[Congressional Record Volume 148, Number 27 (Tuesday, March 12, 2002)]
[Senate]
[Pages S1737-S1740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

   NOMINATION OF RALPH R. BEISTLINE, OF ALASKA, TO BE UNITED STATES 
               DISTRICT JUDGE FOR THE DISTRICT OF ALASKA

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now go into executive session and proceed to the 
consideration of Executive Calendar No. 706, which the clerk will 
report.
  The assistant legislative clerk read the nomination of Ralph R. 
Beistline, of Alaska, to be United States District Judge for the 
District of Alaska.
  The ACTING PRESIDENT pro tempore. The Senator from Alaska.
  Mr. MURKOWSKI. Madam President, we are going to be voting in a few 
minutes on Judge Ralph Beistline to be United States District Judge in 
my State of Alaska.

[[Page S1738]]

  Senator Stevens, Representative Young, and I are very pleased that 
this vote is about to take place. Before we vote, I would like to speak 
very briefly on the qualifications of Judge Beistline.
  First of all, I thank all my colleagues for moving expeditiously 
because in spite of the prevailing attitude in Alaska that it has taken 
too long to confirm him, by standards around here it has moved along 
quite nicely. So I very much appreciate that.
  No one would question Judge Beistline's qualifications or his fitness 
to serve on the Federal bench. He has served with distinction in our 
State of Alaska for many years. He has always been an asset to his 
community. He and Mrs. Beistline have had a commitment to furthering 
the quality of life for Alaskans, which is exemplified by their 
commitment to public service.
  Judge Beistline is truly an Alaskan. He was born in Fairbanks, AK. 
That happens to be my hometown. He is a graduate of the University of 
Alaska, Fairbanks, and the University of Puget Sound Law School. His 
heart has always been in the golden heart city of Fairbanks.
  Judge Beistline served honorably in the Army National Guard, the Army 
Reserves, and the Air National Guard for over 17 years. He was in 
private practice in Fairbanks, AK. During this time, Judge Beistline 
distinguished himself as a hard-working, fair, honest, and very popular 
lawyer--if, indeed, that is the correct terminology for lawyers. 
Nevertheless, he is very well respected. And I am always reminded--
well, it is inappropriate to reflect on lawyer jokes, so I will 
restrain myself, with some reluctance.
  Judge Beistline is a strong advocate for the rights of his clients. 
He has always maintained respect for the courts and the legal system, 
and that respect is matched by the manner in which his peers admire and 
support him.
  Since 1992, Ralph Beistline has served as Superior Court Judge for 
the State of Alaska. Through his public service, Judge Beistline has 
demonstrated the requisite legal temperament and the traits that will 
make him clearly a distinguished Federal judge.
  Obviously, he is committed to upholding the law, even if he may 
disagree from time to time with it. Judge Beistline exhibits and 
demands fairness, respect, and diligence from all of those who practice 
in his court. Most importantly, the judge has ensured that justice is 
delivered fairly, responsibly, and in a timely manner. I would like to 
amplify that note--in a timely manner. Oftentimes, there is a great 
deal of frustration for those of us who believe that justice is not 
done in a timely manner.
  He is a longstanding and distinguished member of the Fairbanks 
community, the Fairbanks Bar, and the Alaskan Bar. Judge Beistline has 
earned the respect of his colleagues. He has also earned the respect of 
our entire delegation--Senator Stevens, Representative Young, and 
myself. We enthusiastically support his nomination and look forward to 
voting on his nomination today.
  I thank the Presiding Officer for her attention.
  Mr. STEVENS. Madam President, Ralph Beistline is a lifelong Alaskan, 
born in Fairbanks. He grew up in Alaska and will bring that important 
prospective to the bench.
  He served as a superior court judge from 1992 until today and for the 
past 5 years he has been the presiding judge in the Fairbanks Superior 
Court.
  He is married to Peggy Beistline and has five children: Carrie, 
Daniel, Tamara, Rebecca, and David.
  He is the former president of the Alaska Bar Association, former 
president of the Tanana Valley Bar Association, former president of the 
Alaska Conference of Judges, and a former member of the board of 
governors of the Alaska Bar Association. He has been a lawyer 
representative to the Ninth Circuit Judicial Conference and was a long 
