[Congressional Record Volume 147, Number 173 (Thursday, December 13, 2001)]
[Senate]
[Pages S13113-S13114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF FREDERICK J. MARTONE, OF ARIZONA, TO BE UNITED STATES 
               DISTRICT JUDGE FOR THE DISTRICT OF ARIZONA

  The PRESIDING OFFICER. The Senate will now go into executive session 
and proceed to the nomination of Frederick J. Martone, of Arizona, 
which the clerk will report.
  The legislative clerk read the nomination of Frederick J. Martone, of 
Arizona, to be United States District Judge for the District of 
Arizona.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, this nominee has the support of both 
Senators from his home State. Blue slips have been returned by both of 
them. We have had the hearing. He did very well.
  The Senator from Arizona, Mr. Kyl, is a valued member of the 
Judiciary Committee, and I would like to yield to him, as he is one of 
those who has proposed and supported this nominee.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. Mr. President, I thank the Senator from Vermont, the 
chairman of the committee, and thank him for having Justice Fred 
Martone as one of the judicial nominees we will be voting on this 
evening. I understand the only rollcall vote will be on Justice Fred 
Martone.
  Why do I call him Justice Fred Martone, when we are going to be 
voting on his confirmation to become a

[[Page S13114]]

Federal district judge? The answer is, because he currently is one of 
the five justices on the Arizona Supreme Court, the highest court in 
the State of Arizona. He is a graduate of Holy Cross, Notre Dame Law 
School, and has an advanced degree from Harvard, and is an 
exceptionally fine jurist.
  I thank the chairman and members of the committee who unanimously 
approved him for consideration by the full Senate. I would appreciate 
the support of the full Senate for his confirmation.
  Mr. HATCH. Mr. President, I am pleased that the Senate is considering 
this afternoon three extremely well-qualified nominees for important 
positions in the Federal judiciary. I have no doubt that they will do 
great service for the citizens of this country upon confirmation.
  The Honorable William Johnson has been nominated to be a Federal 
judge in the District of New Mexico. Born and raised in Roanoke, VA, 
Judge Johnson attended Virginia Military Institute and law school at 
Washington and Lee University. He began his career practicing law in 
Houston, TX, and then moved to Roswell, NM, where his practice included 
commercial litigation, bankruptcy cases, and oil and gas litigation. 
Since 1995, he has served as a State district judge hearing domestic 
relations, child support enforcement, civil, criminal, and 
administrative agency cases. With such wide-ranging judicial experience 
under his belt, Judge Johnson comes to the Federal bench ready to hit 
the ground running.
  Like Judge Johnson, the Honorable Frederick J. Martone is no stranger 
to the bench. Justice Martone currently serves on the Supreme Court of 
Arizona. Before then, he served as a judge on the Superior Court in 
Maricopa County. Although he has spent his professional life in 
Arizona, Justice Martone was educated further east: He graduated from 
Holy Cross College, from Notre Dame Law School, and earned an LL.M. 
from Harvard Law School. His demonstrated experience and judgment will 
make him a fine addition to the Federal district court for the District 
of Arizona.
  Clay D. Land, our nominee for the Middle District of Georgia, has had 
an impressive career blending private practice and public service. Upon 
graduating cum laude from the University of Georgia law school, Mr. 
Land returned to his home town of Columbus, GA, where he has maintained 
a successful general civil practice ever since. His legal practice has 
not dampened his commitment to public service, however. In 1993, he 
served as chairman of the Georgia Indigent Defense Council, which is 
responsible for oversight of the funding and implementation of the 
State's indigent criminal defense programs. From 1993 to 1994, he 
served on the Columbus City Council. And from 1995 to 2000, he served 
as a Georgia State senator.
  I want to commend President Bush on his selection of such outstanding 
candidates for the Federal judiciary. Each of these nominees was 
unanimously approved by the Judiciary Committee, and I expect that they 
will receive similar treatment from the full Senate. I urge my 
colleagues to join me in supporting their nominations.
  Mr. LEAHY. Mr. President, the nominee is supported by both the 
Senator from Utah and myself; and we had a unanimous rollcall vote in 
support of the nominee in the committee. And I strongly urge a 
unanimous rollcall vote in support of the nominee here.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Frederick J. Martone, of Arizona, to be United States District Judge 
for the District of Arizona.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Washington (Mrs. Murray) 
and the Senator from Illinois (Mr. Durbin) are necessarily absent.
  Mr. NICKLES. I announce that the Senator from New Mexico (Mr. 
Domenici) is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 0, as follows:

                      [Rollcall Vote No. 370 Ex.]

                                YEAS--97

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

                             NOT VOTING--3

     Domenici
     Durbin
     Murray
  The nomination was confirmed.
  Mr. LEAHY. I move to reconsider the vote and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEAHY. Mr. President, what is next on the agenda?

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