[Congressional Record Volume 150, Number 82 (Tuesday, June 15, 2004)]
[Senate]
[Pages S6773-S6775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  THE NOMINATION OF VIRGINIA E. HOPKINS TO BE UNITED STATES DISTRICT 
               JUDGE FOR THE NORTHERN DISTRICT OF ALABAMA

                                 ______
                                 

  THE NOMINATION OF RICARDO S. MARTINEZ TO BE UNITED STATES DISTRICT 
              JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON

                                 ______
                                 

THE NOMINATION OF GENE E.K. PRATTER TO BE UNITED STATES DISTRICT JUDGE 
                FOR THE EASTERN DISTRICT OF PENNSYLVANIA

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to executive session to consider nominations 563, 564, and 566. 
There will be 20 minutes of debate equally divided between the chairman 
and ranking members of the Judiciary Committee, or their designees. At 
the conclusion of 20 minutes, we will vote on the nominations, 
following which there will be a vote on the pending amendment.
  Mr. SANTORUM. Mr. President, I rise to speak in favor of Gene 
Pratter, who is the nominee, as you noted, on the Executive Calendar 
for the Eastern District of Pennsylvania.
  Gene has an outstanding record of community service, of service to 
the legal community, working in very complex and difficult litigation 
with a large law firm in the city of Philadelphia. She is someone who 
has been active, as I mentioned, in the community and in political 
life, and is the kind of well-rounded individual who I think would make 
an excellent jurist on the court.
  She is someone I have gotten to know over the past 10 or 12 years, 
and I have respected her demeanor. She has a very professional but yet 
gentle way of discussing sometimes rather contentious issues in which 
we have been involved.
  Again, I respect the way she approaches issues that confront her. She 
has proven that she has outstanding legal abilities. She has proven 
that she understands the importance of community and the importance of 
being a good citizen and participating as a citizen beyond just the 
professional life, which to me, as a judge, is something that is very 
important.
  We have been fortunate under the leadership of Senator Specter in 
finding now 20 judges under this administration who have been 
nominated, and I believe the number is 17 or 18 who have been confirmed 
by the Senate. We have done a good job in finding people who are well 
rounded and people who have judicial experience and judicial 
temperament about which I spoke, as well as a record of community 
involvement and active citizenship which rounds out the person. So when 
they come to the bench, they are not just a narrow scholar or someone 
who is a ``hail fellow well met'' but a nice combination of the two 
that brings the kind of commonsense judicial temperament that is 
important in our court system.

  I commend Gene for her steadfastness in this process. As anybody who 
has gone through this process in the last couple of years will tell 
you, this is a difficult and somewhat tortuous process where you are on 
again, off again; You don't know whether your career is going to move 
forward or is going to stay in limbo. Is it going to fall off the 
docket and not be heard from again? That is a very difficult thing for 
all of these nominees to have to go through.
  But thanks to the agreement of Senator Frist and Senator Daschle, we 
have been able to move some of these nominations--the 
``noncontroversial nominations''--and we will now have a vote on Judge 
Pratter.
  I say for the Record again that because of the work Senator Specter 
has done with our bipartisan nominating commission we have in the State 
of Pennsylvania, we have been able to get Republicans and Democrats--I 
underscore Republicans and Democrats--nominated by this President.
  When there are two Republican Senators, we have a rule in 
Pennsylvania that the party in power--that means the President--will 
nominate three to his party to every one in the minority party, 
irrespective of, as I said before, the fact that we may have two 
Republican Senators and a Republican President. Out of every four 
nominees, we still nominate one Democrat to fill the bench to make sure 
there is a proper balance on the court, and even to some degree some 
little ideological balance on the court.
  We have been successful in getting soon to be 20 nominees approved by 
the Senate, which I think is a fairly admirable record if you consider 
the contentious attitude the judicial nominees have had to work through 
in the committee as well as in the Senate.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SESSIONS. 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. SESSIONS. Mr. President, I speak on behalf of a judicial nominee 
for the Northern District of Alabama, Virginia E. Hawkins. I join with 
Senator Richard Shelby of my State in moving her nomination forward 
with great enthusiasm. She is a woman of impeccable academic 
credentials, high in integrity, great legal experience and skill. She 
will do a great job on the Federal bench.
  She has a strong academic background. She graduated from the 
University of Alabama in 1974 as an undergraduate. She attended Agnes 
Scott College before that. Then she attended the University of Virginia 
Law School in 1977. She began her career as an associate attorney at 
the law firm of Lange, Simpson, Robinson & Sommerville in Birmingham, 
AL. That is one of the great law firms in the State. The fact she was 
hired there in itself is a good commendation of what they thought were 
good legal skills and good judgment. She certainly would not have been 
selected at that firm had they not thought so at the time.
  She had at that firm a broad civil practice, including appellate 
matters, tax and estate planning, business dispute resolution, and 
planning in labor disputes. These things come up in Federal court, 
also.
  She left the firm after 2 years to join the law firm of Taft, 
Stettinius & Hollister in Washington, DC, where she established the 
firm's intellectual property practice and handled complicated trademark 
matters. It is a fine law firm in Washington for her to be part of.
  In 1991, however, she and her husband decided to return to her home 
of Anniston, AL, and to form the firm of Campbell & Hopkins where she 
is currently a partner.
  Over the past 12 years she developed a broad civil practice, 
including litigation, tax and estate planning and administration, 
business dispute resolution, and planning intellectual property cases.

