[Congressional Record Volume 149, Number 24 (Monday, February 10, 2003)]
[Senate]
[Pages S2109-S2113]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATIONS OF JOHN R. ADAMS TO BE U.S. DISTRICT JUDGE FOR THE NORTHERN
DISTRICT OF OHIO; S. JAMES OTERO TO BE U.S. DISTRICT JUDGE FOR THE
CENTRAL DISTRICT OF CALIFORNIA; AND ROBERT A. JUNELL TO BE U.S.
DISTRICT JUDGE FOR THE WESTERN DISTRICT OF TEXAS
The PRESIDING OFFICER. Under the previous order, the Senate will now
consider en bloc the following nominations, which the clerk will
report.
The assistant legislative clerk read the nominations of John R.
Adams, of Ohio, to be United States District Judge for the Northern
District of Ohio; S. James Otero, of California, to be United States
District Judge for the Central District of California; and Robert A.
Junell, of Texas, to be United States District Judge for the Western
District of Texas.
[[Page S2110]]
The PRESIDING OFFICER. Under the previous order, there are 15 minutes
equally divided for debate on the nominations.
The Senator from Utah.
Mr. HATCH. Mr. President, I ask unanimous consent that Senator Enzi
of Wyoming be recognized for up to 10 minutes immediately following the
final vote in the series of votes at 5:15 p.m. to speak on the Estrada
nomination and that Senator Feingold be accorded at least 10 minutes
immediately following Senator Enzi.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, parliamentary inquiry. Am I correct, while
there is time divided between the distinguished chairman and myself
prior to these votes, there will be three separate votes, and have the
yeas and nays been ordered?
The PRESIDING OFFICER. The yeas and nays have not been ordered.
Mr. LEAHY. I ask unanimous consent that it be in order to request the
yeas and nays on all three nominations.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. I ask for the yeas and nays on all three nominations.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, I ask my dear friend if it is possible to
vote on all three en bloc, with one vote being considered three
separate votes?
Mr. LEAHY. Mr. President, in answer to that question, to accommodate
a number of Senators on the distinguished chairman's side of the aisle,
at the time I was chairman, I tried doing that once, and the objection
was so vociferous from both sides that I said I was never going to try
that again. I would have no objection. I have tried to do that. I have
been told there are many who feel that would be inappropriate, so we
will not be able to do it.
Mr. HATCH. I withdraw the request.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, these are three excellent district court
nominees. They deserve to be confirmed, as I think all of President
Bush's nominees deserve to be confirmed. I recommend every Senator vote
for each of these three nominees. I hope we can get other nominees to
the floor as soon as possible as well.
I thank my colleagues on the other side for being willing to move to
these three nominees last week in our markup and to allow them to be
brought up this early. I believe we will all be pleased we can vote for
such excellent nominees. I hope we can move all the other judgeship
nominees this President has nominated as quickly as possible.
I yield the floor.
The PRESIDING OFFICER (Ms. Murkowski). The Senator from Vermont.
Mr. LEAHY. Madam President, we will vote on three judges. Let me
mention them briefly.
Mr. HATCH. Will the Senator yield?
Mr. LEAHY. Yes.
Mr. HATCH. I reserve the remainder of my time. I may have a few
people who wish to speak. I thank the Senator.
Mr. LEAHY. Madam President, today the Senate will vote on the
confirmation of John Adams to the United States District Court for the
Northern District of Ohio. Judge Adams, incidentally, is named to
replace Judge George Washington White, so we have the historical
circumstance of another John Adams following another George Washington.
Judge Adams has had an admirable career as an attorney and a judge.
He has worked in private practice and served as a prosecutor. He has
handled civil matters as well as criminal, and he has devoted a
significant amount of time to issues beyond his law practice. As a
judge, Mr. Adams has been a member of the Summit County Civil Justice
Commission, whose goal is to institute reforms in the administration of
civil justice in Summit County, and the Summit County Criminal Justice
Coordination Council, whose goal is to make recommendations and oversee
the operations of the criminal justice system and corrections in Summit
County. He is also involved in the Ohio Community Corrections
Organization, which tries to work together to develop, improve, expand,
and promote adult and juvenile community corrections by bringing
judges, prosecutors, defense attorneys, law enforcement officials,
treatment providers and other parties together to work toward common
goals of community intervention for offenders.
