[Congressional Record Volume 149, Number 159 (Wednesday, November 5, 2003)]
[Senate]
[Pages S13994-S13997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF ROGER W. TITUS, OF MARYLAND, TO BE UNITED STATES DISTRICT 
                                 JUDGE

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
go into executive session for the consideration of Executive Calendar 
item No. 402, which the clerk will report.
  The legislative clerk read the nomination of Roger W. Titus, to be 
United States District Judge for the District of Maryland.
  The PRESIDING OFFICER. There are 2 minutes evenly divided on the 
nomination.
  Who yields time?
  The Senator from Vermont.
  Mr. LEAHY. Mr. President, I compliment the Republican leadership for 
finally agreeing to move to the nomination of Roger Titus, who has been 
cleared on this side for some time.
  The nominee has won universal acclaim as a member of the Maryland 
bar. In fact, it was suggested that he was going to be nominated to the 
U.S. Court of Appeals for the Fourth Circuit. It would have been a 
consensus where both Republicans and Democrats would have agreed. I 
wish the administration had done that. Instead, they have moved him to 
fill this seat. It is not a confrontational one for the circuit. In any 
event, he should be supported. He will make the 168th judicial nominee 
of President Bush's to be confirmed, which sets an all-time record for 
this time in a President's term in office, surpassing even that of 
President Reagan, when we had a Republican majority.
  Mr. Titus has been an active litigator in Maryland for over 37 years, 
and has litigated hundreds of cases, both civil and criminal. He has 
been a partner at the Venable law firm and is a former president of the 
Maryland Bar Association. He has also served as an adjunct professor at 
the Georgetown University Law Center. Mr. Titus earned a unanimous 
``well-qualified'' rating from the ABA, and an AV rating from 
Martindale-Hubbell.
  In 2001, Mr. Titus was honored with The Baltimore Daily Record's 
first Leadership in the Law Award, which recognizes members of the 
legal community for their devotion to the betterment of the profession 
and their communities. In 1999, Mr. Titus received the Century of 
Service Award from the Montgomery County Bar Association for his 
outstanding contributions to the legal profession and community during 
the 20th century.
  According to an article in The Baltimore Sun, Mr. Titus was 
apparently in the running to be nominated for a seat on the U.S. Court 
of Appeals for the Fourth Circuit. In light of his stellar 
qualifications, deep roots in his legal community and ability to garner 
the bipartisan support of his elected officials he would have been a 
consensus choice for this important appellate seat. It is unfortunate 
that the President felt the need to nominate someone without any local 
ties to that Maryland vacancy.
  There are reportedly 30,000 practicing attorneys in the State of 
Maryland. Instead of nominating a well-qualified Marylander like Mr. 
Titus to Judge Murnahan's vacant seat on the Fourth Circuit, the 
President selected a younger, more controversial nominee with very 
little litigation experience. Not surprisingly, that nominee, Claude 
Allen, received a partial ``not qualified'' rating by the American Bar 
Association and his selection for this prestigious lifetime appointment 
has garnered a significant amount of opposition from concerned citizens 
groups.
  It is regrettable that this President has again chosen the course of 
confrontation and conflict for his appellate court nominations. Mr. 
Titus, with his many years of litigation experience and his well-
deserved reputation as a leader among lawyers in Maryland, is the type 
of person who should have been chosen for Judge Murnahan's vacant seat 
on the Fourth Circuit. His nomination stands in sharp contrast to the 
inexperienced and divisive candidates chosen by the White House for too 
many appellate judgeships in what appear to be an effort to pack the 
court with ideological nominees and tilt these courts.
  There is no doubt that Mr. Titus is a Republican, yet he has the 
support of both of his home-State Senators and has earned the unanimous 
support of the Members of the Judiciary Committee. I am happy to 
support his nomination today and I congratulate Mr. Titus and his 
family on his confirmation. I commend Senators Sarbanes and Mikulski 
for their efforts to identify outstanding Maryland lawyers to maintain 
the high standards of the Federal bench in Maryland.
  In less than 3 years' time, President George W. Bush exceeded the 
number of judicial nominees confirmed for President Reagan in all 4 
years of his first term in office. Senate Democrats have cooperated so 
that this President already surpassed the record of the President 
Republicans acknowledge to be the ``all time champ'' at appointing 
Federal judges. Since July, 2001, despite the fact that the Senate 
majority has shifted twice, with today's vote, a total of 168 judicial 
nominations have been confirmed, including 29 circuit court 
appointments. One hundred judges were confirmed in the 17 months of the 
Democratic Senate majority and with Mr. Titus' nomination we will have 
confirmed 68 during the comparative time of the Republican majority.

