[Congressional Record Volume 153, Number 20 (Thursday, February 1, 2007)]
[Senate]
[Pages S1478-S1480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF GREGORY KENT FRIZZELL
Mr. INHOFE. Mr. President, first of all, I appreciate very much the
senior Senator from Pennsylvania yielding to me. I know he is
interested in getting these quality judges confirmed, and votes are
taking place.
We have one coming up in a few minutes that happens to be for a close
personal friend of mine, a judge in Oklahoma, Greg Frizzell. I would
like to make a couple of comments.
First of all, we thought he would be confirmed before the end of last
year, and it didn't work out. There was bickering going on that had
nothing to do with him but with other judges. Fortunately, over the
last few weeks, I have had a chance to talk to colleagues on both sides
of the aisle.
I want to single out Senator Pat Leahy for being so generous with me
and giving me time to talk about Judge Frizzell and why he should be
confirmed. He told me, after listening to this, he would be willing to
put him on his top priority list. He didn't have to do it. He is a
Democrat and I am a Republican. So, again, I compliment Senator Pat
Leahy for doing that for us and for justice in America.
This young man, Greg Frizzell, has a great family background. I
remember when his daddy, Kent Frizzell, was in Kansas and served as
attorney general for that State. Then he had better judgment and
decided to move from Kansas to Oklahoma. We became good friends many
years ago. Greg was very young at that time. He was raised in this
family of public servants, people who served as his father had for such
a long period of time. I think his father is still at the University of
Tulsa Law School and has been for about 20 years and is doing great
work. That is the environment in which Greg Frizzell was raised. He has
been a judge for a long time, and you would think you would hear some
negative things about him. But you don't hear negative things about
this guy. Even his political adversaries all agree that he is the
quality and type of man who should be on the Federal bench.
Robert Sartin, a member of the Board of Governors, said:
Judge Frizzell is a man of extremely good character and
high integrity, with a deep sense of personal responsibility
toward his fellow man.
A fellow judge, Claire Egan, praised him. She talked about the
urgency of this confirmation and that they actually only have three
judges now on that bench doing the work of six judges.
One of the most highly respected senior Federal judges, Ralph
Thompson, who is in senior status in Oklahoma right now, praised Greg,
saying there is nobody out there who could be more qualified than Greg
Frizzell for this particular appointment.
So it is neat that we are finally getting around to this. I apologize
to Greg and his family for the uncertainty that is always there, even
though I never had any uncertainty. I knew he was going to be there.
Getting back again to all these different people, Joe Wolgemuth, a
prominent attorney in Tulsa, recalls an incident where Judge Frizzell--
he has six kids, by the way--had work to do one night, and he went down
and took his six kids with him and did his judicial work. Anybody who
can juggle six kids and do his job at the same time I know is qualified
for this job. I am thrilled that just in a matter of minutes we will be
able to vote to confirm Judge Frizzell to the Northern District of
Oklahoma. He will be a great judge.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.
Judge Gregory Kent Frizzell
Mr. SPECTER. Mr. President, I thank the Senator from Oklahoma for
those comments. He may be interested to know that I have been advised
that the nominee is the son of Kent Frizzell, who was a high school
debater in Kansas in my era. I debated against Kent Frizzell. I also
noted that the nominee was born in Wichita, KS, which is a good place
to be born, because I was born there, too. It is sometimes the source
of some levity.
When I was one of the assistant counsels to the Warren Commission, a
man named Frances W. Adams, a prominent Wall Street lawyer, noted on my
resume that I was born in Wichita. He said: Where was your mother on
her way to at the time? When I say the birth place of Greg Frizzell,
the nominee, is Wichita, KS, I recollect my own birth place and
recollect the connection I had with his father being my high school
debating opponent many years ago.
While I have the floor, I know the time has been reserved to talk
about judges in just a few minutes. Having started on Gregory Kent
Frizzell, I would like to make a few additional comments. Senator Leahy
is due to be here in a few minutes to speak--about three nominees.
Votes are scheduled to take place at 11:55.
I would like to supplement what has been said about Gregory Kent
Frizzell. He has an outstanding academic record. He graduated from
Tulsa University in 1981 and the University of Michigan Law School in
1984. He was an Oklahoma Rhodes Scholar finalist in 1980. He has been
rated unanimously ``well qualified'' by the American Bar Association. I
believe there is no opposition to his nomination for U.S. District
Judge for the Northern District of Oklahoma. I urge my colleagues to
support him.
