[Congressional Record Volume 153, Number 45 (Thursday, March 15, 2007)]
[Senate]
[Pages S3190-S3192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         NOMINATIONS OF JOHN PRESTON BAILEY AND OTIS D. WRIGHT

  Mr. President, now the Senate will consider and, I believe, confirm 
the nominations of John Preston Bailey for the Northern District of 
West Virginia and Otis D. Wright II for the Central District of 
California.
  With these two confirmations, both to fill judicial emergency 
vacancies, the Senate will have confirmed 13 lifetime appointments to 
the Federal bench so far this year. There were only 17 in the entire 
1996 session. I have worked cooperatively with Members from both sides 
of the aisle on our committee and in the Senate to move quickly to 
consider and confirm these judicial nominations so that we can fill 
vacancies and improve the administration of justice in our Nation's 
Federal courts.
  The Administrative Office of the U.S. Courts lists 48 remaining 
judicial vacancies, yet the President sent us only 18 nominations for 
these vacancies. Thirty of these vacancies--more than half--have no 
nominee. Of the 20 vacancies deemed by the Administrative Office to be 
judicial emergencies, the President has yet to send us nominees for 16 
of them. That means four-fifths of the judicial emergency vacancies are 
without a nominee.
  Each of the nominations before us today has the support of their home 
State Senators. And I thank Senators Byrd, Rockefeller, Feinstein, and 
Boxer for their support of these nominations.
  John Preston Bailey has been nominated to the Northern District of 
West Virginia, a seat deemed to be a judicial emergency by the 
Administrative Office of the U.S. Courts. Mr. Bailey is a graduate of 
Dartmouth College, and he obtained his law degree from West Virginia 
University where he graduated with honors as a member of the Order of 
the Coif and the West Virginia Law Review. After law school, Mr. Bailey 
served as a law clerk to Judge Charles H. Haden II, a U.S. District 
Judge of the Northern and Southern Districts of West Virginia.
  In his legal career, Mr. Bailey has worked as an assistant 
prosecuting attorney for Ohio County, WV, and special assistant 
prosecuting attorney for Marshall County, WV. He currently is a partner 
at the Wheeling, WV, law firm of Bailey, Riley, Buch and Harman, L.C., 
where he has worked since 1978.
  Judge Otis D. Wright II has been nominated to the Central District of 
California, another seat designated a judicial emergency. Judge Wright 
is a judge on the Superior Court of California, a court with one of the 
largest caseloads in the country. Before coming to the bench, Judge 
Wright worked for 22 years as a civil litigator at the Los Angeles law 
firm of Wilson, Elser, Moskowitz, Edelman and Dicker LLP, and 3 years 
as a deputy attorney general for the California Department of Justice. 
He graduated from California State University and received his law 
degree from Southwestern School of Law.
  Judge Wright's story has been a march toward the American dream. As 
an African American born in Tuskegee, AL, Judge Wright rose above the 
travails and barriers posed by a Jim Crow segregated society to serve 
his country as a U.S. marine, a deputy sheriff in the Los Angeles 
County Sheriff's Department, a State government attorney, a partner at 
a Los Angeles law firm, and a judge on the State bench. Today this 
great American story includes confirmation to a lifetime appointment on 
the Federal bench.
  I am pleased one of the two nominations before us is an African 
American. I have urged, and will continue to urge, the President to 
nominate men and women to the Federal bench who reflect the diversity 
of America. Racial diversity remains a pillar of strength for our 
country and one of our greatest natural resources. Diversity on the 
bench helps ensure that the words ``equal justice under law,'' 
inscribed in Vermont marble over the entrance to the Supreme Court, are 
a reality and that justice is rendered fairly and impartially. Judicial 
decisions should reflect insight and experiences as varied as America's 
citizenry. A more representative judiciary helps cultivate public 
confidence in the judiciary which strengthens the independence of our 
Federal courts.
  A more representative judiciary also strengthens the fabric of our 
democracy. As we were reminded earlier this year, while honoring the 
life of Dr. Martin Luther King, Jr., the promise of our democracy lies 
in building a nation more inclusive of all Americans.
  The nomination before us today represents an important step toward 
achieving that promise. I am pleased that, if confirmed, Judge Wright 
would become the 90th African-American judge currently on the Federal 
bench.
  But there is still much work to be done. In 6 years, President Bush 
has nominated only 18 African-American judges to the Federal bench, 
compared to 53 African-American judges appointed by President Clinton 
in his first 6 years in office. He has yet to appoint an African-
American judge from Mississippi even though that State has the highest 
percentage of African-American residents of any State.
  Our Nation has highly qualified individuals of diverse heritages who 
would help to unify our Nation while adding to the diversity of our 
courts. I hope the President will send us more consensus nominees that 
reflect the rich diversity of our Nation.
  I congratulate the nominees, and their families, on their 
confirmations today.