[[Page S13995]]

  One would think that the White House and the Republicans in the 
Senate would be heralding this landmark. One would think they would be 
congratulating themselves for putting more lifetime appointed judges on 
the Federal bench than President Reagan did in his entire first term 
and doing it in three-quarters the time. But Republicans have a 
different partisan message and this truth is not consistent with their 
efforts to mislead the American people into thinking that Democrats 
have obstructed judicial nominations. That is why the President chose 
to criticize the Senate from the Rose Garden again last week rather 
than work with us and recognize what we can accomplish together.
  Not only has this President been accorded more Senate confirmations 
than President Reagan achieved during his entire first term, but he has 
also achieved more confirmations this year than in any of the 6 years 
that Republicans controlled the Senate when President Clinton was in 
office. Not once was President Clinton allowed 68 confirmations in a 
year when Republicans controlled the pace of confirmations. Despite the 
high numbers of vacancies and availability of highly qualified 
nominees, Republicans never cooperated with President Clinton to the 
extent Senate Democrats have. President Bush has appointed more 
lifetime circuit and district court judges in 10 months this year than 
President Clinton was allowed in 1995, 1996, 1997, 1998, 1999, or 2000.
  Last year alone, the Democratic majority in the Senate proceeded to 
confirm 72 of President Bush's judicial nominees and was savagely 
attacked nonetheless. Likewise in 1992, the last previous full year in 
which a Democratic Senate majority considered the nominees of a 
Republican President, 66 circuit and district court judges were 
confirmed.
  Historically, in the last year of an administration, consideration of 
nominations slows, the ``Thurmond rule'' is invoked and vacancies are 
left to the winner of the upcoming Presidential election. In 1992, 
Democrats proceeded to confirm 66 of former President Bush's judicial 
nominees even though it was a Presidential election year. By contrast, 
in 1996, when Republicans controlled the pace for consideration of 
President Clinton's judicial nominees only 17 judges were confirmed and 
not a single one of them was to a circuit court.
  In fact, President Bush has now already appointed more judges in his 
third year in office than in the third year of the last five 
Presidential terms, including the most recent term when Republicans 
controlled the Senate and President Clinton was leading the country to 
historic economic achievements. That year, in 1999, Republicans allowed 
only 34 judicial nominees of President Clinton's to be confirmed all 
year, including only 7 circuit court nominees. Those are close to the 
average totals for the 6 years 1995-2000 when a Republican Senate 
majority was determining how quickly to consider the judicial nominees 
of a Democratic President. By contrast, with today's confirmation, the 
Senate this year will have confirmed 68 judicial nominees, including 12 
circuit court nominees, almost double the totals for 1999.
  We have worked hard to balance the need to fill judicial vacancies 
with the imperative that Federal judges need to be fair. In so doing, 
we have reduced the number of judicial vacancies today to 40. More than 
95 percent of the federal judgeships are filled. After inheriting 110 
vacancies when the Senate Judiciary Committee reorganized under 
Democratic control in 2001, I helped move through and confirm 100 of 
the President's judicial nominees in just 17 months. With today's 68th 
confirmation this year, we have reached the lowest number of vacancies 
in 13 years. There are more Federal judges on the bench today than at 
any time in American history. These facts stand in stark contrast to 
the false partisan rhetoric that demonize the Senate for having blocked 
all of this President's judicial nominations. The reality is that the 
Senate is proceeding at a record pace and achieving record numbers.
  I congratulate Mr. Titus and his family on his confirmation today.
  Mr. HATCH. Mr. President, I am especially pleased today to speak in 
