[Congressional Record Volume 149, Number 86 (Thursday, June 12, 2003)]
[Senate]
[Pages S7820-S7823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on today's Executive Calendar:
  No. 223 and on the Secretary's Desk, PN443 and PN182.
  The PRESIDING OFFICER. Without objection, it is so ordered.


 Nomination of John W. Woodcock to be United States District Judge for 
                         The District of Maine

  Ms. COLLINS. Mr. President, for the information of my colleagues, 
Executive Item No. 223 is the nomination of John Woodcock to be a 
District Judge for the District of Maine. I am very pleased to rise 
tonight to speak on his behalf. Maine's senior Senator, Olympia Snowe, 
and I are very proud to have recommended John for this prestigious 
position on the Federal bench.

  I have known John Woodcock for many years. John, in fact, recruited 
me several years ago to serve as a trustee on the board of the Eastern 
Maine Medical Center, which he has chaired for 23 years. This is 
typical of John's service to his community. He has devoted countless 
hours volunteering his time and energy to his alma mater, Bowdoin 
College; Eastern Maine Charities; the Maine State Commission on Arts 
and Humanities; the Good Samaritan Agency; and the Bangor Children's 
Home, to name just a few.
  The Woodcock family has a proud tradition of public service that 
spans generations. In fact, two of John's sons have served as members 
of my staff.

[[Page S7821]]

Jack currently serves on my Governmental Affairs Committee staff, while 
Patrick works as a college intern in my Bangor office. I once remarked 
to John--and repeated it at the Judiciary Committee hearing, which the 
Presiding Officer chaired that day--that his sons' hard work and 
professional demeanor were proof that the apple does not fall far from 
the tree. After the hearing, John wrote to me, in his typically 
gracious and unassuming and self-effacing way, and said in his mind the 
tree has always been his wife, Beverly.
  Lest John's modesty hide his extensive accomplishments, let me take 
just a moment to share with my colleagues his qualifications to be a 
Federal judge.
  John began practicing law nearly 30 years ago and has built a 
distinguished career as a litigator. He has served as an assistant 
district attorney for the State of Maine and has worked in private 
practice as an associate and as a partner of several law firms in the 
great State of Maine.
  In 1991, he joined several colleagues to form the Bangor law firm of 
Weatherbee, Woodcock, Burlock & Woodcock.
  During his career, John has served as lead counsel in 47 separate 
appeals to the Maine Supreme Judicial Court on issues ranging from 
trust law to criminal law.
  John has also taken an active role in improving the standards of the 
legal profession, serving, for example, on the Maine Supreme Judicial 
Court's Advisory Committee on Professional Responsibility. As a member 
of this committee, John worked to draft a series of aspirational goals 
to help guide lawyers who elect to advertise with their professional 
obligations in this area.
  Those of us who are familiar with John Woodcock's sterling character 
and stellar legal career were not surprised when the American Bar 
Association's Standing Committee on the Federal Judiciary unanimously 
rated him as ``well qualified''--the highest possible rating. Indeed, 
it would be difficult for Senator Snowe and I to come up with another 
candidate better suited to serve as a Federal judge in the State of 
Maine.
  The Senate Judiciary Committee also voted unanimously to approve his 
nomination on June 5.
  Mr. President, John has the legal excellence, the temperament, and 
the integrity to serve on the Federal bench. I have every confidence he 
will faithfully follow the law as interpreted by higher courts and that 
he will bring justice to the parties before him.
  I wholeheartedly and enthusiastically support John Woodcock's 
nomination for a Federal district court judgeship, and I urge my 
colleagues, in voting this evening, to confirm this terrific 
individual.
  Ms. SNOWE. Mr. President, I rise to speak in support of Senate 
confirmation of Mr. John A. Woodcock, Jr. of Hamden, ME, as Federal 
judge for the United States District Court for the District of Maine in 
Bangor.
  John's roots run deep in the Bangor community. His family has been 
there for generations, and John attended John Bapst High School in the 
heart of downtown. He began his law career in Bangor 26 years ago, and 
today he is with the Bangor law firm of Woodcock, Weatherbee, Burlock, 
and Woodcock, having argued 46 cases before the Maine Supreme Judicial 
Court. He has served on the Maine Supreme Court Advisory Committee on 
Professional Responsibility, while also giving of himself personally to 
the community.
  Indeed, for about 25 years he has served on the board of Eastern 
Maine Healthcare Systems and is now president of Eastern Maine Medical 
Center's Board of Directors. Among other involvements, over the last 7 
years John has also served as the attorney-coach for the Hampden 
Academy Mock Trial Team.
  Mr. Woodcock is well-qualified for this position, as evidenced by the 
unanimous decision of the Senate Judiciary Committee to favorably 
report his nomination to the full Senate on June 5, 2003. Moreover, the 
American Bar Association unanimously named John as ``well qualified''--
meaning, ``The nominee is at the top of the legal profession in his or 
her legal community, has outstanding legal ability, breadth of 
experience, the highest reputation for integrity, and either has 
demonstrated, or exhibited the capacity for, judicial temperament.''
  In Maine, the Federal Judicial Nomination Advisory Committee that 
Senator Collins and I assembled--with over 270 combined years 
practicing law--selected John Woodcock as their top recommendation. And 
former Senator and Secretary of Defense Bill Cohen has said of John 
that, ``In his years of practice, John has developed a statewide 
reputation as a skilled litigator and an effective counselor. He has 
deep experience in litigation at trial and appellate levels and is well 
regarded throughout the Maine Bar.''
  As I told the Judiciary Committee when I had the privilege of 
introducing John to the committee at his hearing on May 22, Maine's 
U.S. District Court has a long history, as one of the first such courts 
established in 1789. Should Mr. Woodcock be confirmed, he would become 
only the 16th judge appointed to the court by the President of the 
United States over its 213-year history. Moreover, the position for 
which Mr. Woodcock has been nominated is the lone Federal judge 
position in northern Maine. With John's record and qualifications, he 
has the depth of experience, the temperament, and the integrity 
demanded by the gravity of the office for which he has been chosen. He 
will uphold and enhance not only Maine's tradition of exceptional trial 
judges, but he will also reflect the finest ideals and expectations of 
our Federal judiciary.
  As I also told the Judiciary Committee, from a layman's point of 
view--the best trial judges are distinguished by their ability to 
balance several, sometimes competitive personal dynamics. They balance 
broad lie exposure with specific courtroom experience, raw legal 
aptitude with common sense, patience with firmness, and intellectual 
curiosity with focused decision-making. John Woodcock embodies all of 
those traits and characteristics, and with his substantial and broad 
legal and courtroom experience, as well as his keen intellect and 
perspective, solid character, and outstanding reputation, I am most 
proud to recommend to my colleagues that he be confirmed as Federal 
judge for the United States District Court for the District of Maine.
  I ask unanimous consent a copy of Secretary Cohen's letter be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                              The Cohen Group,