I ask unanimous consent that his resume be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Gregory Kent Frizzell
United States District Judge for the Northern District of Oklahoma
Birth: December 13, 1956, Wichita, Kansas.
Legal Residence: Oklahoma.
Education: B.A., University of Tulsa, 1981, Phi Alpha Theta
(History Honor Society), Omicron Delta Kappa (National
Leadership Honor Society), Oklahoma Rhodes Scholar
[[Page S1479]]
Finalist, 1980. J.D., University of Michigan Law School,
1984, AmJur Award in Legal Research and Writing.
Employment: Law Clerk, the Honorable Thomas R. Brett, U.S.
District Judge for the Northern District of Oklahoma, 1984-
1986, Associate, Jones, Givens, Gotcher & Bogan, P.C., 1986-
1994, Solo Practitioner, Gregory K. Frizzell, 1994-1995,
General Counsel, Oklahoma Tax Commission, 1995-1997, District
Judge, 14th Judicial District of the State of Oklahoma, 1997-
Present.
Selected Activities: Board of Directors, Tulsa Speech &
Hearing Association, 1986-1995 (President, 1994-1995),
Director-at-Large, Rotary Club of Tulsa, 2006-2007, Master of
the Bench, American Inns of Court, Hudson-Hall-Wheaton
Chapter, 1997-2002 (President, 2000-2001), Member, Oklahoma
Bar Association, (Vice Chairman, Professionalism Committee,
2006) (House of Delegates, 2001-2002), Member, Tulsa County
Bar Association (Board of Directors, 2006) (Chairman, Law
School/Mentoring Committee, 2001-2002), Oklahoma Task Force
on Judicial Selection, 1999-2000.
Judge Frizzell was nominated during the last Congress and
his nomination reported out of the Judiciary Committee with a
favorable recommendation on September 29, 2006. The Senate,
however, did not act on his nomination prior to adjournment
of the 109th Congress.
President Bush re-nominated Judge Frizzell in the 110th
Congress and the nomination reported out of Committee on
January 25, 2007.
Judge Frizzell has had a distinguished career both in
private practice and in public service.
In 1981, he earned his B.A. degree from the University of
Tulsa. While at Tulsa, Judge Frizzell was inducted into the
Phi Alpha Theta and Omicron Delta Kappa Honor Societies. He
was also an Oklahoma Rhodes Scholar Finalist in 1980.
Judge Frizzell went on to earn his J.D. from the University
of Michigan Law School in 1984, where he was awarded the
AmJur Award in Legal Research and Writing.
After law school, he served as a law clerk to the Honorable
Thomas R. Brett, United States District Court Judge for the
Northern District of Oklahoma.
In 1986, Judge Frizzell joined the Oklahoma law firm of
Jones, Givens, Gotchers & Bogan, P.C. as an associate and
focused on commercial litigation.
In 1994, Judge Frizzell left Jones, Givens and practiced as
a solo practitioner. In this capacity he represented
individuals and small business entities in civil
controversies.
In 1995, Judge Frizzell was appointed General Counsel of
the Oklahoma Tax Commission by Governor Frank Keating.
In 1997, Judge Frizzell was appointed district judge for
the l4 Judicial District in the State of Oklahoma. He was
elected without opposition in 1998 and again in 2002. His
term is set to expire in January 2007.
The American Bar Association unanimously rated Judge
Frizzell ``Well Qualified'' to serve as a federal district
court judge.
Judge Lawrence Joseph O'Neill
Mr. SPECTER. Mr. President, further, I support the confirmation of
Judge Lawrence Joseph O'Neill to be U.S. District Judge for the Eastern
District of California. He, too, has an excellent academic record, with
a bachelor's degree from the University of California, Berkeley, in
1973, an MBA from Golden Gate University in 1976, and a law degree from
the University of California, Hastings College of Law. He has a
distinguished professional record. The American Bar Association rated
him unanimously ``well qualified.''
I ask unanimous consent that his resume be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Lawrence Joseph O'Neill
United States District Judge for the Eastern District of California
Birth: September 5, 1952, Oakland, California.
Legal Residence: California.
Education: B.A., University of California at Berkeley,
1973; M.P.A., Golden Gate University, 1976; J.D., University
of California, Hastings College of Law, 1979.
