[Congressional Record Volume 152, Number 96 (Thursday, July 20, 2006)]
[Senate]
[Pages S8032-S8036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF NEIL M. GORSUCH TO BE UNITED STATES CIRCUIT JUDGE FOR THE
TENTH CIRCUIT
______
NOMINATION OF BOBBY E. SHEPHERD TO BE UNITED STATES CIRCUIT JUDGE FOR
THE EIGHTH CIRCUIT
______
NOMINATION OF DANIEL PORTER JORDAN III TO BE UNITED STATES DISTRICT
JUDGE FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
______
NOMINATION OF GUSTAVO ANTONIO GELPI TO BE UNITED STATES DISTRICT JUDGE
FOR THE DISTRICT OF PUERTO RICO
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session to consider the following nominations,
which the clerk will report.
The legislative clerk read the nominations of Neil M. Gorsuch, of
Colorado, to be United States Circuit Judge for the Tenth Circuit;
Bobby E. Shepherd, of Arkansas, to be United States Circuit Judge for
the Eighth Circuit; Daniel Porter Jordan III, of Mississippi, to be
United States District Judge for the Southern District of Mississippi;
and Gustavo Antonio Gelpi, of Puerto Rico, to be United States District
Judge for the District of Puerto Rico.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. In my capacity as chairman of the Judiciary Committee, I
seek recognition to speak briefly on four judicial nominees currently
before the Senate.
I begin with the nomination of Neil M. Gorsuch to be a judge for the
U.S. Court of Appeals for the 10th Circuit. Mr. Gorsuch has an
excellent academic background with a bachelor's with honors from
Columbia University, 1988, a law degree with honors from Harvard Law
School in 1991, a Doctorate of Philosophy from Oxford University in
2004.
He clerked for Judge David Sentelle of the Court of Appeals for the
District of Columbia. He was a law clerk for Supreme Court Justice
Byron White and Supreme Court Justice Anthony Kennedy.
He was a partner in the distinguished law firm of Kellogg, Huber,
Hansen, and principal deputy to the Associate Attorney General for the
Department of Justice from 2005 to the present.
I also support the nomination of Bobby Ed Shepherd to be a judge for
the U.S. Court of Appeals for the Eighth Circuit.
He is a candidate with an excellent academic record. He earned his
bachelor's degree, magna cum laude, in 1973 from Ouachita Baptist
University, and law degree with high honors from the University of
Arkansas in 1976. He had a varied legal practice as a solo practitioner
and as a partner with various law firms, most recently Landers &
Shepherd. In 1991, Judge Shepherd was elected a circuit-chancery judge
for the 13th judicial district for the State of Arkansas. Since 1993 he
has served as a United States Magistrate Judge for the United States
District Court for the Western District of Arkansas.
Judge Shepherd, like Mr. Gorsuch, has come to this position with
unanimous approval. We expect their confirmation on a voice vote later
today.
I also support the nomination of Daniel Porter Jordan III to be a
judge for the United States District Court for the Southern District of
Mississippi.
He received a bachelor's degree from the University of Mississippi in
1987 and a law degree from the University of Virginia Law School in
1993. He was a legislative assistant to Senator Trent Lott. He was an
associate of the law firm of Butler, Snow from 1993 to 1999 and has
been an equity member, equivalent of partner, since 2000.
Again, Mr. Jordan has, I believe, unanimous support. We expect him to
be confirmed later this evening on a voice vote.
I also support the nomination of Gustavo Antonio Gelpi to be U.S.
District Judge for the District of Puerto Rico. Mr. Gelpi has a
bachelor's degree from Brandeis University and a law degree from
Suffolk University Law School. He was a law clerk to Federal Judge Juan
Perez-Gimenez and later served in the Office of the Federal Public
Defender, before joining the Puerto Rican Department of Justice. At
that Department he served as an assistant to the Attorney General of
Puerto Rico before becoming Deputy Attorney General for the Puerto
Rican Office of Legal Counsel.