support of our nominee to the United States District Court for the 
District of Maryland, Roger Titus.
  When the White House nominated Mr. Titus last June, Judge Peter 
Messitte of the district of Maryland, who happens to be an old high 
school classmate of Mr. Titus, called him a ``first-class appointment 
and just a great guy. He is really one of the finest lawyers around.'' 
I agree wholeheartedly.
  Not only is Mr. Titus a ``great guy'' and ``one of the finest lawyers 
around,'' he is extremely well qualified--and well-deserving of the 
ABA's unanimous Well Qualified rating. His credentials are impeccable.
  Mr. Titus earned a B.A. from Johns Hopkins and a J.D. from Georgetown 
University Law Center. Following his graduation from law school in 
1966, Mr. Titus entered public service. He was first appointed as an 
assistant city attorney for Rockville, Maryland. He served in that 
capacity until 1970, at which time he was appointed city attorney.
  While serving as a committed public servant, Mr. Titus established a 
private and prestigious law practice specializing in complex civil and 
appellate litigation. And in between serving in public office and 
operating a successful law practice, he found the time to teach at his 
alma mater, Georgetown University Law Center.
  In 1988, Mr. Titus and his law partner merged their practice into 
Venable, Baetjer and Howard, LLP, where he is currently a partner. His 
clients include the Board of Education of Montgomery County, the 
Montgomery County government, the Howard Hughes Medical Institute, Igen 
International, Inc., and Circuit City Stores, Inc.
  Fellow members of the Maryland bar have recognized Mr. Titus's 
outstanding legal skills. He has received numerous accolades, among 
them fellowships in notable organizations such as the American Bar 
Foundation, the American College of Trial Lawyers, the American Academy 
of Appellate Lawyers, and the Maryland Bar Foundation. In 1989, he was 
appointed to the Standing Committee on Rules of Practice and Procedure 
of the Court of Appeals of Maryland. In 1999, he was one of seventeen 
living attorneys to be awarded the Century of Service Award by the Bar 
Association of Montgomery County. And in 2001, he was awarded the 
Leadership in Law Award of The Daily Record.
  Mr. Titus brings sterling credentials, legal acumen, and nearly 40 
years of experience to the Federal bench. He will undoubtedly be an 
excellent addition to the bench and I urge my colleagues to join me in 
supporting his confirmation.
  Ms. MIKULSKI. Mr. President, I rise today to express my enthusiastic 
support for Roger Titus, a dedicated and well-qualified Maryland 
lawyer, to be a Federal district court judge for the District of 
Maryland.
  When I review nominees for our Federal courts, I consider three 
criteria. They must have the utmost legal competence, the highest 
integrity and have a staunch dedication to protecting core 
constitutional values and guarantees. Mr. Titus meets all of these 
standards. I believe he will represent Maryland well on the District 
Court.
  Mr. Titus is recognized as one of the best lawyers in Maryland. He 
has been awarded Century of Service Award by the Bar Association of 
Montgomery County and has been recognized for his leadership in the 
legal community with the Leadership on Law Award from The Baltimore 
Daily Record.
  He is committed to serving the community and his profession. For over 
16 years he served city attorney's office of Rockville, rising to 
position of city attorney. He is also a member of Board of Trustees of 
Suburban Hospital and pro bono counsel to Mobil Medical Care, Inc., a 
nonprofit dedicated to bringing health care services to Maryland's 
homeless population.
  The position that Mr. Titus is nominated for is important to 
protecting the rights of all Marylanders. Mr. Titus will join two other 
distinguished nominees that the Senate confirmed earlier this year, 
whom I strongly supported, Judges Bennett and Quarles.
  These nominees represent the types of lawyers that we should be 
putting on our Federal courts. They have strong bipartisan support, 
distinguished legal careers in the state from which they are selected 
and they are in the mainstream of legal thought.