Judge Adams has been involved in a number of other charitable, civic
and professional organizations. He is a life member of the NAACP. He
has also served as a member of, among others, the following
organizations: the Summit County Mental Health Association, part of a
network of professionals and volunteers committed to improving
America's mental health and seeking victory over mental illness. His is
the sort of solid record of accomplishments, and not ideology, that the
President should try and seek out in his future federal court nominees.
I congratulate Judge Adams and his family and friends on his
confirmation.
Today the Senate will also vote on the confirmation of Robert Junell,
nominated to the U.S. District Court for the Western District of Texas.
His will be the eighth of President Bush's district court judges
confirmed to serve in the State of Texas. Seven of those judges were
given hearings and votes during the 17 months I served as chairman of
the Judiciary Committee. That was nearly one judge for Texas every
other month, in addition to the four United States Attorneys and three
United States Marshals who were reviewed and confirmed in that period
of time.
This is in great contrast to the fate of many of President Clinton's
nominees from Texas, who were blocked and delayed by the Republican
majority, including Enrique Moreno, nominated to the Fifth Circuit
Court of Appeals who never got a hearing, never got a vote; Jorge
Rangel, nominated to the Fifth Circuit Court of Appeals who never got a
hearing, never got a vote, and; Hilda Tagle to the District Court,
whose confirmation was delayed nearly two years for no good reason.
So I am glad to see another judge appointed to the Texas bench, and
am confident he will serve with more distinction than at least one of
his future colleagues, Judge Ron Clark. Judge Clark, a personal friend
of the President's was among the judges we confirmed last year to a
district court seat in Texas. Judge Clark's commission was not
immediately forthcoming from the White House. We learned that Mr. Clark
was quoted as saying that he had asked the White House to delay signing
his commission while he ran for political office as a Republican so
that he could help Republicans keep a majority in the Texas State House
until the end of the session in mid-2003. The White House was
apparently complicit in these unethical partisan actions by a person
confirmed to the federal bench. Clark, who was confirmed to a seat on
the federal district court in Texas, was actively campaigning for
election despite his confirmation.
These actions brought discredit to the court to which Mr. Clark was
nominated by the President and confirmed by the Senate, and call into
question Judge Clark's ability to put aside his partisan roots and be
an impartial adjudicator of cases. Even in his answers under oath to
this Committee, he swore that if he were ``confirmed'' he would follow
the ethical rules. Canon 1 of the Code of Conduct for United States
Judges explicitly provides that the Code applies to ``judges and
nominees for judicial office'' and Canon 7 provides quite clearly that
partisan political activity is contrary to ethical rules. In his
answers to me, Mr. Clark promised ``[s]hould I be confirmed as a judge,
my role will be different than that of a legislator.'' Yet, even after
his confirmation he was flaunting the promises he made to me, to the
Senate Judiciary Committee and to the Senate as a whole. That the White
House was prepared to go along with these shenanigans reveals quite
clearly the political way they approach judicial nominations.
Only after the New York Times reported these unseemly actions, did
the President sign Judge Clark's appointment papers. Judge Clark then
announced that he would stop ``campaigning'', but he insisted on
reminding State voters that they still had a choice in the election in
November. His
[[Page S2111]]
name remained on the ballot. And indeed, he was elected to his old seat
in the Texas Legislature.
I trust that Mr. Junell, who comes highly recommended by
Representative Charlie Stenholm of Texas, and who has also been a
member of the Texas House of Representatives, has a better
understanding of the proper role of a Federal judge than did Mr. Clark,
and will serve the people of the Western District of Texas with
distinction. Mr. Junell has certainly worked hard during his varied
career as a litigator and a politician to help numerous disadvantaged
individuals. A life member of the NAACP, Mr. Junell is also a former
member of the board of directors of the La Esperanza clinic.