I ask unanimous consent the complete resumes of these distinguished
nominees be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Neil M. Gorsuch
United States Court of Appeals for the Tenth Circuit
Birth: Aug. 29, 1967, Denver, Colorado
Legal Residence: Virginia
Education: B.A. with honors, Columbia University, 1988;
J.D. with honors, Harvard Law School, 1991; D. Phil., Oxford
University, 2004.
Employment: Law clerk, Judge David B. Sentelle, United
States Court of Appeals for the D.C. Circuit, 1991-1992; Law
clerk, U.S. Supreme Court justices Byron White and Anthony
Kennedy, 1993-1994; Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC, 1995-2005 (partner 1998-2005; associate 1995-
1997); Principal Deputy to the Associate Attorney General,
United States Department of Justice, 2005-present.
Selected Activities: American Bar Association, c. 2002-
present; American Trial Lawyers Association, c. 2002-present;
Phi Beta Kappa; Republican National Lawyers Association;
Member of the New York, Colorado, and District of Columbia
bars.
Neil M. Gorsuch was nominated by President Bush to be a
Judge on the U.S. Court of Appeals for the Tenth Circuit on
May 10, 2006. A hearing was held on his nomination on June
21, 2006. He was reported out of the Committee on July 13,
2006 by a voice vote.
Mr. Gorsuch received his B.A. from Columbia University in
1988, where he graduated with honors. In 1991, he received
his J.D. from Harvard Law School, again graduating with
honors. In 2004, he received a doctorate in legal philosophy
from Oxford University.
Mr. Gorsuch has had a brilliant career as a lawyer and
scholar.
Following law school he served as a law clerk to Judge
David B. Sentelle of the U.S. Court of Appeals for the D.C.
Circuit.
He then had the rare distinction of clerking for two
Supreme Court justices. Between 1993 and 1994, he served as a
law clerk to Justices Byron White and Anthony Kennedy. Mr.
Gorsuch's work with Justice White occurred just after the
justice retired from the Supreme Court, so he assisted the
former justice with his work on the Tenth Circuit, where he
sat by designation.
In 1995, Mr. Gorsuch joined the law firm of Kellogg, Huber,
Hansen, Todd, Evans & Figel, PLLC, where he served as an
associate until 1997 and as partner from 1998 to 2005. At
Kellogg, he handled a wide range of commercial matters,
including contracts, antitrust, RICO, and securities fraud.
Since June 2005, Mr. Gorsuch has served as Principal Deputy
to the Associate Attorney General, Robert McCallum. The
Associate Attorney General, of course, is the third ranking
officer in the Department of Justice. As his Principal
Deputy, Mr. Gorsuch assists in managing the Department's
civil litigation components which include the Antitrust,
Civil, Civil Rights, Environment, and Tax Divisions.
Mr. Gorsuch has received a unanimous ``Well Qualified''
rating from the American Bar Association.
____
Bobby Ed Shepherd
United States Court of Appeals for the Eighth Circuit
Birth: November 18, 1951, Arkadelphia, Arkansas.
Legal Residence: Arkansas.
Education: B.A., magna cum laude, 1973, Ouachita Baptist
University; J.D., with high honors, 1975, University of
Arkansas School of Law.
Employment: Associate, Spencer, Spencer & Shepherd, P.A.,
1981-1984; Attorney, solo practice, 1984-1987; Partner,
Landers & Shepherd, 1987-1990; Circuit-Chancery Judge, 13th
Judicial District, State of Arkansas, 1991-1993; U.S.
Magistrate Judge, U.S. District Court for the Western
District of Arkansas, 1993-present.
Selected Activities: Director, Boys and Girls Club of El
Dorado, 1985-present; Member, Arkansas Bar Association;
Member,
[[Page S8033]]
House of Delegates, 1985-1986; Member, Executive Council,
1985-1988; U.S. Army Reserve, 1973-1981--honorably discharged
as First Lieutenant.
President Bush nominated Magistrate Judge Bobby E. Shepherd
to be a Judge on the U.S. Court of Appeals for the Eight
Circuit on May 18, 2006. He received a hearing on June 28. He
was reported out of Committee on July 13, 2006 by a voice
vote.