Employment: Associate, McCormick, Barstow, Sheppard, Wayte,
& Carruth, 1979-1983, Partner, 1984-1990; Adjunct Professor,
San Joaquin College of Law, 1986-1992, Professor of the Year
Award, Civil Trial Advocacy; California Superior Court Judge,
Fresno County Superior Court, 1990-1999; Magistrate Judge,
U.S. District Court for the Eastern District of California,
1999-Present.
Selected Activities: Judicial Member, Federal Bar
Association, 1999-Present, Executive Board; Member, Fresno
County Bar Association, 1979-1990, Judicial Member, 1990-
Present, Recipient, ``20 Years of Service'' Award for service
to the Fresno County Mock Trial Program; Member, Federal
Magistrate Judges Association, 1999-Present; Board Member,
Ninth Circuit Magistrate Judge Executive Committee, 2003-
2006; Board Member, Association of Business Trial Lawyers,
1996-2006; Member, California State Bar, 1979-1990 , Inactive
Judicial Member, 1990-Present.
Magistrate Judge Lawrence Joseph O'Neill was nominated
during the last Congress and his nomination reported out of
the Judiciary Committee with a favorable recommendation on
August 2, 2006. The Senate, however, did not act on his
nomination prior to adjournment of the 109th Congress.
President Bush re-nominated Judge O'Neill in the 110th
Congress and the nomination reported out of Committee on
January 25, 2006.
He received his B.A. from the University of California at
Berkeley in 1973, his M.P.A. from Golden Gate University in
1976, and his J.D. from the University of California,
Hastings College of Law in 1979.
During law school, Judge O'Neill served as a legal clerk to
the Honorable Roberts F. Kane of the First Appellate District
of the California Court of Appeals.
Following law school, Judge O'Neill joined the law firm of
McCormick, Barstow, Sheppard, Wayte & Carruth as an
associate. He became a partner with that firm in 1984. His
practice focused almost exclusively on civil tort litigation.
While working for McCormick, Barstow, Judge O'Neill also
taught classes for six years as an adjunct professor at San
Joaquin College of Law. San Joaquin honored Judge O'Neill for
his teaching skills by presenting him with the Professor of
the Year Award.
In 1990, Judge O'Neill was appointed to the Fresno County
Superior Court. He served on that court until 1999 when he
was appointed as a United States Magistrate Judge in the U.S.
District Court for the Eastern District of California.
Judge O'Niell has received numerous awards for his
community service including the annual Judicial Award
presented by the Rape Counseling Service of Fresno County and
the ``20 Years of Service'' Award presented by the Fresno
County Mock Trial Competition Program.
While serving as the presiding judge of the juvenile courts
of Fresno County, Judge O'Neill was recognized for his
outstanding efforts to prevent child abuse with the Judy
Andreen-Nilson Award. The Fresno County Juvenile Justice
Commission also presented him with the Award for Achievement
in Juvenile Justice.
The American Bar Association unanimously rated Judge
O'Neill ``Well Qualified.''
The vacancy to which Judge O'Neill is nominated has been
designated a ``Judicial Emergency'' by the nonpartisan
Administrative Office of the Courts.
Judge Valerie L. Baker
Mr. SPECTER. Mr. President, the third nominee up for a vote at 11:55
is Judge Valerie L. Baker. She is nominated for U.S. District Court for
the Central District of California. Her academic record, as well, is
outstanding: summa cum laude from the University of California, Santa
Barbara in 1971, with a cum laude master's degree from the University
of California, Santa Barbara in 1972, and with a law degree in 1975
from the UCLA School of Law. The American Bar Association unanimously
rates Judge Baker ``well qualified.''
I ask unanimous consent that her resume be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Valerie L. Baker
United States District Judge for the Central District of California
Birth: June 25, 1949, Minneapolis, MN. Legal Residence:
California. Education: B.A., 1971, University of California,
Santa Barbara, summa cum laude; M.A., 1972, University of
California, Santa Barbara, cum laude; J.D., 1975, UCLA School
of Law.
Employment: Associate, Overton, Lyman & Prince, 1975-1977;
Assistant U.S. Attorney, U.S. Attorney's Office, 1977-1980;
Associate, Lillick, McHose & Charles (now Pillsbury,
Winthrop, Shaw & Pittman) 1980-1982, Partner, 1982-1986;
Judge, Los Angeles Municipal Court, 1986-1987; Judge, Los
Angeles Superior Court, 1987-Present.