time pro-bono participant.
  Ralph is also an executive board member of the Boy Scouts of America 
and a member of Igloo #4 Pioneers of Alaska.
  Hailing from Fairbanks, Ralph will also bring further geographical 
balance to the court.
  I thank Chairman Leahy and Senator Hatch for moving his nomination to 
the floor.
  Mr. LEAHY. Madam President, today, the Senate is voting on the 40th 
judicial nominee to be confirmed since last July when the Senate 
Judiciary Committee reorganized after the Democrats became the majority 
party in the Senate. With the confirmation of Ralph Beistline of 
Alaska, we will have confirmed more judges in the last 9 months than 
were confirmed in 4 out of 6 years under Republican leadership.
  The number of judicial confirmations over these past nine months--
40--now exceeds the number of judicial nominees confirmed during all 12 
months of 2000, 1999, 1997 and 1996. Thus, during the last 9 tumultuous 
months we have exceeded the one-year totals for 4 of the 6 years in 
which a Republican majority last controlled the pace of confirmations.
  During the preceding 6\1/2\ years in which a Republican majority most 
recently controlled the pace of judicial confirmations in the Senate, 
248 judges were confirmed. The larger number, the total judges 
confirmed during President Clinton's two terms includes 2 years in 
which a Democratic majority proceeded to confirm 129 additional judges 
in 1993 and 1994. During the 6\1/2\ years of Republican control of the 
Senate, judicial confirmations averaged 38 per year--a pace of 
consideration and confirmation that has already been exceeded under 
Democratic leadership over these past nine months.
  During the recent Republican control of the Senate 46 nominees to the 
Courts of Appeal were confirmed, a rate of approximately seven per year 
on average, including one whole session, 1996, in which no circuit 
court judges were confirmed at all. In only nine months of Democratic 
control of the Senate, seven of President Bush's nominees to the Courts 
of Appeals have been confirmed. Two additional circuit court nominees 
have had hearings and the hearing scheduled for next week will include 
another circuit court nominee.
  Under Democratic leadership we have had more hearings, for more 
nominees, and had more confirmations than the Republican leadership did 
for President Clinton's nominees during the first 9 months of 1995. In 
each area--hearings, number of nominees given hearings, and number of 
nominees confirmed--this Committee has exceeded the comparable period 
when Republicans were in power. And 1995 was one of the most productive 
years. It was 1996 and after that the Republican majority began 
stalling the judicial confirmation process and the session in which 
only 17 judges were confirmed all year with none to the Courts of 
Appeals.
  Additionally, under Democratic leadership, we have reformed the 
process and practices used in the past to deny Committee consideration 
of judicial nominees. The fact that 248 judicial nominees were 
confirmed in the prior 6\1/2\ years of Republican leadership does not 
diminish the fact that almost 60 other judicial nominees never received 
a hearing by the Senate Judiciary Committee or received a hearing but 
were never voted on by the Committee.
  The Majority Leader, Senator Daschle, the Assistant Majority Leader, 
Senator Reid, and the members of the Judiciary Committee have worked 
hard to return the Senate's consideration of judicial nominations to a 
more orderly and open process. We have been working hard to move away 
from the anonymous holds and inaction on judicial nominations that 
characterized so much of the period from 1995 through 2000.
  Today's vote to confirm the 40th judicial nominee since the 
reorganization of the Committee last July demonstrates that we have 
made a positive difference in the confirmation process by improving the 
pace and fairness of consideration of nominees for lifetime appointment 
to the federal courts. Not only has the Senate been able to confirm 
more judges in a shorter time frame than were confirmed in 4 of the 
past 6 years, but we have also done so at a faster pace than in any of 
the recent 6\1/2\ years in which Republicans were most recently in the 
majority.
  I make these observations to set the record straight. I do not mean 
by my comments to be critical of Senator Hatch. Many times during the 
6\1/2\ years he chaired the Judiciary Committee, I observed that were 
the matter left up to us, we would have made more progress on more 
judicial nominees. I thanked him during those years