Judge Shepherd has a long and distinguished legal career in
Western Arkansas during which he has handled a wide range of
legal issues, both civil and criminal, as a judge and as an
advocate.
Judge Shepherd received his B.A., cum laude, from Ouachita
Baptist University in 1973 and his J.D., with high honors,
from University of Arkansas School of Law in 1976.
Upon graduating from law school, he embarked on a career as
a private attorney in western Arkansas. Practicing as either
a solo practitioner or in small partnerships, Judge Shepherd
was a true general practitioner. He handled personal injury
cases, collections, domestic relations, probate, criminal
defense, banking, real estate and other matters. During this
period of his career he tried over 150 cases to verdict.
In 1991, Judge Shepherd was elected as a Circuit-Chancery
Court Judge in Arkansas's 13th Judicial District. In that
capacity he presided in over 30 major felony jury trials
including capital murder cases.
Since 1993, Judge Shepherd has served as a United States
Magistrate Judge in the Western District of Arkansas.
The American Bar Association has unanimously rate Judge
Shepherd ``Well Qualified'' to serve on the Eighth Circuit.
Daniel Porter Jordan III
District Court for the Southern District of Mississippi
Education: B.B.A., 1987, University of Mississippi; J.D.,
1993, University of Virginia Law School.
Employment: Legislative Assistant, Office of Senator Trent
Lott, 1989-1990; Associate, Butler, Snow, O'Mara, Stevens, &
Cannada, 1993-1999; Equity Member, Butler, Snow, O'Mara,
Stevens, & Cannada, 2000-present.
Selected Activities: Member, Mississippi Bar Association--
Secretary/Treasurer, Litigation Section, 2005-present;
Member, Board of Directors, 2002-present; Member, Nominating
Committee, 7th Circuit Court District, 1999--Member, American
Bar Association, Tort Trial & Insurance Practice Section;
Member, International Association of Defense Counsel;
Coordinator, Mississippi Volunteer Lawyer Project: Stewpot
Legal Clinic, 2005-present; Special Counsel, City of Jackson;
Chairman, Madison County Republican Party, 2001-2004.
Daniel Porter Jordan III, was nominated by President Bush
to be a Judge on the U.S. District Court for the Southern
District of Mississippi on April 24, 2006. His hearing was on
June 15, 2006 and he was voted out of the Judiciary Committee
on July 13, 2006.
Mr. Jordan received his B.B.A. from the University of
Mississippi in 1987, and his J.D. from the University of
Virginia School of Law in 1993.
Mr. Jordan has had a distinguished legal career and will
bring significant legal experience to the Federal bench.
Prior to attending law school, Mr. Jordan was a Legislative
assistant for Senator Trent Lott. Following law school, Mr.
Jordan joined Butler, Snow, O'Mara, Stevens & Cannada as an
Associate. Since 2000, Mr. Jordan has been an Equity Member
of the firm, focusing on products liability litigation. More
recently, he has gained significant experience mediating
cases.
Mr. Jordan has been very involved with the Mississippi Bar
Association, including serving as a member of the Board of
Directors and both Secretary and Treasurer of the Litigation
Section.
Mr. Jordan has been active in pro bono activities and was
awarded the Hinds County Bar Association Pro Bono Award in
2005.
Mr. Jordan received a ``qualified'' rating by the American
Bar Association.
Gustavo Antonio Gelpi
U.S. District Judge for the District of Puerto Rico
Birth: 1965, San Juan, Puerto Rico.
Legal Residence: Puerto Rico.
Education:
1983-1987, Brandeis University, B.A. degree.
1988-1991, Suffolk University Law School, J.D. degree.
Bar Admittance: 1992, Puerto Rico.
Experience: 1991-1993, United States District Court,
District of Puerto Rico, Law Clerk to the Hon. Juan M. Perez-
Gimenez.
1993-1997, Office of Federal Public Defender, Assistant
Federal Public Defender.