                                     Washington, DC, May 19, 2003.
     Hon. Orrin Hatch,
     Chairman, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Orrin: I have recently learned that John A. Woodcock, 
     Jr., who has been nominated for a U.S. District judgeship for 
     the District of Maine, is scheduled to appear before the 
     Committee on the Judiciary on May 22, 2003. Senator Olympia 
     Snowe recommended Mr. Woodcock for this position in 
     conjunction with the support of Senator Susan Collins.
       I have known John Woodcock for many years. He is a native 
     of my hometown, Bangor, and attended my alma mater, Bowdoin 
     College, graduating in 1972. He attended the University of 
     Maine School of Law, graduating in 1976, and has been 
     continuously engaged in the practice of law ever since. In 
     his years of practice, John has developed a statewide 
     reputation as a skilled litigator and an effective counselor. 
     He has deep experience in litigation at trial and appellate 
     levels and is well regarded throughout the Maine Bar.
       John has also given his time and energies unstintingly to 
     local civic groups. He has recently completed more than 20 
     years of service on the board of the Eastern Maine Medical 
     Center, an institution vital to providing quality health care 
     in northern and eastern Maine. John is married to Beverly 
     Woodcock and they have a fine family of three boys, Jack, 
     Patrick, and Chris. Jack now works on the Governmental 
     Affairs Committee for Senator Collins.
       The U.S. District Court for the District of Maine has a 
     long practice of excellence in its judicial appointments and 
     the nomination of John Woodcock is in every way consistent 
     with that tradition. I recommend him to you with enthusiasm 
     and without reservation.
       With best personal regards, I am
           Sincerely,
                                                 William S. Cohen,
                                                 Chairman and CEO.