I congratulate the nominee and his family on his confirmation.
With today's confirmation of Judge S. James Otero to be a United
States District Judge for the Central District of California, the
Senate is filling a vacancy that by all rights could have been filled
years ago. Judge Otero, now serving on the Los Angeles Superior Court,
will be filling a seat left open on the elevation of Judge Richard Paez
to the Ninth Circuit Court of Appeals in 2000. Judge Paez, of course,
was nominated to that vacancy on the appellate court more than 4 years
before he was confirmed.
Judge Otero's nomination is a good example of the kinds of bi-
partisan candidates the President ought to be sending the Senate. He
comes to us after being unanimously approved by California's bipartisan
Judicial Advisory Committee--a committee established through an
agreement Senator Feinstein and Senator Boxer reached with the White
House. This committee works to take the politics out of judicial
nominations. It reviews qualified, consensus nominees who will serve on
the Federal judiciary with distinction. Too often in the last 2 years
we have seen the recommendations of such bipartisan panels rejected or
stalled at the White House. Instead, they should be honored and
encouraged.
I note that Judge Otero has contributed strongly to his community,
working with and on behalf of Latinos nationally and in California. He
has worked on a pro bono project for the Mexican Legal Defense and
Education Fund, and served as a member of the Mexican Bar Association,
the Stanford Chicano Alumni Association, and the California Latino
Judges Association, among others. This stands in stark contrast to a
nominee such as Miguel Estrada, whose nomination has dominated debate
today. Judge Otero has taken many opportunities to help Hispanics and
all Californians.
During the 17 months I was chairman of the Judiciary Committee, I
worked hard to ensure that Hispanics were confirmed to the Federal
bench, and I am proud of that record. Many Hispanics nominated by
President Clinton were blocked or delayed by the Republican majority,
and I did not want to see that repeated. Fine nominees such as Jorge
Rangel, Enrique Moreno and Ricardo Morado were never given hearings.
Others, including Judge Richard Paez, Judge Sonia Sotomayor, and Judge
Hilda Tagle, were stalled for no good reason. I am proud that did not
happen on my watch, I am glad to say that we quickly considered and
confirmed nominees such as Christina Armijo to the District Court in
New Mexico, Philip Martinez to the District Court in Texas, Jose
Martinez to the District Court in Florida, Alia Ludlum to the District
Court in Texas, and Jose Linares to the District Court in New Jersey.
I congratulate Judge Otero and his family on his confirmation and the
people of California on a fine Federal judge to fill the seat of such
Judge Richard Paez in the Central District.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. I yield such time as she may consume to Senator Hutchison
from Texas.
The PRESIDING OFFICER. The Senator from Texas.
Mrs. HUTCHISON. Madam President, how many minutes remain for Senator
Hatch?
The PRESIDING OFFICER. There are 5 minutes remaining.
Mrs. HUTCHISON. I ask the Presiding Officer to notify me at 3
minutes.
Madam President, I am very pleased to speak on behalf of someone who
I really know well and have a great deal of confidence in, and that is
State Representative Rob Junell. Rob is being nominated, and hopefully
confirmed today, to be the U.S. district judge for the Western District
of Texas. He will reside in Midland.
This is a very important court. It has been designated as a judicial
emergency by the Judicial Conference of the United States.
Rob is a native of West Texas and is currently of counsel to a San
Angelo law firm. He served seven terms in the Texas legislature where
he was chairman of the Appropriations and Budget Committees. I worked
with him to try to make sure Texas had a limitation on State debt, and
it was because of Robert Junell's absolute insistence we pass this
legislation that we were able to do it in one session, and it has
served my State of Texas well to have a limit on State debt. Rob Junell
deserves credit for that.
Rob Junell earned a degree from the New Mexico Military Institute and
from Texas Tech University. He also graduated from the University of
Arkansas with a master's degree in political science and a law degree
with honors from Texas Tech Law School.