1997-1999, Puerto Rico Department of Justice, Assistant to
the Attorney General (1997). Deputy Attorney General for the
Office of Legal Counsel (1997-1999).
1999-2000, Commonwealth of Puerto Rico Solicitor General.
2001, McConnell Valdes, Special Litigation Counsel.
2001-present, United States District Court, District of
Puerto Rico, United States Magistrate Judge.
Judge Gelpi was nominated by President Bush to be a Judge
on the U.S. District Court for the District of Puerto Rico on
April 24, 2006. He received a hearing on June 15. He was
reported out of Committee on July 13, 2006 by a voice vote.
Judge Gelpi graduated from Brandeis University in 1987, and
received his J.D. from the Suffolk University Law School in
1991.
He began his legal career clerking for the Honorable Juan
M. Perez-Gimenez on the U.S. District Court for the District
of Puerto Rico.
Following his clerkship, Judge Gelpi joined the Office of
the Federal Public Defender for the District of Puerto Rico
as an Assistant Federal Public Defender. In that capacity he
provided legal assistance to indigent defendants in criminal
cases. During his time in the Public Defender's Office, he
served as Special Counsel to the U.S. Sentencing Commission
where he worked on revisions to the Sentencing Guidelines.
In 1997, Judge Gelpi joined the Puerto Rico Department of
Justice as Assistant to the Attorney General, later that year
he joined the Department's Office of Legal Counsel.
In 1999, Judge Gelpi began serving as Puerto Rico's
Solicitor General.
Following a year as Solicitor General, Judge Gelpi entered
private practice with San Juan firm McConnell Valdes where he
worked on commercial litigation.
In 2001, Judge Gelpi was appointed to serve as U.S.
Magistrate Judge for the District of Puerto Rico. In that
capacity, his recommendations have consistently been adopted
by the District Court.
The American Bar Association unanimously rated Judge Gelpi
``Qualified.''
Mr. LEAHY. Today the Senate will confirm four more lifetime
appointments to our Federal courts, including two more nominees to
important Federal circuit courts. Judge Bobby E. Shepherd, who has been
nominated for a seat on the U.S. Court of Appeals for the Eighth
Circuit, is a U.S. magistrate judge and former Arkansas State circuit-
chancery judge who has the support of both home State Democratic
Senators. We were pleased to be able to expedite his nomination through
the committee and bring him to the floor so quickly. Neil Gorsuch has
been nominated to the Court of Appeals for the Tenth Circuit. I know
that Senator Salazar is pleased that we were able to move his
nomination quickly as well. Today we also consider two district court
nominees, Daniel P. Jordan, III, who has been nominated to be a judge
on the U.S. District Court for the Southern District of Mississippi,
and Gustavo A. Gelpi, who has been nominated to be a judge on the U.S.
District Court for the District of Puerto Rico. I have heard plaudits
from around the country for Judge Gelpi.
When they are confirmed, Judge Shepherd and Mr. Gorsuch will be the
fifth and sixth circuit court nominees confirmed this year. Along with
Judge Gelpi and Mr. Jordan, we will have confirmed 28 judges this year.
This far surpasses the total number of judges confirmed in the 1996
congressional session, when Republicans controlled the Senate and
stalled the nominations of President Clinton in an election year. In
the 1996 session, Republicans would not confirm a single appellate
court judge, compared to six already this year. All 17 confirmations in
1996 were district court nominees. That is the only session I can
remember in which the Senate refused to consider a single appellate
court nomination. That was part of their pocket filibuster strategy to
stall and maintain vacancies in an election year with the hope that a
Republican President could pack the courts and tilt them decidedly to
the right. In the important DC Circuit, the confirmation of Brett
Kavanaugh was the culmination of the Republicans' decade-long attempt
to pack the DC Circuit that began with the stalling of Merrick
Garland's nomination in 1996 and continued with the blocking of
President Clinton's other well-qualified nominees, Elena Kagan and
Allen Snyder.