[[Page S6774]]

  Simply stated, Virginia Hopkins has a number of career, academic, and 
professional achievements. Her experience will be an asset to the bench 
of the Northern District of Alabama.
  I know her children now are at the age of graduating from high 
school. She felt the need to come back to her roots to raise those 
children in the right way. Now she is so excited about the opportunity 
to serve her country and her Nation and the rule of law as a Federal 
judge. It is exciting to talk to her. It makes me pleased every time I 
do, to see how excited she is about this opportunity. I believe she is 
going to do a terrific job.
  I know Senator Shelby agrees with that. In fact, he propounded her 
nomination from the beginning. I know he believes in every way she will 
be a superb Federal judge. I am glad to see the senior Senator from 
Alabama in the Senate today, a distinguished lawyer in his own right.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President, I am pleased that we will soon be voting 
on the nomination of Virginia Hopkins for the United States District 
Court for the Northern District of Alabama. This nomination has been on 
the calendar for a number of months now and I am pleased that we are 
finally going to have an up or down vote.
  Virginia Hopkins is a highly qualified candidate. She will be an 
important addition to the Federal bench. Like others who know Virginia, 
I have a high regard for her intellect and her integrity. She is a 
woman of the law who understands and respects the constitutional role 
of the judiciary and, specifically, the role of the federal courts in 
our legal system.
  Having been a practicing attorney for more than a quarter century, 
Virginia has concentrated her legal practice in wills and estate 
planning, as well as intellectual property law and civil litigation. 
Virginia has a strong record of trying cases in both the federal and 
state courts for a broad range of individual and corporate clients. 
Without question, I believe it is fair to say that Virginia Hopkins is 
an experienced and skilled attorney.
  In addition to being a devoted wife and mother of two children and a 
skilled attorney, Virginia is also active in her community. She has 
served on the board of the United Way of East Central Alabama, while 
also remaining active in her church. She is a graduate of the 
University of Alabama and also Virginia Law School.
  Again, I am pleased to support the nomination of Ms. Virginia Hopkins 
to the United States District Court for the Northern District of 
Alabama. I am confident that she will serve honorably and that she will 
apply the law with impartiality and fairness. I encourage my colleagues 
to join with me in supporting her nomination as I believe that she will 
serve our nation with the honor and dignity required of the federal 
judiciary.
  I yield the floor.
  Mr. REID. How much time remains for the majority and minority?
  The PRESIDING OFFICER. The majority has 1 minute 44 seconds and the 
minority has 11 minutes.
  Mr. REID. Does the distinguished Senator from Pennsylvania wish us to 
yield part of our time?
  Mr. SPECTER. Mr. President, I would need 5 minutes to speak on behalf 
of the judicial nominee.
  Mr. REID. I yield 5 minutes to the Senator from Pennsylvania of the 
time of the minority.
  Mr. SPECTER. I thank my distinguished colleague from Nevada for 
yielding the time. I have sought recognition to urge my colleagues to 
confirm Gene E.K. Pratter to the U.S. District Court for the Eastern 
District of Pennsylvania. Ms. Pratter comes to this position with a 
very distinguished academic career, having earned honors at Stanford 
University and her law degree from the University of Pennsylvania in 
1975.
  She is a partner in the prestigious law firm in Philadelphia of Duane 
Morris where she serves not only as a partner but as general counsel to 
the firm for their own matters.
  She has authored many very distinguished legal writings. She has 
served in many professional capacities as a judge pro tempore for the 
State courts, Court of Common Pleas of Philadelphia County. She has 
been a mediator for the U.S. District Court for the Eastern District of 
Pennsylvania, so she has had extensive ancillary experience before 
becoming a Federal judge.
  I have had the opportunity to know Ms. Pratter personally for about a 
decade and can personally attest to her intelligence and demeanor. She 
will be an outstanding judge.
  She had been recommended to the President by Senator Santorum and 
myself after she received approval from a nonpartisan judicial 
selection commission which advises Senator Santorum and I as to 
judicial recommendations to the President. This is a group which has 
functioned for all of my tenure in the Senate, going back 24 years when 
Senator Heinz and I had this panel in existence. It has been carried 
forward. As I say, it is in existence now by appointment from Senator 
Santorum and myself.

