[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.
____________________