The 28 judicial nominations confirmed this year by the Republican-
controlled Senate surpasses the number of judges confirmed last year,
22. During the 17 months I was chairman of the Judiciary Committee and
the Senate was under Democratic control, we confirmed 100 of President
Bush's nominees. After today, in the last 2 years under Republican
control, the Senate will have confirmed 50. So the fact that the Senate
has now confirmed more nominees in the past 5\1/2\ years, 255, than in
the last 5\1/2\ years of the Clinton administration is due in no small
part to the much faster pace of confirmations of this President's
nominees when Democrats controlled the Senate.
I am pleased that the Republican leadership has scheduled debate and
consideration of these nominations and am glad that the Republican
leadership is taking notice of the fact that we can cooperate on swift
consideration and
[[Page S8034]]
confirmation of nominations. Working together, we can confirm four
judges today. I commend the Republican Senate leadership for passing
over the controversial nominations of William Gerry Myers III, Terrence
W. Boyle, and Norman Randy Smith. The Republican leadership is right to
have avoided an unnecessarily divisive debate over these nominations
that were reported on a party-line vote.
The President and Senate Republican leadership have too often,
though, chosen to pick fights over judicial nominations rather than
focus on filling vacancies. Judicial vacancies have now grown to well
over 40 from the lowest vacancy rate in decades. More than half these
vacancies are without a nominee. The Congressional Research Service has
recently released a study showing that this President has been the
slowest in decades to nominate and the Republican Senate among the
slowest to act. If they would concentrate on the needs of the courts,
our Federal justice system, and the needs of the American people, we
would be much further along.
I congratulate the nominees on their confirmations today and hope
that they prove to be the kind of judges who understand the central
role of the courts as a check and balance to protect the rights of all
Americans.
Mr. ALLARD. Mr. President, it is my pleasure to rise in support of
Neil M. Gorsuch, President Bush's nominee to the U.S. Court of Appeals
for the Tenth Circuit. Mr. Gorsuch is an extraordinarily well qualified
nominee. I begin by thanking Chairman Specter for swiftly and
unanimously reporting this nominee out of committee. I also thank
Majority Leader Frist for bringing this nomination to the floor for
timely consideration.
As a fifth-generation Coloradan, I am pleased that President Bush
chose a nominee with deep Colorado roots. Born in Denver, Mr. Gorsuch
is a fourth-generation Coloradan who, if confirmed, would carry on his
family history of public service to the State of Colorado. In fact,
some may recognize Mr. Gorsuch from his service as a Senate page in the
early 1980s. It was in the Senate he made his foray into public service
and developed a passion for it that he exudes today.
If I were asked to succinctly characterize Mr. Gorsuch, I would have
to say well rounded--well rounded educationally, professionally, and
personally.
Mr. Gorsuch pursued a rigorous and geographically diverse course of
academic study. He earned his undergraduate degree from Columbia
University, including a summer at the University of Colorado; his law
degree from Harvard; and a doctorate in legal philosophy from Oxford
University.
Mr. Gorsuch began his distinguished professional career as a law
clerk to Judge David Sentelle on the U.S. Court of Appeals to the DC
Circuit. He then went on to clerk for two Supreme Court Justices,
Justice Kennedy and Colorado's own Byron White. Following his
prestigious clerkships, Mr. Gorsuch entered private practice. While in
private practice, Mr. Gorsuch litigated matters for clients large and
small, ranging from individuals to nonprofits to corporations.
Moreover, he litigated cases on a range of issues from simple contract
disputes to complex antitrust and securities fraud matters. He left
private practice in 2005 to return to public service, this time at the
U.S. Department of Justice where he currently serves as the principal
deputy to the Associate Attorney General.
Looking collectively at his career, the picture of an appellate judge
in training emerges. Mr. Gorsuch has served in all three branches of
Government, including the highest levels of the judicial and executive
branches. He has represented both plaintiffs and defendants. He has
represented both individuals and corporations. He has litigated civil
cases and criminal cases. He has litigated in both Federal and State
courts. In sum, the breadth and depth of Mr. Gorsuch's experience makes
him ideally suited to serve on the Federal appellate bench.
