[Congressional Record Volume 149, Number 138 (Thursday, October 2, 2003)]
[Senate]
[Pages S12346-S12347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF WILLIAM Q. HAYES, OF CALIFORNIA, TO BE UNITED STATES 
                             DISTRICT JUDGE

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to executive session to consider Executive Calendar No. 382, 
which the clerk will report.
  The legislative clerk read the nomination of William Q. Hayes, of 
California, to be United States District Judge for the Southern 
District of California.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Mr. President, William Q. Hayes is certainly qualified to 
be a Federal district court judge for the Southern District of 
California. I recommend to all our colleagues they support him. I 
believe everybody will be pleased with the service he will give.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I yield my time to the Senator from 
California.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I thank Senator Leahy and Senator Hatch. 
This is an excellent nominee for the Southern District Court of 
California, William Hayes.
  I want to emphasize the excellent process that we have in place to 
select District Court nominees in California.
  In a truly bipartisan fashion, the White House Counsel, Senator 
Feinstein and I worked together to create four judicial advisory 
committees for

[[Page S12347]]

the State of California, one in each Federal judicial district in the 
State.
  Each committee has a membership of six individuals: three appointed 
by the White House and three appointed jointly by Senator Feinstein and 
me. Each member's vote counts equally, and a majority is necessary for 
recommendation of a candidate.
  Mr. Hayes was reviewed by the Southern District Committee and 
strongly recommended for this position. I continue to support this 
bipartisan selection process and the high quality nominees it has 
produced.
  Mr. Hayes had extensive civil experience as a private attorney before 
becoming a Federal prosecutor, rising to the position of head of the 
criminal division in the U.S. attorney's office in San Diego.
  The southern district will benefit greatly from the exemplary 
services of Mr. Hayes, and I fully support confirmation of this 
nominee.
  I wish to emphasize, once again, to my colleagues that we have a 
wonderful process in place in California to come up with these nominees 
for the district court. Senator Feinstein and I have three members on 
the committee. The Bush administration has three members on the 
committee. It takes a majority vote. This means we are working 
together, and we have proven that we can come up with mainstream 
nominees for the district court. I urge an ``aye'' vote.
  Mr. HATCH. Mr. President, I am pleased today to speak in support of 
William Q. Hayes, who has been nominated to the United States District 
Court for the Southern District of California.
  Mr. Hayes received both his J.D. and M.B.A. from Syracuse University 
in 1983. Following his graduation, he spent a year in private practice 
until 1987, at which time he went to work for the United States 
Attorney's Office for the Southern District of California. He was 
eventually elevated to chief of the criminal division of that office in 
recognition of his exceptional legal abilities. Despite the demands of 
his career in public service, he has nevertheless found the time to 
teach at both the undergraduate and law school levels.
  Mr. Hayes is an exceptional nominee who will be a fine addition to 
the Federal bench, and I urge my colleagues to join me in supporting 
his nomination.
  I yield the floor.
  Mr. STEVENS. 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. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. There is one amendment that might still require a vote 
tonight. We think it will be worked out. So many people want to start 
this vote, I suggest we start it. If that amendment is worked out, 
there will be more votes tonight, but we should know before the 
rollcall is over. So I suggest we start the rollcall now.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of William Q. Hayes, of California, to be 
United States District Judge for the Southern District of California?
  Mr. BOND. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Florida (Mr. Graham) and 
the Senator from Connecticut (Mr. Lieberman) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                      [Rollcall Vote No. 375 Ex.]

                                YEAS--98

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     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
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     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--2

     Graham (FL)
     Lieberman
  The nomination was confirmed.
  Mr. STEVENS. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________