[[Page S1739]]

for his efforts. I know that he would have liked to have been able to 
do more and not have to leave so many vacancies and so many nominees 
without action.
  With the confirmation of Ralph Robert Beistline, there will be no 
active vacancies on the Alaska District Court. We have moved 
expeditiously to consider and confirm Judge Beistline. He was nominated 
in November, received his ABA peer review in January, participated in a 
hearing in February, was reported favorably by the Committee last week, 
and is today being confirmed.
  Judge Beistline has an extensive career litigating civil cases in 
state and Federal courts, providing pro bono services in civil matters, 
including social security appeals. I congratulate the nominee and his 
family on his confirmation today.
  This nominee has the support of both Senators from his home state and 
appears to be the type of qualified, consensus nominee that the Senate 
has been confirming to help fill the vacancies on our Federal courts.
  The ACTING PRESIDENT pro tempore. Who yields time? If no one yields 
time, time will be charged equally to both sides.
  Mr. MURKOWSKI. Madam President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. Without objection, the clerk will 
call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ENZI. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. ENZI. Madam President, I ask unanimous consent to speak as in 
morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The remarks of Mr. Enzi are located in today's Record under 
``Morning Business.'')
  The ACTING PRESIDENT pro tempore. The Senator from Utah is 
recognized.
  Mr. HATCH. Madam President, parliamentary inquiry: Are we on the 
Beistline nominee?
  The ACTING PRESIDENT pro tempore. We are. Under the previous order, 
the time was reserved, but all time remaining is under the control of 
Senator Leahy and those who have been scheduled.
  Mr. HATCH. Since they are not here, I ask unanimous consent that I 
might be able to speak.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. HATCH. The vote is at 11, is that right?
  The ACTING PRESIDENT pro tempore. That is correct.
  Mr. HATCH. Madam President, I rise to support the confirmation of 
Ralph R. Beistline to be U.S. District Judge for the District of 
Alaska.
  I have had the pleasure of reviewing Judge Beistline's distinguished 
legal career, and I have come to the opinion that he is a fine jurist 
who will add a great deal to the Federal bench in Alaska.
  Judge Beistline began his legal career as the first law clerk for the 
Superior Court in Fairbanks, where he not only completed legal research 
and wrote opinions for three judges, but also held hearings in probate 
and uncontested divorce cases. Following his clerkship, he maintained a 
litigation practice for 17 years. He left the practice of law to become 
a State trial court judge, and he has earned a stellar reputation for 
fairness and hard work among lawyers and judges in his community.
  I have every confidence that Judge Beistline will serve with 
distinction on the Federal district court for the district of Alaska.
  We are in the middle of a circuit court vacancy crisis, and the 
Senate is doing nothing whatsoever to address it.
  There were 31 vacancies in the Federal courts of appeals when 
President Bush sent us his first 11 circuit nominees on May 9, 2001, 
and there are 31 today. We are making no progress.
  Eight of President Bush's first 11 nominees have not even been 
scheduled for hearings, despite having been pending for 307 days as of 
today. All of these nominees received qualified or well-qualified 
ratings from the American Bar Association.
  A total of 22 circuit nominations are now pending for those 31 
vacancies.
  But we have confirmed only 1 circuit judge this year, and only 7 
since President Bush took office.
  The sixth circuit is half-staffed, with 8 of its 16 seats vacant. 
This crisis exists today despite the fact that we have 7 Sixth Circuit 
nominees pending motionless before the Judiciary Committee right now. 
Although the Michigan senators are blocking 3 of those nominees by not 
returning blue slips, the other 4 are completely ready to go, all have 
complete paperwork, good ratings by the ABA, and most importantly, the 
support of both home State senators.
  The D.C. Circuit is two-thirds staffed, with 4 of its 12 seats 
sitting vacant. This is despite the fact that President Bush nominated 
Miguel Estrada and John Roberts, who have not yet been given a hearing 
and whose nominations have not seen the light of day since they were 
nominated 307 days ago.
  There is simply no explanation for this situation other than stall 
tactics.
  The Senate Democrats are trying to create an illusion of movement by 
creating great media attention concerning a small handful of nominees 
in order to make it look like progress.