While Mr. Gorsuch is highly qualified, I also promised the people of
Colorado I would support judicial nominees who would rule on the law
and the facts before them, not judges who would legislate from the
bench. My support for Mr. Gorsuch today is consistent with that
promise. From my conversations with Mr. Gorsuch, I am certain he
recognizes the proper role of the judiciary. The role of the judiciary
is to interpret the law, not make the law. I believe Mr. Gorsuch is
temperamentally and intellectually inclined to stick to the facts and
the law in cases that would come before him and that he would refrain
from legislating from the bench.
Moreover, Mr. Gorsuch's personal views would not determine the course
of cases that come before him. Mr. Gorsuch himself says:
Personal politics or policy preferences have no useful role
in judging; regular and healthy doses of self-skepticism and
humility about one's only abilities and conclusions always
do.
I believe this statement also speaks to Mr. Gorsuch as a person. He
is humble, unassuming, polite, and respectful. This sentiment is
reflected in numerous letters pouring into my office from people of all
political persuasions who have worked with him over the years. Mr.
Gorsuch possesses the temperament befitting an appellate judge.
In conclusion, Mr. Gorsuch is a topflight nominee whom I am proud to
introduce to my colleagues today. I urge my colleagues to support his
confirmation.
Mr. SALAZAR. Mr. President, I am pleased to speak today in support of
the nomination of Neal Gorsuch to the Tenth Circuit Court of Appeals.
At a time when too many judicial nominations are bogged down by
partisan and ideological rancor, it is heartening to see a nominee on
whom Senators from both parties can agree.
While Mr. Gorsuch has spent the majority of his professional life in
Washington DC, his roots in the state of Colorado are strong--going
back four generations. Once confirmed, he will return to Colorado where
I hope that he will live up to the standard set by a long line of
distinguished jurists from our State, including the late Justice Byron
White.
At the young age of 38, Mr. Gorsuch has already had an impressive
legal career. After earning degrees from Columbia University, Harvard
Law School, and Oxford University, he went on to clerk on the DC
Circuit and U.S. Supreme Courts.
Following his clerkships, he spent nearly 10 years in private
practice before becoming Principal Deputy to the Associate Attorney
General of the United States--where he helps manage the Department's
civil litigation.
I have had the chance to visit with Mr. Gorsuch and learn about both
his personal background and his professional experience. I found him to
be intelligent, thoughtful, and appreciative of the great honor it is
to be nominated to the Federal bench. It is no surprise, then, that the
ABA rated him unanimously well qualified.
Of course, it takes more than a great resume to be a great judge. In
addition to professional excellence as a lawyer, a judicial nominee
should have a demonstrated dedication to fairness, impartiality,
precedent, and the avoidance of judicial activism--from both the left
and the right.
I believe that Mr. Gorsuch meets this very high test--and I believe
he will make a fine addition to the Tenth Circuit Court of Appeals.
The PRESIDING OFFICER. The Senator from Arkansas.
Mr. PRYOR. Mr. President, I rise in support of a very fine person
whom President Bush has nominated to be on the U.S. Court of Appeals
for the Eighth Circuit. His name is Bobby Shepherd. He will replace a
very outstanding circuit court judge named Morris Arnold who is taking
senior status. Judge Arnold has become a legal institution in the State
of Arkansas and on the Eighth Circuit and in the Federal court system.
He has absolutely done a fantastic job during his legal career of
serving his country. He has decided to take senior status.
I am thrilled President Bush has selected Bobby Shepherd to replace
him on the Eighth Circuit. Judge Shepherd has been a U.S. magistrate in
the District Court for the Western District of Arkansas for almost 13
years. One thing I have noticed about Judge Shepherd is, even though I
practiced law in Arkansas since 1988, I have never heard one person say
a bad word about Judge Bobby Shepherd.
He was an elected court judge before he was a magistrate. He prides
himself on being able to work out the litigation between or among the
parties before the necessity of a trial. That is a
[[Page S8035]]
great quality for a trial court judge and a Federal magistrate to try
to unclog the court system by finding a resolution before you have to
go to the expense and the time and the judicial resources of going to
trial.