                      NOMINATION OF OTIS D. WRIGHT

  Mrs. FEINSTEIN. Mr. President, it is my pleasure to support Judge 
Otis Wright, a distinguished nominee to the U.S. District Court for the 
Central District of California.
  Judge Wright is nominated to a seat that has been designated as a 
judicial emergency. The Central District of California, based in Los 
Angeles, is the largest and busiest Federal judicial district in the 
Nation.
  When this Congress began, there were five vacancies on this court 
more than twice as many as in any other judicial district in the 
country.

[[Page S3191]]

  I am pleased that the Senate has already confirmed two new judges for 
the Central District this year, and I thank Chairman Leahy for moving 
the California judicial nominees quickly.
  Judge Wright is a graduate of California State University at Los 
Angeles and of the Southwestern School of Law.
  After graduating from law school, Judge Wright was a deputy attorney 
general in the California Department of Justice for 3 years. During 
that time he specialized in criminal appeals.
  He went on to join the law firm of Wilson, Elser, Moskowitz, Edelman 
& Dicker, where he became a partner during a career that spanned more 
than 20 years. He practiced civil litigation in many areas, with a 
particular focus on insurance coverage litigation.
  While in private practice, Judge Wright was a volunteer attorney with 
the HIV AIDS Legal Services Alliance. His work on behalf of those with 
HIV and AIDS included housing and employment discrimination cases, as 
well as preparing wills for the terminally ill.
  Judge Wright's public service has not been limited to his legal 
career: he was a deputy sheriff in the Los Angeles County Sheriff's 
Department while attending college and law school, and before that he 
served in the U.S. Marine Corps and the Marine Corps Reserves.
  He is one of only 16 African Americans who have been nominated to be 
federal judges in the 6 years that President Bush has been in office. 
During the first 6 years of the Clinton presidency, by contrast, 53 
African Americans were nominated. Judge Wright will be a welcome 
addition to the bench.
  In California we have developed a bipartisan process known as the 
Parsky Commission for selecting Federal district court nominees. Under 
this system, a committee of lawyers, including Democrats and 
Republicans, recommends qualified applicants to the President.
  I am proud of this system and pleased to say that Judge Wright was 
recommended by the Parsky Commission. This gives me confidence that he 
comes to the bench without an ideological agenda and prepared to serve 
all the people of California.
  I urge my colleagues to vote in favor of Judge Wright's nomination.


                   nomination of john preston bailey

  Mr. BYRD. Mr. President, I am pleased to speak today in support of an 
esteemed colleague, a fine West Virginia lawyer named Mr. John Preston 
Bailey. Mr. Bailey hails from the beautiful city of Wheeling, WV. John 
Bailey has been nominated by the President for a seat on the Federal 
bench in the Northern District of West Virginia.
  Mr. Bailey is a splendid choice for this judgeship. He is senior 
partner at the firm of Bailey, Riley, Buch and Harman. Not only is Mr. 
Bailey well-versed in administrative law, he is also a successful 
litigator, competent in both civil and criminal litigation.
  John Bailey graduated from West Virginia University's College of Law 
in 1976, where he was a member of the West Virginia Law Review. He was 
admitted to the State Bar of West Virginia that same year and clerked 
for 2 years thereafter with the Honorable Charles H. Haden II, who, at 
that time, was the U.S. district judge for both the Northern and 
Southern Districts of West Virginia.
  Mr. Bailey is extremely well qualified to be confirmed as a Federal 
judge. He worked as an assistant prosecuting attorney in the mid-1980s, 
and he served as chairman of the Workers' Compensation Appeals Board in 
West Virginia from 1985 to 1991. He sat on the executive council of the 
West Virginia Bar Association for 6 years and was elected to be 
president of that association in 1992. He was thereafter elected and 
served as president of the West Virginia State Bar from 2003 to 2004. 
Before that, he served as vice president of the state bar and as a 
member of the bar's Board of Governors.
  More recently--in fact, just last year--he was also bestowed the 
honor of ``Fellow'' by the West Virginia Bar Foundation. In bestowing 
that honor upon Mr. Bailey, Tom Tinder, the executive director of the 
West Virginia Bar Foundation, stated that Mr. Bailey is a ``true 
leader'' of his community. John Preston Bailey has been a member of the 
Order of the Coif, the Order of the Barristers, a member of the Moot 
Court Board, the Ohio County Bar Association, the West Virginia Trial 
Lawyer Association, and a member of the National Association of 
Criminal Defense Attorneys.
  I can attest to the fact that Mr. Bailey comes highly recommended by 
West Virginians of varying legal viewpoints. He is a smart, independent 
thinker. He is hard working. He has had over 30 years of experience as 
a licensed attorney. As a result, he recognizes the solemn 
responsibility with which a Federal judge is charged. He must 
interpret--impartially,  and with proper contemplation of, and respect 
for, the three, separate branches of our Government--provisions that 
have been approved by the Congress and signed into law the President.