  Some try to blame the Republicans for the circuit court vacancy 
crisis, but that is complete bunk. Just look at the record:
  Some have suggested that 45 percent of President Clinton's circuit 
court nominees were not confirmed during his presidency. That number is 
a bit of an Enron-ization. It is inflated by double counting 
individuals that were nominated more than once. For example, by their 
numbers, Marsha Berzon--who was nominated in the 105th Congress, but 
not confirmed until the 106th--would count as two nominations and only 
one confirmation. If you remove the double counting and count by 
individuals, only 23 were not confirmed--that's 27 percent, as opposed 
to 45 percent.
  And of those 23 nominees who did not move, 4 were withdrawn, 8 lacked 
home State support, 1 had incomplete paperwork and another was 
nominated after the August recess in 2000. That leaves 9 circuit court 
nominees that did not receive action some of which had issues that I 
cannot discuss publicly.
  Now, as I said, there are currently 31 circuit court vacancies.
  During President Clinton's first term, circuit court vacancies never 
exceeded 21 at the end of any year.
  There were only 2 circuit court nominees left pending in committee at 
the end of President Clinton's first year in office. In contrast, 23 of 
President Bush's circuit court nominees were pending in committee at 
the end of last year.
  At the end of President Clinton's second year in office, the Senate 
had confirmed 19 circuit judges and there were only 15 circuit court 
vacancies.

  In contrast, today in President Bush's second year, the Senate has 
confirmed 1 and there are 22 pending.
  At the end of 1995, my first year as chairman, there were only 13 
circuit vacancies left at the end of the year.
  At the end of 1996, the end of President Clinton's first term and in 
a Presidential election year, there were 21 vacancies--only 1 higher 
than the number the Democrats left at the end of 1993 when they 
controlled the Senate and Clinton was President.
  Taking numbers by the end of each Congress, a Republican controlled 
Senate has never left as many circuit vacancies as currently exist 
today. At the end of the 104th Congress, the number was 18, at the end 
of the 105th Congress, that number was 14, and even at the end of the 
106th Congress, a Presidential election year, that number was only 25. 
Today there are 31 vacancies in the circuit courts.
  Despite all the talk--and lack of action--the unmistakable fact is 
that there is a circuit court vacancy crisis of 31 vacancies, which is 
far higher than the Republicans ever let it reach, and the current 
Senate leadership is doing nothing about it. Actually, I should correct 
myself, they are doing something about it: They are making it grow even 
larger. They have acted with a deliberate lack of speed, and that is 
something the American people do not deserve.
  I yield the floor.

[[Page S1740]]

  The ACTING PRESIDENT pro tempore. All time having expired, the 
question is, Will the Senate advise and consent to the nomination of 
Ralph R. Beistline, of Alaska, to be United States District Judge for 
the District of Alaska? The yeas and nays have been ordered. The clerk 
will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Pennsylvania (Mr. 
Specter) and the Senator from Pennsylvania (Mr. Santorum) are 
necessarily absent.
  The PRESIDING OFFICER (Mr. Carper). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                       [Rollcall Vote No. 46 Ex.]

                                YEAS--98

     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
     Domenici
     Dorgan
     Durbin
     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
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--2

     Santorum
     Specter
       
  The nomination was confirmed.
  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. MURKOWSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is laid upon the table, and the President shall be 
immediately notified of the Senate's action.

                          ____________________