Prior to his being a magistrate, he was an elected circuit court
judge which is a trial court judge in Arkansas. He served there
admirably. He practiced law in private practice for 14 years. He is a
University of Arkansas School of Law graduate, and received high honors
at the university. He went to college at Ouachita Baptist University,
and served our Nation in the U.S. Army Reserve. He is a director of the
Boys and Girls Club of El Dorado, AR, and has volunteered through the
boys clubs and other organizations for over 20 years in that community.
He also happens to be a deacon and trustee of the First Baptist Church
in his hometown of El Dorado.
I thank my colleagues, especially Senators Specter and Leahy, for
their decision to move this nomination swiftly, and also Senator Hatch
who chaired the confirmation hearing and did an outstanding job through
that process. Senator Lincoln and I were able to be there to introduce
him.
President Bush made a rare find in nominating Judge Shepherd. He has
totally avoided controversy. But one thing about him is, when Judge
Arnold announced he was going to take senior status, very quickly a
consensus grew around this Federal magistrate down in El Dorado, AR.
Democrats and Republicans support him; Independents and Libertarians
support him. People in his community, people outside his community,
lawyers of all stripes, whether they are plaintiffs lawyers, defense
lawyers, criminal defense lawyers, prosecutors, unanimously people
think he is the right person to be on the Eighth Circuit Court of
Appeals.
He has an outstanding reputation as a fair and studious judge. Around
the State I have heard nothing but praise from my colleagues in the
legal community of this decision by President Bush. In fact, the
American Bar Association rated him unanimously well qualified.
When I look at judges, whether they are from Arkansas or other
places, I have three criteria: First, are they qualified; second, do
they have the proper judicial temperament; and third, do they have the
ability to be fair and impartial.
He passes all three tests with flying colors. He is eminently
qualified. He has proven beyond any doubt that he has the right
temperament, and he has proven to all who have ever seen him in action
or been before him that he is fair and impartial. I am confident that
Judge Shepherd will bring these qualities and many more to the Eighth
Circuit. I, as well as Senator Lincoln, heartily endorse this
nomination and am proud to be part of this nomination process, and I am
certainly proud to give him my vote.
Mrs. LINCOLN. Mr. President, I rise in support of the nomination of
Judge Bobby Shepherd to become the next member of the United States 8th
Circuit Court of Appeals.
Based on my review of the record, my visits with Judge Shepherd, and
feedback I have received from members of the Arkansas legal community
who know Judge Shepherd well, I believe he is qualified to serve in
this position, and I support his nomination.
Judge Shepherd was born in Arkadelphia, AR. After high school, Bobby
graduated magna cum laude from Ouachita Baptist University in 1973. He
then continued his education by earning a law degree from the
University of Arkansas, graduating with high honors.
After law school, Judge Shepherd began his professional career as an
attorney in private practice at Spencer & Spencer law firm in El
Dorado. From 1984 to 1987, he worked as a solo practitioner. In 1991,
he began his career as a jurist serving as a Circuit-Chancery judge for
the 13th District of Arkansas until his appointment as a Magistrate
Judge for the Western District of Arkansas in 1993.
Throughout Judge Sheperd's nomination process numerous Arkansans from
all walks of life have contacted me urging me to support Judge
Shepherd. Some of these people had been advocates in Judge Shepherd's
courtroom and others simply considered themselves his friends. To a
person, they all found Judge Shepherd to be a man of honor, respected
by his peers and in his community.
In closing, I thank Chairman Specter and Senator Leahy for working
with Judge Shepherd and me in moving his nomination forward. I
appreciate their consideration of this nominee and urge every Member of
the Senate to support his confirmation.
Mr. COCHRAN. Mr. President, I am pleased to recommend to the Senate
the confirmation of David P. Jordan as U.S. district judge for the
Southern District of Mississippi.