Rob Junell has been a leader in the State of Texas. I have worked
with him in many ways. I think he is one of the smartest people with
whom I have ever worked. He also took time to be a part of his
community of San Angelo. He served on the boards of the United Way of
Concho Valley and the San Angelo AIDS Foundation. He is a lifetime
member of the NAACP. He meets the high standards we set for Federal
judges. I know he is going to be a really terrific Federal judge,
because he knows the law and he knows what is fair. He has that sense
about him of what is right and what is not. He also knows the place of
a judge. Having been a legislator, he knows it is the elected
representatives who should make law, not judges with lifetime
appointments. So he will change his course now from being a legislator,
elected by the people, and making very important laws for my State of
Texas, to becoming a judge and interpreting those laws and trying to
see what the legislature meant.
It is my honor to speak on behalf of Rob Junell and recommend him to
my colleagues in the Senate for confirmation.
I thank the chairman, Senator Hatch, and the ranking member, Senator
Leahy, for acting expeditiously on this nomination, and I especially
thank Senator Hatch for reserving time for me.
I yield the floor.
Mr. DeWINE. Mr. President, I rise today in support of the nomination
of Judge John Adams. Judge Adams, from Akron, has been nominated to be
U.S. District Judge for the Northern District of Ohio. He currently
serves as a Judge on the Court of Common Pleas in Summit County, Ohio.
Judge Adams is a 1978 graduate of Bowling Green State University,
where he earned a Bachelor of Science degree in Education. In 1983, he
received his law degree from the University of Akron School of Law.
While a law student at Akron, Judge Adams clerked for Judge W.F. Spicer
with the Summit County Court of Common Pleas.
Following this clerkship, Judge Adams spent 5 years in private
practice with the law firm of Germano, Rondy, Ciccolini Co., and during
this time, also served as Assistant Summit County Prosecutor. In 1989,
Judge Adams returned to private practice as an associate and then a
partner at the firm of Kauffman & Kauffman in Akron.
Since 1999, Judge Adams has served as a Judge on the Court of Common
Pleas for Summit County. In this position, Judge Adams has demonstrated
that he is an intelligent, hard working, and dedicated jurist. He is
well respected, both inside the courtroom and out, and exhibits an
excellent judicial temperament. He has shown that he has what it takes
to be an excellent District Court Judge.
In endorsing his re-election effort last November, the Akron Beacon
Journal stated that Judge Adams ``has the potential to be a
distinguished federal judge, building on the record of fairness and
thoughtfulness that has marked his three years on the county bench.'' I
agree completely with that sentiment.
Judge Adams' accomplishments are indeed impressive, and I am pleased
[[Page S2112]]
that the Senate is voting on his nomination today. I urge my colleagues
to join me in voting to confirm Judge Adams.
Mr. HATCH. Madam President, I am pleased that we have three excellent
district court nominees on the floor this evening, John Adams for the
Northern District of Ohio, Robert Junell for the Western District of
Texas, and Judge Samuel Otero for the Central District of California.
They have been nominated to fill seats considered judicial emergencies
by the U.S. Judicial Conference, so our action today is especially
important. I support all of them without any reservation, and I ask my
colleagues to join me in confirming their nominations. Let me say a few
words about each nominee.
John Adams, Jr., our nominee to the U.S. District Court for the
Northern District of Ohio, has extensive experience in both the private
and public sectors of the legal community. Judge Adams has 15 years of
experience in private practice, and he served for 3 years as an
assistant county prosecutor at the Summit County Prosecutor's Office.
Since 1999, Judge Adams has served on the Court of Common Pleas for
Summit County.
Robert A. Junell, nominated to the U.S. District Court for the
Western District of Texas, has distinguished himself both as an
advocate and a legislator. Mr. Junell has over 25 years of civil
litigation experience, with a specialty in personal injury law, and he
has served as a member of the Texas House of Representatives since
1988.
Our third nominee, Judge Samuel Otero, who has been nominated for the
Central District of California, served as a Los Angeles deputy city
attorney for 10 years, handling approximately 130 superior court and
municipal court cases during his tenure. Since being nominated to the
California bench in 1988, Judge Otero has served on both the Los
Angeles Superior and Municipal Courts.