Selected Activities: Board Member, The Braille Institute,
2001-2003; Member, Los Angeles County Bar Association, 1975-
Present; Member, California Judges Association, 1986-present;
Board Member, Association of Business Trial Lawyers, 1987-
1990, 2001-2004; Board Member, My Friend's Place (homeless
shelter for teens), 1993-1995; 1994 Alfred J. McCourtney
Trial Judge of the Year Award Recipient, Consumer Lawyers of
Los Angeles.
Judge Baker was nominated during the last Congress and her
nomination reported out of the Judiciary Committee with a
favorable recommendation on September 21, 2006. The Senate,
however, did not act on her nomination prior to adjournment
of the 109th Congress. President Bush re-nominated Judge
Baker in the 110th Congress and her nomination reported out
of the Judiciary Committee on January 25, 2006.
Judge Baker received her B.A., summa cum laude, from the
University of California, Santa Barbara in 1971 and Masters
Degree, cum laude, from the same institution a year later. In
1975, she received her J.D. from the UCLA School of Law.
Upon graduating from law school, she began working as an
associate with the firm Overton, Lyman & Prince in Los
Angeles. During her two years at Overton, Judge Baker focused
on business litigation. In 1977, Judge Baker became a
prosecutor with the United States Attorney's Office in Los
Angeles.
In 1980, Judge Baker joined the law firm of Lillick,
McHose, & Charles (now Pillsbury, Winthrop, Shaw & Pittman)
as an associate. Just two years later, the firm granted her
partnership. In 1986, Judge Baker was appointed to serve on
the Los Angeles Municipal Court, where she presided over
civil
[[Page S1480]]
matters and criminal misdemeanors. In 1987, she was elevated
to the Los Angeles County Superior Court, where she currently
serves.
Judge Baker has handled thousands of cases from filing to
disposition, and is widely recognized as one of California's
finest jurists. In 1994, she received the Alfred J.
McCourtney Trial Judge of the Year Award from the Consmer
Lawyers of Los Angeles. The American Bar Association has
rated Judge Baker unanimously ``Well Qualified.''
Mr. SPECTER. Mr. President, I urge my colleagues to vote for these
three distinguished nominees. I thank Senator Leahy, the Chairman of
the Judiciary Committee, for moving these nominations. It is very
important. We have numerous judicial emergencies. We have other
nominees awaiting action by the committee and by the full Senate.
Senator Leahy is moving with dispatch, which is appreciated, and it
is also appreciated that the majority leader has listed these three
nominees for action this morning.
In the absence of any other Senator seeking recognition, 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. COBURN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Judge Gregory Kent Frizzell
Mr. COBURN. Mr. President, I come to the floor to follow up on the
comments made by my senior Senator, Mr. Inhofe, from Oklahoma, on the
qualifications of Judge Gregory Frizzell. He has enumerated many of
those. This is a fine young man with impeccable character and
integrity. He is a living example of a life of service, not just in
what he does as a judge in Oklahoma, but what he does in his community
in Oklahoma. It has been a real pleasure to get to know him, to also
watch him as he went through the process of getting a unanimous vote
out of the Judiciary Committee and having no significant questions
raised about his judicial philosophy, integrity, character, background,
or his qualifications. So it is with a great deal of pleasure that I
look forward to his vote today.
I might comment for a moment that he was capable of being confirmed
in the last Congress, and there was no reason, no good reason why he
wasn't, other than the answer: We are not going to approve any more
judges in this Congress. That is the reason I was told by the now
majority leader that he would not be approved. There is no question as
to his qualifications, but it should remind us again of the dangers of
partisanship for party instead of partisanship for our country and for
future generations.
I am very thankful to the Judiciary Committee chairman, Patrick Leahy
from Vermont, for the speed and quickness with which he has brought
this to the floor. I thank him for that, and I look forward to working
with him with the same speed on any other judges the President might
bring up and that the committee would put out.
It is my hope we can get beyond partisanship on judiciary nominees
and get to the business of filling the significant number of voids or
vacancies that are out there today and that are limiting justice for
people in this country. Justice delayed is justice denied. And a lack
of available judges is denying justice to hundreds and thousands of
Americans every day. So the chairman of the Judiciary Committee has my
commitment as a member of the Judiciary Committee to help him in any
way I can to move those.
It is a great honor that Greg Frizzell will sit as a Federal judge in
the northern district of Oklahoma, and it is my hope we will see many
like him fill the spots across this country.
With that, I yield the floor, Mr. President, and I suggest the
absence of a quorum.
The PRESIDING OFFICER. Will the Senator withhold?
Mr. COBURN. I will withhold.
____________________