  Mr. HATCH. Mr. President, I rise today to express my enthusiastic 
support for the nomination of John A. Woodcock to be a United States 
District Judge for the District of Maine. Mr. Woodcock possesses over 
25 years of litigation experience and will serve his country well as a 
Federal judge.

[[Page S7822]]

  After graduating from the University of Maine Law School in 1976, Mr. 
Woodcock joined the law firm of Stearns, Finnegan & Needham where he 
practiced general civil litigation until 1980. From 1977-1978, Mr. 
Woodcock was a part-time assistant district attorney. While in the 
district attorney's office, he handled all criminal appeals from two 
different counties to the Maine Supreme Judicial Court and was the lead 
prosecutor in approximately 20 criminal jury trials. In 1980, Mr. 
Woodcock joined Mitchell & Stearns until forming the smaller law firm 
of Weatherbee, Woodcock, Burlock & Woodcock in 1991, where he currently 
practices general civil litigation.
  During his career, Mr. Woodcock has been involved in 47 separate 
appeals to the Maine Supreme Judicial Court on issues ranging from 
criminal law to trust law. Mr. Woodcock has volunteered his time as a 
member of several community boards and he is also the attorney-coach 
for the local high school mock trial team.
  After reviewing his record, the ABA gave Mr. Woodcock their highest 
rating of unanimously well qualified. The committee also received a 
letter from former Clinton administration Secretary of Defense William 
Cohen praising Mr. Woodcock's skills as a litigator. He writes, ``I 
have known John Woodcock for many years. . . . The U.S. District Court 
for the District of Maine has a long practice of excellence in its 
judicial appointments and the nomination of John Woodcock is in every 
way consistent with that tradition.''
  I will submit a copy of this letter for the Record. These are words 
of high praise and I applaud Mr. Woodcock on his many accomplishments. 
I am certain he will bring great credit to the Federal bench and I urge 
my colleagues to join me in supporting this highly qualified nominee.
  I ask unanimous consent that the above-mentioned letter be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                                   The Cohn Group,
                                     Washington, DC, May 19, 2003.
     Hon. Orrin Hatch,
     Chairman, Committee on the Judiciary,
     SD-224,
     U.S. Senate,
     Washington, D.C.
       Dear Orrin: I have recently learned that John A. Woodcock, 
     Jr., who has been nominated for a U.S. District judgeship for 
     the District of Maine, is scheduled to appear before the 
     Committee on the Judiciary on May 22, 2003. Senator Olympia 
     Snowe recommended Mr. Woodcock for this position in 
     conjunction with the support of Senator Susan Collins.
       I have known John Woodcock for many years. He is a native 
     of my hometown, Bangor and attended my alma mater, Bowdoin 
     College, graduating in 1972. He attended the University of 
     Maine School of Law, graduating in 1976, and has been 
     continuously engaged in the practice of law ever since. In 
     his years of practice, John has developed a statewide 
     reputation as a skilled litigator and an effective counselor. 
     He has deep experience in litigation at trial and appellate 
     levels and is well regarded throughout the Maine Bar.
       John has also given his time and energies unstintingly to 
     local civic groups. He has recently completed more than 20 
     years of service on the board of the Eastern Maine Medical 
     Center, an institution vital to providing quality health care 
     in northern and eastern Maine. John is married to Beverly 
     Woodcock and they have a fine family of three boys, Jack, 
     Patrick, and Chris. Jack now works on the Governmental 
     Affairs Committee for Senator Collins.
       The U.S. District Court for the District of Maine has a 
     long practice of excellence in its judicial appointments and 
     the nomination of John Woodcock is in every way consistent 
     with that tradition. I recommend him to you with enthusiasm 
     and without reservation.
       With best personal regards, I am,
           Sincerely,
                                                 William S. Cohen.