I am confident that all three nominees will serve with honor and
distinction. I compliment the President for putting their nominations
forward and I look forward to their confirmation.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. I know the time is running, but I ask the distinguished
Senator from Utah if he would ask the majority leader if we could have
10-minute votes after this first vote which is 15 minutes.
Mr. HATCH. I ask unanimous consent that after the first vote, the two
remaining votes be no longer than 10 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The question is, Will the Senate advise and consent to the nomination
of John Adams, of Ohio, to be United States district judge for the
Northern District of Ohio.
The yeas and nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. FRIST. I announce that the Senator from Kentucky (Mr. McConnell)
and the Senator from Texas (Mr. Cornyn) are necessarily absent.
Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the
Senator from New Jersey (Mr. Lautenberg), the Senator from Illinois
(Mr. Durbin), the Senator from Florida (Mr. Graham), the Senator from
Massachusetts (Mr. Kerry), the Senator from New Jersey (Mr. Corzine),
and the Senator from Georgia (Mr. Miller) are necessarily absent.
I further announce that, if present and voting, the Senator from
Delaware (Mr. Biden), the Senator from New Jersey (Mr. Corzine), the
Senator from Illinois (Mr. Durbin), and the Senator from Massachusetts
(Mr. Kerry) would each vote ``aye''.
The result was announced--yeas 91, nays 0, as follows:
[Rollcall Vote No. 31 Ex.]
YEAS--91
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--9
Biden
Cornyn
Corzine
Durbin
Graham (FL)
Kerry
Lautenberg
McConnell
Miller
The nomination was confirmed.
Mr. LEAHY. I move to reconsider the vote.
Mr. DORGAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER (Mr. Talent). The question is, Will the Senate
advise and consent to the nomination of S. James Otero, of California,
to be United States District Judge for the Central District of
California? The yeas and nays have been ordered. The clerk will call
the roll.
The assistant legislative clerk called the roll.
Mr. FRIST. I announce that the Senator from Kentucky (Mr. McConnell)
is necessarily absent.
Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the
Senator from New Jersey (Mr. Corzine), the Senator from Illinois (Mr.
Durbin), the Senator from Florida (Mr. Graham), and the Senator from
Massachusetts (Mr. Kerry) are necessarily absent.
I further announce that, if present and voting, the Senator from
Delaware (Mr. Biden), the Senator from New Jersey (Mr. Corzine), the
Senator from Illinois (Mr. Durbin), and the Senator from Massachusetts
(Mr. Kerry) would each vote ``aye''.
The result was announced--yeas 94, nays 0, as follows:
[Rollcall Vote No. 32 Ex.]
YEAS--94
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--6
Biden
Corzine
Durbin
Graham (FL)
Kerry
McConnell
The nomination was confirmed.
Mr. SCHUMER. Mr. President, I move to reconsider the vote.
Mr. THOMAS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of Robert A. Junell, of Texas, to be United
States District Judge for the Western District of Texas? The yeas and
nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. FRIST. I announce that the Senator from Mississippi (Mr. Lott),
the Senator from Kentucky (Mr. McConnell), and the Senator from
Oklahoma (Mr. Nickles) are necessarily absent.
Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the
Senator from New Jersey (Mr. Corzine), the Senator from Illinois (Mr.
Durbin), the Senator from Florida (Mr. Graham), the Senator from
Vermont (Mr. Jeffords), and the Senator from Massachusetts (Mr. Kerry)
are necessarily absent.
I further announce that, if present and voting, the Senator from
Delaware
[[Page S2113]]
(Mr. Biden), the Senator from New Jersey (Mr. Corzine), the Senator
from Illinois (Mr. Durbin), and the Senator from Massachusetts (Mr.
Kerry) would each vote aye.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 91, nays 0, as follows:
[Rollcall Vote No. 33 Ex.]
YEAS--91
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
McCain
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--9
Biden
Corzine
Durbin
Graham (FL)
Jeffords
Kerry
Lott
McConnell
Nickles
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the President will
be notified of the Senate's action on the three nominations.
The Senator from Utah.
____________________