[Congressional Record Volume 156, Number 169 (Saturday, December 18, 2010)]
[Senate]
[Page S10667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

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  NOMINATION OF ALBERT DIAZ TO BE UNITED STATES CIRCUIT JUDGE FOR THE 
                             FOURTH CIRCUIT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume executive session to consider the following nomination which the 
clerk will report.
  The bill clerk read the nomination of Albert Diaz, of North Carolina, 
to be United States Circuit Court Judge for the Fourth Circuit.
  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided. The Chair recognizes the Senator 
from Vermont.
  Mr. LEAHY. Mr. President, I yield my time to the Senator from North 
Carolina.
  The PRESIDING OFFICER. The Senator from North Carolina is recognized.
  Mrs. HAGAN. Mr. President, I am thrilled that after 11 months on the 
Executive Calendar, we are finally voting to confirm Judge Albert Diaz 
to the Fourth Circuit Court of Appeals. I have spoken about Judge 
Diaz's qualifications a number of times here on the floor, so I will 
not list them again. But let me say that every Senator should feel 
comfortable voting to confirm this excellent judge to the Federal 
bench. I have no doubt that as the first Hispanic judge on the Fourth 
Circuit, he will serve our Nation with distinction. The senior Senator 
from North Carolina, Mr. Burr, also strongly supports Judge Diaz. I 
wish to thank him for his work on this nomination.
  I wish also to thank the chairman of the Judiciary Committee for his 
tireless work to confirm so many desperately needed judges, including 
Judge Diaz. Judge Diaz will make an outstanding addition to the Fourth 
Circuit. I would urge all of my colleagues to support his nomination.
  I yield the floor.
  Mr. LEAHY. Mr. President, today the Senate will finally consider two 
judicial nominations that have been stalled for months on the Executive 
Calendar after being reported unanimously by the Judiciary Committee.
  The first nomination is Albert Diaz of North Carolina, who was 
nominated in November 2009 to fill a judicial emergency vacancy on the 
Fourth Circuit. His Republican home State senator, Senator Burr, asked 
nearly a year ago that the Judiciary Committee ``look for an expedited 
review and referral to the full Senate so that that deficiency on the 
fourth circuit can be filled.'' We did and the Judiciary Committee 
reported his nomination after unanimous rollcall vote--19 to 0--on 
January 28, nearly 11 months ago. There has been no explanation for the 
lengthy delays preventing final consideration of his nomination.
  Judge Albert Diaz is a respected and experienced North Carolina 
jurist who served in the Armed Forces.
  He has the support of both his home State Senators, Senator Hagan and 
Senator Burr. The ABA Standing Committee on the Federal Judiciary rated 
him unanimously ``well qualified'', and the North Carolina Bar 
Association has urged us to confirm him. When he is confirmed today, 
Judge Diaz will be the first Latino to sit on the Fourth Circuit. I 
congratulate Judge Diaz and his family on his confirmation.
  In addition to Judge Diaz, there are six more superbly qualified 
consensus circuit court nominees ready for consideration by the Senate, 
four of them for judicial emergency vacancies. Five of these were 
reported unanimously, and another was reported with the support of 17 
of the 19 Senators on the Judiciary Committee. I predict all six would 
be confirmed with strong bipartisan support, and I hope all six can get 
up-or-down votes before the Senate adjourns.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Carolina is recognized.
  Mr. BURR. Mr. President, I join my colleague from North Carolina in 
praising the nomination of Judge Albert Diaz, and urge my colleagues to 
approve this nomination. The Fourth Circuit has suffered for some time 
under partisan politics. Good nominees have fallen by the wayside, and 
that time needs to stop.
  Judge Diaz is immensely qualified for this position and will serve 
well on the court. He has proven himself already by earning a 
reputation as a fair and impartial judge, and also for dedicated public 
service in the Marines and his community.
  After the treatment of some of the nominees for the Fourth Circuit 
and what they were subjected to, I am impressed that we still have high 
caliber nominees such as Judge Albert Diaz who would step forward to go 
through the nomination process.
  It is a proud day that Judge Diaz is getting the vote that so many 
never did. I urge my colleagues to vote in favor of this nomination and 
get this good man on the Fourth Circuit.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Leahy.) All time has expired.
  The question is, Will the Senate advise and consent to the nomination 
of Albert Diaz to be U.S. Circuit Judge for the Fourth Circuit?
  The nomination was confirmed.

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