[[Page S13996]]

  One of the things that impresses me about Mr. Titus is his strong 
ties to the community. Mr. Titus was raised in Maryland, attended 
Bethesda/Chevy Chase high school and went to college at Johns Hopkins 
University. He was the first in his family to go to law school. In 
fact, he was an electrical engineering major and had not really had any 
exposure to lawyers until he eloped with the daughter of a lawyer in 
college. From there the rest is history. He is now one of many in a 
family of lawyers.
  As a young lawyer, he worked as assistant city attorney in Rockville 
defending and representing the city. In 1972, he was appointed to be 
the city attorney of Rockville were he continued to represent the city 
in matters of complex municipal law. He also served as adjunct law 
professor at Georgetown Law School and then went on to establish his 
own successful law firm.
  In 1988, his firm merged with one of the top law firms in the United 
States, based right here in Washington DC--the firm of Venable, Baetjer 
and Howard, LLP. Mr. Titus is a leader in the firm as the partner in 
charge of the Montgomery County office and as a member of firm's 
Management Board.
  Roger Titus has had a distinguished legal career both working in the 
public sector as the advocate for the city of Rockville before the 
courts, and then in the private sector where he is known for his 
expertise in complex civil litigation. It is because of his service to 
the bar and his outstanding legal skills and intellect that Mr. Titus 
has received a ``well qualified'' rating from the American Bar 
Association.
  Mr. Titus' dedication to the law is also seen in his work as a 
volunteer counsel for Mobile Medical Care, Inc. This is an organization 
that provides free medical services to poor and homeless persons. Some 
of the most vulnerable citizens in our society. As their legal counsel, 
he helped them resolve legal hurdles which enabled them to set up a 
headquarters in Bethesda, MD. His commitment to the law is also 
reflected in his service to the bar. As a member of the Standing 
Committee on Rules of Practice and Procedure of the Court of Appeals of 
Maryland, he worked to secure guidelines for legal representation of 
minors in proceedings terminating parental rights.
  I mentioned before the awards that Mr. Titus has received. These 
accolades from his colleagues are proof of the respect he has in the 
legal community and his intellect and ability. They demonstrate his 
service to bar and community and how much he has accomplished in 
career.
  I do not know how Mr. Titus will vote on every issue that comes 
before him. I know he has been nominated by a Republican President, and 
it is likely that my beliefs and Mr. Titus' beliefs on certain issues 
will differ. But I am confident that he will use his expertise and 
legal experience to guide him as he makes important decisions affecting 
Marylanders. I am also confident that his legal background and respect 
for the law will be his foundation as he serves on the Federal District 
Court in Maryland.
  I am impressed with Mr. Titus' commitment, expressed during his 
hearing before the Judiciary Committee, to adhering to the law. His 
dedication to following precedent and a statute's requirements, even 
where it is inconsistent with his own personal beliefs or is unpopular. 
It is the ability to put the law first, to know that personal views are 
irrelevant, that will serve him and Maryland well when he is a Federal 
district judge
  I am proud to support this distinguished Maryland lawyer for a seat 
on the prestigious Federal court in Maryland. It is well qualified, 
distinguished members of the bar, who are respected in their legal 
community and who are in the mainstream of legal thought, like Mr. 
Titus, that this administration should be nominating. These are 
nominees who have excelled in their profession and who are looked up to 
by Republicans and Democrats alike. Like Judges Quarles and Bennett, 
Mr. Titus is a nominee who both of Maryland's Senators can support. We 
support him because we are foremost concerned with protecting the 
integrity and excellence of the Maryland Federal judiciary.
  That concern has lead both Senator Sarbanes and myself to work with 
and support the choices of the administration for these District Court 
nominees. That concern is why I wish the administration had looked to 
the Maryland legal community when it nominated someone to fill the 
vacancy left by the death of Judge Francis Murnaghan, an esteemed 
jurist who served on the Fourth Circuit for over 20 years.
  Today, as I rise to enthusiastically support the nomination of Mr. 
Titus and as I have risen to support the other nominees for the 
district court, I believe these individuals are a model of the types of 
lawyers that should be nominated to fill Judge Murnaghan's seat on the 
Fourth Circuit. These nominees show that the President could easily 
