[Congressional Record Volume 153, Number 18 (Tuesday, January 30, 2007)]
[Senate]
[Page S1319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                   Nomination of Philip S. Gutierrez

  The PRESIDING OFFICER. There will now be 2 minutes of debate equally 
divided on the Gutierrez nomination.
  Mr. LEAHY. Madam President, Philip S. Gutierrez is the second 
nomination we consider today to a seat deemed to be a judicial 
emergency. We considered his nomination in the Judiciary Committee late 
last week and the two Senators from California have urged we move this 
nomination without further delay. I am pleased that we are able to do 
so today. As I said earlier before the vote to confirm Lisa Godbey Wood 
to fill an emergency vacancy in Georgia, Judge Gutierrez's nomination 
will be the 102nd to be confirmed while I have served as Judiciary 
Committee chairman and the 260th nominee of President Bush to be 
confirmed.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Madam President, I thank the majority leader and 
Chairman Leahy for bringing up the nomination of Philip Gutierrez. He 
has an outstanding academic record. His bachelor's degree is from the 
University of Notre Dame. He has a law degree from UCLA. He has been 
rated ``well qualified'' by the American Bar Association.
  Judge Gutierrez was nominated during the last Congress and his 
nomination reported out of the Judiciary Committee with a favorable 
recommendation on September 21, 2006. The Senate, however, did not act 
on his nomination prior to adjournment of the 109th Congress.
  President Bush renominated Judge Gutierrez in the 110th Congress and 
his nomination reported out of the Judiciary Committee on January 25, 
2006.
  Judge Gutierrez received his BA degree from the University of Notre 
Dame in 1981 and a JD from the UCLA School of Law in 1984.
  Judge Gutierrez's substantial experience both in private practice and 
on the California Superior Court have prepared him to serve on the 
Federal bench.
  He began his legal career as an associate with the Los Angeles firm 
Wolf, Pocrass & Reyes from 1984 to 1986 and then worked as an associate 
with Kern & Wooley from 1986 to 1988. At both firms, Judge Gutierrez 
worked on civil tort liability litigation.
  In 1988, Judge Gutierrez joined the law firm of Cotkin & Collins in 
Santa Ana as managing partner. At Cotkin, he focused his practice on 
business litigation with an emphasis in professional liability and 
insurance coverage.
  In 1997, Judge Gutierrez was appointed to serve on the Whittier 
Municipal Court where he presided over misdemeanors, felony 
arraignments, and civil matters.
  In 2000, he was elevated to the Los Angeles County Superior Court 
where he currently sits in the Pomona division. He presides over a 
range of significant civil and criminal matters, including felony 
cases.
  Active in judicial governance and education, Judge Gutierrez 
currently serves on the Los Angeles County Superior Court Executive 
Committee and the California Judges Association's Committee on Judicial 
Ethics, of which he is a former chair.
  He serves on several committees of the California Center for Judicial 
Education and Research.
  The American Bar Association has rated Judge Gutierrez unanimously 
``well qualified.''
  Madam President, I know the Members on the Senate floor would like to 
have a detailed description of his resume, but they will have to read 
it in the Congressional Record. I ask unanimous consent it be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                        Philip Steven Gutierrez


  United States District Judge for the Central District of California

       Birth: October 13, 1959, Los Angeles, CA
       Legal Residence: California.
       Education: B.A., 1981, University of Notre Dame; J.D., 
     1984, U.C.L.A. School of Law.
       Employment: Associate, Wolf, Pocrass & Reyes, 1984-1986; 
     Associate, LaFollette, Johnson, DeHaas, Fesler & Ames, 07/86-
     09/86; Associate, Kern & Wooley, October 1986-1988; Managing 
     Partner, Cotkin & Collins, 1988-1997; Judge, Whittier 
     Municipal Court, 1997-2000; Judge, Los Angeles Superior 
     Court, 2000-Present.
       Selected Activities: Chair, California Judges Association, 
     Committee on Judicial Ethics, 2003-2004; Vice Chair, 2002-
     2003; Member, Los Angeles Superior Court Executive Committee, 
     2005-Present; Member, California Center for Judicial 
     Education and Research, 2000-Present; Seminar Leader and 
     Faculty Member, B.E. Witkin California Judicial College, 
     2004-2005; Member, State Bar Committee on Professional 
     Liability Insurance, 1991-1997; Member, American Bar 
     Association, Tort and Insurance Practice Insurance Coverage 
     Litigation Committee, 1992-1997; Member, Orange County Bar 
     Association, 1988-1997; Board Member, Hispanic Bar 
     Association of Orange County, 1993-1995; Board Member, 
     Westside Legal Services, 1986-1998.

  Madam President, I yield the floor.
  Mr. CRAIG. Madam President, 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 Philip S. Gutierrez, of California, to be United States District 
Judge for the Central District of California. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden) and 
the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senator was necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The PRESIDING OFFICER (Mr. Salazar). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 97, nays 0, as follows:

                       [Rollcall Vote No. 36 Ex.]

                                YEAS--97

     Akaka
     Alexander
     Allard
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--3

     Biden
     Brownback
     Johnson
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the President will 
be immediately notified of the Senate's action.

                          ____________________