His education, experience, and good moral character equip him with
the qualifications to serve with distinction on the Federal bench. I
have known Dan Jordan's parents since we were classmates at the
University of Mississippi, and I have had the opportunity to follow
their son's development and achievements over the years. He had
remarkable success as a student and was a gifted athlete at his high
school in Richmond, VA, where his father was a professor of history and
chief executive of the foundation that maintains Thomas Jefferson's
famous house and serves as a center for research as well as programs
relating to early American history and public service.
Dan Jordan has earned a reputation for integrity and excellence as a
lawyer in my State. He is widely respected for his sense of fairness
and his keen intelligence. He is highly regarded by the lawyers in our
State and was elected chairman of the Young Lawyers' Section of the
Mississippi State bar. He is a partner in one of the largest and most
prestigious law firms in Mississippi.
I am confident he will serve with distinction and reflect great
credit on the Federal judiciary. I urge the Senate to confirm him.
Mr. LOTT. Mr. President, it is my pleasure to speak in support of the
nomination of Daniel Jordan. I am glad that the President agreed with
my high opinion of Dan and nominated him to the U.S. District Court for
Southern Mississippi. In Mississippi, Dan's nomination has received
broad bipartisan support and praise. He is a well-respected litigator,
and even those who have sometimes opposed him in the courtroom feel he
is an excellent choice to serve in the Federal judiciary.
Dan comes from a wonderful family that I have known for a long time.
I know that they must be extremely proud of him and all that he has
accomplished. I, too, have enjoyed watching him develop into an
outstanding father, lawyer, and a respected Mississippian.
Dan is a cum laude graduate in economics from University of
Mississippi, where he was inducted into the University's Hall of Fame.
In 1993, he received his J.D. from the University of Virginia--where he
was on the editorial board of the Journal of Law and Politics. He is
currently engaged in the general practice of law as a partner with
Butler, Snow, O'Mara, Stevens & Cannada--the largest law firm based in
Mississippi.
In his private practice, Dan has gained broad experience and
demonstrated the knowledge, professionalism, fairness, temperament, and
skill that make him ideally suited for the Federal bench. Dan is a
member of the International Association of Defense Counsel. He serves
on the Executive Committee of the Mississippi Bar's General Litigation
practice group. Dan is a past-president of the Jackson Young Lawyers
Association. He served on the Hinds County Bar Association Board of
Directors, the Mississippi Young Lawyers Board of Directors, as liaison
to the Bench and Bar Relations Committee of the Hinds County Bar
Association and as special prosecutor for the Board of Bar Admissions.
With Federal judicial nominations, it is important that we recognize
the honorable service of those who choose to leave private practice to
serve. However, Dan's service is not surprising. He has a history of
public service. Before attending law school, Dan gained experience
while working for the U.S. Department of Interior and later as a
legislative aide on my Senate staff.
Since returning to Mississippi and entering private practice, he has
continued to find time to serve his community and profession in many
ways. He has served as the coordinator for
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the Jackson, MS-based Stewpot Legal Clinic--an organization providing
legal assistance to the homeless. He has worked with Habitat for
Humanity and served as a committee chairman for the Metropolitan Crime
Commission. His tireless work has prompted leaders in the Jackson, MS,
philanthropic community to laud his efforts and impact.
He has been named one of Mississippi's Top 40 under 40 by the
Mississippi Business Journal and honored as Jackson's Finest by the
Mississippi M-S (Multiple Sclerosis) Foundation. He is an active member
of Christ United Methodist Church in Jackson, MS, and is a loving
husband and father of two.
The President's nomination of Dan Jordan comes as no surprise, given
his education, experience, reputation, and temperament. I believe that
when confirmed, Dan will excel as a fair, honest, measured, and capable
judge. I am proud to have the opportunity to voice my full support for
Dan's nomination, and I look forward to his confirmation.
I yield the floor and 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.
Mr. FRIST. Mr. President, I yield back all time on the judge
nominations.
The PRESIDING OFFICER. All time is yielded back. The question is,
Will the Senate advise and consent to the nominations, en bloc?
The nominations were confirmed, en bloc.
The PRESIDING OFFICER. The President shall be immediately notified of
the Senate's action.
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