[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.

                          ____________________