  Mr. Bailey has an excellent reputation and a keen intellect. Based on 
my understanding of Mr. Bailey's character and impressive credentials, 
I believe that he will make a fine Federal judge. For all of the 
reasons that I have mentioned, I am pleased to urge my colleagues to 
support his nomination to be a U.S. district court judge for the 
Northern District of West Virginia.
  Mr. ROCKEFELLER. Mr. President, I thank the majority leader for 
moving expeditiously to move the confirmation for John Preston Bailey 
to be a judge on the U.S. District Court for the Northern District of 
West Virginia. I thank Judiciary Committee Chairman Leahy and Ranking 
Member Specter for reporting this nomination to the full Senate, and I 
commend Mr. Bailey to my colleagues as exactly the type of nominee we 
should all support for seats on the Federal bench.
  John Bailey did something somewhat unusual after he earned his degree 
from Dartmouth College. He came back. He defied a longstanding trend of 
our best and brightest young men and women leaving to seek their 
fortunes and not returning. He went on to earn his law degree from the 
School of Law at West Virginia University and then served as a law 
clerk for the Honorable Charles Haden II. Judge Haden was a Republican 
and a Ford appointee but was also a good friend to this Senator. He was 
a fair and decent man widely respected for his intellect and his 
diligent efforts to arrive at the correct outcome. I can only hope that 
John Bailey chooses to emulate his former mentor, Judge Haden. Knowing 
what I know of John Bailey, he will, and West Virginians will benefit.
  Lawyers in West Virginia have a great deal of respect for John 
Bailey. He has served the West Virginia legal community as president of 
the West Virginia State Bar and the West Virginia Bar Association and 
was a member of the Board of Governors of the West Virginia Trial 
Lawyers Association. Some West Virginia lawyers and judges I have known 
for many decades believe John Bailey will be a very capable judge 
because he is a great lawyer. He takes the facts as he finds them and 
does not come to the table with preconceived notions as to what the 
outcome should be. Those traits, along with a first-rate intellect and 
solid educational and work credentials, make up the formula for the 
kind of judicial nominee we all hope to see come to the Senate from 
Presidents of both parties.
  I yield back the remainder of my time and ask for the yeas and nays 
on the Hardiman nomination.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. SPECTER. Mr. President, a very brief supplemental comment: Judge 
Hardiman has been on this bench since 2003. He received a unanimous 
``well qualified'' rating from the American Bar Association.
  I ask unanimous consent that the following information be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Thomas Michael Hardiman--United States Court of Appeals for the Third 
                                Circuit

       Birth: July 8, 1965, Winchester, Massachusetts.
       Legal Residence: Pennsylvania.
       Education: B.A., University of Notre Dame, 1987, Notre Dame 
     Scholar; J.D., Georgetown University Law Center, 1990, 
     Associate Editor and Notes & Comment Editor, Georgetown Law 
     Journal.
       Employment: Associate, Skadden, Arps, Slate, Meagher & Flom 
     LLP, 1990-1992; Associate, Titus & McConomy LLP, 1992-1996,

[[Page S3192]]

     Partner, 1996-1999; Partner, Reed Smith LLP, 1999-2003; 
     Judge, United States District Court for the Western District 
     of Pennsylvania, 2003-Present.
       Selected Activities: Delegate, American Bar Association 
     House of Delegates, 1996-1998; Fellow, Academy of Trial 
     Lawyers of Allegheny County; Member, Pennsylvania Bar 
     Association, Member Professionalism Committee, 1999-2003; 
     Member, American Inns of Court, University of Pittsburgh 
     Chapter; Volunteer, Big Brothers Big Sisters of Greater 
     Pittsburgh, Inc., Director, 1995-Present, Past-President, 
     1999-2000; Member, Federalist Society; Treasurer, Republican 
     Committee of Allegheny County, 2000-2003

  Mr. LEAHY. We yield back all of our time.
  Mr. SPECTER. I yield back my time.
  The PRESIDING OFFICER. All time is yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of Thomas M. Hardiman, of Pennsylvania, to be U.S. circuit judge for 
the Third Circuit? On this question the yeas and nays have been 
ordered, and the clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Illinois (Mr. Durbin) and 
the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senators were necessarily absent: the Senator 
from Colorado (Mr. Allard), the Senator from Mississippi (Mr. Cochran), 
and the Senator from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the chamber 
desiring to vote?
  The result was announced--yeas 95, nays 0, as follows:

                       [Rollcall Vote No. 78 Ex.]

                                YEAS--95

     Akaka
     Alexander
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     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
     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--5

     Allard
     Cochran
     Durbin
     Johnson
     McCain
  The nomination was confirmed.


               Vote On Nomination of John Preston Bailey

  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of John Preston Bailey, of West Virginia, to 
be United States District Judge for the Northern District of West 
Virginia?
  The nomination was confirmed.


                Vote On Nomination of Otis D. Wright II

  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Otis D. Wright II, of California, to be 
United States District Judge for the Central District of California?
  The nomination was confirmed.
  The PRESIDING OFFICER. The President will be immediately notified of 
the Senate's action.

                          ____________________