  Mr. LEAHY. Mr. President, today, we vote to confirm John A. Woodcock, 
Jr. to a lifetime appointment on the United States District Court for 
the District of Maine. With this confirmation we will have helped fill 
the sole vacancy on that court. That vacancy, which arose early this 
year when Judge Carter took senior status, is important to the people 
of Maine and New England. I have been glad to work with the Senators 
from Maine to expedite the confirmation of this nominee and provide 
bipartisan support. I congratulate the nominee and his family.
  The Senate has now confirmed 132 judges nominated by President Bush, 
including 26 circuit court judges. One hundred judicial nominees were 
confirmed when Democrats acted as the Senate majority for 17 months 
from the summer of 2001 to adjournment last year. After today, 32 will 
have been confirmed in the other 12 months in which Republicans have 
controlled the confirmation process under President Bush. This total of 
132 judges confirmed for President Bush is more confirmations than the 
Republicans allowed President Clinton in all of 1995, 1996 and 1997--
the first 3 years they controlled the Senate process for President 
Clinton. In those 3 full years, the Republican leadership in the Senate 
allowed only 111 judicial nominees to be confirmed, which included only 
18 circuit judges. We have already exceeded that total by 19 percent 
and the circuit court total by 40 percent with 6 months remaining to us 
this year. In truth, we have achieved all this in less than 2 years 
because of the delays in organizing and reorganizing the Senate in 
2001. The Judiciary Committee was not even reassigned until July 10, 
2001, so we have now confirmed 132 judges in less than 2 years.
  In the first half of this year, the 32 confirmations is more than 
Republicans allowed to be confirmed in the entire 1996 session, when 
only 17 district court judges were added to the Federal courts across 
the nation. In the first half of this year, with 9 circuit court 
confirmations, we have already exceeded the average of 7 per year 
achieved by Republican leadership from 1995 through the early part of 
2001. That is more circuit court confirmations in 6 months than 
Republicans allowed confirmed in the entire 1996 session, in which 
there were none confirmed; in all of 1997, when there were 7 confirmed; 
in all of 1999, when there were 7 confirmed; or in all of 2000, when 
there were 8 confirmed. The Senate has now achieved more in fewer than 
6 full months for President Bush than Republicans used to allow the 
Senate to achieve in 4 of the 6 full years they were in control of the 
Senate when President Clinton was making judicial nominations. We are 
moving two to three times faster for this President's nominees, despite 
the fact that the current appellate court nominees are more 
controversial, divisive and less widely-supported than President 
Clinton's appellate court nominees were.
  If the Senate did not confirm another judicial nominee all year and 
simply adjourned today, we would have treated President Bush more 
fairly and would have acted on more of his judicial nominees than 
Republicans did for President Clinton in 1995-97 or the period 1996-99. 
In addition, the vacancies on the Federal courts around the country are 
significantly lower than the 80 vacancies Republicans left at the end 
of 1997 or the 110 vacancies that Democrats inherited in the summer of 
2001. We continue well below the 67 vacancy level that Senator Hatch 
used to call ``full employment'' for the Federal judiciary. Indeed we 
have reduced vacancies to their lowest level in the last 13 years. So 
while unemployment has continued to climb for Americans to 6.1 percent 
last month, the Senate has helped lower the vacancy rate in Federal 
courts to an historically low level that we have not witnessed in over 
a decade. Of course, the Senate is not adjourning for the year and the 
Judiciary Committee continues to hold hearings for Bush judicial 
nominees at between two and four times as many as it did for President 
Clinton's.
  For those who are claiming that Democrats are blockading this 
President's judicial nominees, this is another example of how quickly 
and easily the Senate can act when we proceed cooperatively with 
consensus nominees. The Senate's record fairly considered has been 
outstanding--especially when contrasted with the obstruction of 
President Clinton's moderate judicial nominees by Republicans between 
1996 and 2001.
  Ms. COLLINS. Mr. President, I now ask unanimous consent that the 
nominations be confirmed en bloc, the motions to reconsider be laid 
upon the table, and that the President be immediately notified of the 
Senate's action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:

[[Page S7823]]

                             the judiciary

       John A. Woodcock, Jr., of Maine, to be United States 
     District Judge for the District of Maine.

               Nominations Placed on The Secretary's Desk


                               air force

       C-PN443 Air Force nominations (23) beginning EUGENE L. 
     CAPONE, and ending ALLEN L. WOMACK, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 24, 2003.
       C-PN182 Air Force nominations (104) beginning ELISE A. 
     *AHLSWEDE, and ending PAUL K. *YENTER, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of January 13, 2003.

  Ms. COLLINS. Mr. President, I further ask unanimous consent that at 
10 a.m. on Friday, June 13, the Senate proceed to executive session for 
the consideration of Calendar No. 218, the nomination of R. Hewitt Pate 
to be an Assistant Attorney General; provided further that the Senate 
immediately proceed to a vote on the confirmation of the nomination, 
and that following the vote, the President be immediately notified of 
the Senate's action, and that the Senate then resume legislative 
session.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________