge for the District of Nevada?
  The clerk will call the roll.
  Mr. REID. I announce that the Senator from Montana (Mr. Baucus), the 
Senator from Delaware (Mr. Biden), the Senator from New Jersey (Mr. 
Corzine), the Senator from Vermont (Mr. Jeffords), the Senator from 
Massachusetts (Mr. Kennedy), the Senator from Massachusetts (Mr. 
Kerry), the Senator from Louisiana (Ms. Landrieu), the Senator from 
Georgia (Mr. Miller), the Senator from New Jersey (Mr. Torricelli), the 
Senator from Minnesota (Mr. Wellstone), and the Senator from Oregon 
(Mr. Wyden) are necessarily absent.
  Mr. NICKLES. I announce that the Senator from Utah (Mr. Hatch), the 
Senator from Tennessee (Mr. Frist), the Senator from Arizona (Mr. 
McCain), the Senator from Oregon (Mr. Smith), the Senator from Ohio 
(Mr. Voinovich), and the Senator from Kansas (Mr. Brownback) are 
necessarily absent.
  I further announce that if present and voting the Senator from Utah 
(Mr. Hatch), would vote ``yea.''
  The PRESIDING OFFICER (Mr. Nelson of Florida). Are there any other 
Senators in the Chamber desiring to vote?
  The result was announced--yeas 83, nays 0, as follows:

[[Page S11431]]

                      [Rollcall Vote No. 322 Ex.]

                                YEAS--83

     Akaka
     Allard
     Allen
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Breaux
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Johnson
     Kohl
     Kyl
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner

                             NOT VOTING--17

     Baucus
     Biden
     Brownback
     Corzine
     Frist
     Hatch
     Jeffords
     Kennedy
     Kerry
     Landrieu
     McCain
     Miller
     Smith (OR)
     Torricelli
     Voinovich
     Wellstone
     Wyden
  The nomination was confirmed.
  The PRESIDING OFFICER. The President will be notified of the Senate's 
action.

                          ____________________