nominate someone from Maryland who is fit for the bench and will serve 
with pride and excellence. They also show that the administration would 
not have to look far for a qualified nominee from Maryland.
  Mr. SARBANES. Mr. President, I would like to take this opportunity to 
express my support for the nomination of Roger W. Titus to the U.S. 
District Court for the District of Maryland.
  I have always believed that one of the most important roles I have as 
a United States Senator is the responsibility to provide ``advice and 
consent'' with respect to nominees to the Federal judiciary, and it is 
with sober deliberation that I consider all nominations made by our 
Presidents. When considering nominees, I apply a high standard to 
determine whether to support them for the Federal bench. A candidate 
should have had a career that has provided the breadth and depth of 
experience necessary to be a Federal judge, have contributed to the 
legal profession of our State, and have been an active participant in 
Maryland's civic community. All of these factors taken together must 
have elevated the nominee to a position of respect and esteem in our 
State that demonstrates that the nominee is ready and worthy for the 
challenges of a Federal judgeship.
  Applying these standards, I am pleased to speak today on behalf of 
Roger Titus and urge the Senate to confirm his nomination. Roger Titus 
clearly meets these requirements, and will make a valuable contribution 
on the District Court.
  Roger Titus received his undergraduate degree from Johns Hopkins 
University and his juris doctorate from Georgetown University Law 
Center. His legal career has spanned more than 30 years, during which 
time he has held a variety of positions in the public sector; private 
sector, with more than 30 years in private practice at firms large and 
small; and the academic field, as an adjunct professor at Georgetown 
University Law Center.
  Roger Titus' career in private practice has been broad in scope--a 
fact that will serve him well on the bench. Concentrating in 
litigation, he has significant experience in State and local government 
law, general litigation, constitutional litigation, complex commercial 
litigation, as well as appellate work. Roger Titus has also been a 
leader in Maryland's legal community, most notably serving as President 
of the Maryland State Bar Association, but also devoting his time to 
numerous other legal organizations on a State, local and national level 
including the Bar Association of Montgomery County, American Bar 
Association, Maryland Municipal Attorneys Association, and the National 
Conference of Bar Presidents, among others. During this busy career, he 
has been active in the Maryland community, devoting substantial time to 
the Maryland Bar Foundation and as Chairman and member of the Board of 
Trustees for Suburban Hospital.
  Given this record, it is no surprise that the American Bar 
Association gave Roger Titus a unanimous ``well qualified'' rating in 
its evaluation of his nomination. He has also received a number of 
prestigious awards for his career and record of service, including the 
Daily Record's first Leadership in the Law Award, which recognizes 
members of the legal community for their devotion to the betterment of 
the profession and their communities, and the Century of Service Award 
from the Montgomery County Bar Association, for his outstanding 
contributions to the legal profession and community during the 
twentieth century.
  I am pleased to have the opportunity to speak today on behalf of 
Roger Titus' nomination to the Federal

[[Page S13997]]

bench, and I would like to congratulate him and his family on his 
confirmation. It is truly indicative of the exemplary career he has had 
in the legal profession, his commitment to our State, and the esteem 
with which Marylanders view his accomplishments.
  The PRESIDING OFFICER. The Senator's time has expired.
  Who yields time for the majority?
  Mr. McCAIN. I yield back the time.
  The PRESIDING OFFICER. Is all time yielded back? Without objection, 
all time is yielded back.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Roger W. Titus, of Maryland, to be United States District Judge for 
the District of Maryland?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Massachusetts (Mr. Kerry), and the Senator 
from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 0, as follows:

                      [Rollcall Vote No. 438 Leg.]

                                YEAS--97

     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
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     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--3

     Edwards
     Kerry
     Lieberman
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the President will 
be notified of the Senate's action

                          ____________________