  I am especially pleased to find this confirmation occurring today. We 
had to postpone the induction ceremony for Ms. Pratter some time ago 
when there had been some disagreements as to how we would proceed. We 
had hoped for this confirmation last week, and, of course, it has been 
delayed because of the ceremonies involving the funeral and other 
matters related to former President Reagan. But I am especially pleased 
to have it concluded today because a swearing-in has been scheduled in 
Philadelphia for Friday at 2 o'clock. So Ms. Pratter, who I am sure is 
watching, and others will know that the commitment can go forward. That 
is in anticipation of a favorable vote, which I think is virtually 
certain to be forthcoming.
  Mr. President, it would take a great deal of time to give the details 
of Ms. Pratter's extensive biographical resume and accomplishments, so 
I ask unanimous consent that it be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

             Gene E.K. Pratter, Partner and General Counsel

       Gene E.K. Pratter is a partner in and General Counsel of 
     Duane Morris LLP. She frequently represents clients in 
     commercial litigation and professional liability and 
     licensing matters. Ms. Pratter has represented licensed law, 
     financial and other professionals before state and national 
     licensing boards and in litigation throughout the country in 
     federal and state courts.
       A 1975 graduate of the University of Pennsylvania Law 
     School and an honors graduate of Stanford University, Ms. 
     Pratter is a member of the American Bar Association's 
     Litigation Section and the Philadelphia Bar Association's 
     Committees on Professional Responsibility and Professional 
     Guidance, of which she was chair from 2000 through 2001. In 
     addition, she is a member of the Pennsylvania Bar 
     Association's Women in the Profession Committee. Ms. Pratter 
     served as the co-chair of the ABA Litigation Section's 
     Committee on Ethics and Professionalism and recently 
     concluded her tenure as the co-chair of the Section's Task 
     Force on the Independent Lawyer.
       A member of the University of Pennsylvania's American Inns 
     of Court, she is the author of a number of articles 
     concerning ethics and professional conduct and has presented 
     many programs for practitioners on those and other subjects. 
     Ms. Pratter frequently serves as an expert witness and 
     advises lawyers and law firms concerning professional 
     responsibility and professional liability matters, and she 
     has overseen legal issues for Duane Morris itself for a 
     number of years while also holding the position of vice-chair 
     of the firm's Trial Department. She has also been named as a 
     Judge Pro Tem in the Philadelphia Court of Common Pleas and a 
     mediator for the U.S. District Court for the Eastern District 
     of Pennsylvania. Ms. Pratter was an Overseer of the 
     University of Pennsylvania Law School from 1993 to 1999. She 
     is active in numerous professional and community 
     associations.


                           areas of practice

       Alternative Dispute Resolution;
       Commercial and Real Estate Litigation;
       Employment Contract Litigation;
       Insurance Coverage Litigation;
       Professional and Business Ethics Counseling and Litigation;
       Professional Liability Litigation--Accountants, Actuaries, 
     Architects, Attorneys, Brokers, Engineers, Fiduciaries, 
     Insurance Professionals, Management Consultants, Title 
     Insurers;
       RICO Litigation;
       Securities Litigation;
       Reinsurance Litigation.


                        professional activities

       American Bar Association--Section of Litigation, Co-Chair, 
     Ethics and Professional Responsibility Committee, 1994-1998, 
     Co-Chair, Task Force on the Independent Lawyer, 1995-present, 
     Commission on Women in the Profession, Tort and Insurance 
     Practice

[[Page S6775]]

     Section, Business Law Section, Center for Professional 
     Responsibility;
       Pennsylvania Bar Association--Civil Litigation Section, 
     Education Law Section, Mentor, State Civil Committee, Women 
     in the Profession Committee;
       Philadelphia Bar Association--Professional Responsibility 
     Committee, Chair, Professional Guidance Committee, Committee 
     on Women in the Profession;
       Association of Professional Responsibility Lawyers;
       Defense Research Institute;
       Pennsylvania Defense Institute;
       University of Pennsylvania Law School Inn of the American 
     Inns of Court;
       Federalist Society;
       St. Thomas More Society.


                               admissions

       Pennsylvania;
       United States Court of Appeals for the Third Circuit;
       United States District Court for the Eastern District of 
     Pennsylvania.


                               education

       University of Pennsylvania Law School, J.D., 1975.

  Mr. SPECTER. Mr. President, I again thank my colleague from Nevada 
and yield the floor.
  Mr. REID. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Chafee). Without objection, it is so 
ordered.

                          ____________________