[Congressional Record Volume 149, Number 99 (Tuesday, July 8, 2003)]
[Senate]
[Pages S9009-S9010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
NOMINATION OF DAVID G. CAMPBELL, OF ARIZONA, TO BE UNITED STATES
DISTRICT JUDGE FOR THE DISTRICT OF ARIZONA
The PRESIDING OFFICER. The hour of 11:30 having arrived, the Senate
will proceed to executive session for the consideration of Executive
Calendar No. 227 until the hour of 11:45, with the time equally divided
between the chairman and the ranking member of the Judiciary Committee
or their designees.
The clerk will report.
The legislative clerk read the nomination of David G. Campbell, of
Arizona, to be United States District Judge for the District of
Arizona.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAIG. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Unanimous Consent Agreement
Mr. FRIST. Mr. President, I ask unanimous consent that the cloture
vote with respect to the Wolski nomination be vitiated; provided
further that at 2:15 today the Senate resume the motion to proceed to
S. 11; further, I ask unanimous consent that on Wednesday the time
between 9:30 a.m. and 11 a.m. be equally divided between the two
leaders or their designees; that at 11:30 the Senate proceed to the
vote on invoking cloture on the motion to proceed to S. 11; and,
regardless of the outcome of that vote the Senate then proceed to an
immediate vote on the confirmation of Victor Wolski to be a judge of
the U.S. Court of Federal Claims.
I further ask unanimous consent that immediately after the
confirmation of the Wolski nomination the Senate proceed en bloc to
Executive Calendar Nos. 89, 129, and 130; and, further, that the
nominations be confirmed and the motions to reconsider be laid upon the
table, the President be immediately notified of the Senate's action,
and the Senate then resume legislative session.
Finally, I ask unanimous consent that following that action the
Senate then proceed to the consideration of Calendar No. 77, S. 925,
the State Department authorization bill.
The PRESIDING OFFICER. Is there objection?
Mr. DASCHLE. Mr. President, reserving the right to object--I will not
object--I will make a comment and then pose a clarification.
I talked to the majority leader earlier today about the concerns that
we have regarding Mr. Wolski. Although it was not our intent to extend
the debate indefinitely, it was our view that, given the nature of his
nomination, it deserved a little additional attention and some specific
time for debate beyond that which we were provided this morning.
I wish to express my appreciation to the majority leader for giving
us that opportunity. I hope, if there are breaks in the debate either
today or tonight, that Senators who have an interest in this particular
nomination use that time in addition to the amount of time that is
earmarked for the debate on the
[[Page S9010]]
nomination tomorrow morning. So we will certainly find a way in which
to make that part of the schedule.
The clarification: As I understand it--and I ask for the majority
leader's affirmation--Nos. 89, 129, and 130 are the nominations
involving the Federal Claims Court. They are the other nominees whose
names are still pending on the Executive Calendar. I ask the majority
leader if that is, indeed, the case.
Mr. FRIST. Mr. President, that is the case, and the understanding as
put forth in the unanimous consent request is that we proceed to them
en bloc. They are the other three on the claims court.
Mr. DASCHLE. Mr. President, I have no objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. KYL. Mr. President, I ask unanimous consent to speak for no more
than 2 minutes on the nomination of David Campbell upon which we are
about to vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KYL. Mr. President, I advise my colleagues that the person we are
about to vote on is one of the smartest candidates for Federal district
court that I have ever seen nominated by a President of either party.
His name is David Campbell. He is nominated to be a U.S. District Judge
for the District of Arizona.
He has a distinguished record in the State of Arizona, primarily with
the Phoenix law firm of Osborn and Maledon. He was a graduate of the
University of Utah Law School in 1979, where he was a note editor on
the Law Review and was awarded the Order of Coif.
He clerked for both Judge Clifford Wallace for the U.S. Court of
Appeals for the Ninth Circuit and for U.S. Supreme Court Justice
William Rehnquist.
He has practiced primarily in the civil area but has a broad
experience, including a lot of work with the Arizona State Bar
Association's Committee on Rules of Professional Responsibility, and he
has been cobar counsel in a majority bar disciplinary case.
In addition to his work in the law practice, he has taught as adjunct
professor of law at the Arizona State University Law School and was a
visiting professor at the J. Reuben Clark Law School at Brigham Young
University where he was named Professor of the Year.
He has published articles and has had a distinguished career as a
lawyer in the State of Arizona.
I think the Senate will be proud to have confirmed him to the Federal
bench. He epitomizes what we are looking for in judicial temperament,
intelligence and integrity, and I think the State of Arizona and the
U.S. bench generally will be the better as a result of our confirmation
of David Campbell.
I commend the President for his nomination of David Campbell.
I also express appreciation to David's wife Stacey and their five
children for putting up with what will now be a career on the Federal
bench for this very fine candidate, David Campbell.
I urge my colleagues to support the confirmation of his nomination to
be a U.S. Federal judge.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. HATCH. Mr. President, I rise today to express my strong support
for the confirmation of David G. Campbell to serve as a judge of the
United States District Court for the District of Arizona.
David Campbell is an extremely well-qualified nominee with a
significant amount of litigation experience, and he will make an
excellent addition to the federal bench.
He received his undergraduate degree magna cum laude, as well as his
law degree, from the University of Utah--which, in my view, is a
reliable and persuasive indication of his excellent judgment.
Upon graduation from law school, Mr. Campbell clerked for Ninth
Circuit Judge Clifford Wallace, and for then Associate Justice William
Rehnquist on the United States Supreme Court.
He joined the Phoenix law firm of Meyer, Hendricks, Victor, Osborn &
Maledon in 1982 and became a partner there in 1986. Since 1995, Mr.
Campbell has been a partner at its successor firm, Osborn Maledon,
where he practices in the area of general civil litigation. The
American Bar Association bestowed on Mr. Campbell its highest rating of
unanimously well qualified in recognition of his outstanding legal
skills and reputation.
In addition to his distinguished legal career, Mr. Campbell has been
a great asset to his community and has donated many hours of pro bono
service and volunteer time to help individuals and families in need in
his community. His volunteer service has included building homes for
the homeless in Mexico, providing Christmas supplies to crises
nurseries, and providing back to school clothing for disadvantaged
children. He was also named Professor of the Year in 1991 by the J.
Rueben Clark Law School at Brigham Young University for his service as
a visiting civil procedure professor.
I am confident that David Campbell will be a model jurist, and I urge
my colleagues to join me in supporting his confirmation.
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of David G. Campbell, of Arizona, to be
United States District Judge for the District of Arizona?
The yeas and nays have been ordered and the clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Oklahoma (Mr. Inhofe)
is necessarily absent.
Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the
Senator from North Carolina (Mr. Edwards), the Senator from Florida
(Mr. Graham), the Senator from Massachusetts (Mr. Kerry), the Senator
from Connecticut (Mr. Lieberman), the Senator from Georgia (Mr.
Miller), and the Senator from Florida (Mr. Nelson) are necessarily
absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote ``yea.''
The result was announced--yeas 92, nays 0, as follows:
[Rollcall Vote No. 263 Ex.]
YEAS--92
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
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Murkowski
Murray
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--8
Biden
Edwards
Graham (FL)
Inhofe
Kerry
Lieberman
Miller
Nelson (FL)
The nomination was confirmed.
The PRESIDING OFFICER (Mr. Sessions). Under the previous order, the
President shall be immediately notified of the Senate's action.
____________________