[Congressional Record Volume 157, Number 23 (Monday, February 14, 2011)]
[Senate]
[Pages S668-S670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                      Nomination of Edward Davila

  Mr. President, today it is my honor to support the nomination of 
Judge Edward Davila as the Senate prepares to vote on his confirmation 
to become a district court judge. I congratulate him and his family on 
this important day. I have had the privilege of recommending Judge 
Davila to President Obama to serve on the Northern District Court of 
California. He is respected by his colleagues and those who appear 
before him, and he will make an excellent addition to the bench.
  This is a critical vacancy to fill. The Northern District has been 
designated a judicial emergency by the Administrative Office of the 
U.S. Courts. We do not have enough judges. This is another area in 
which we must work better together. I am hopeful on this one that we 
can.
  I am pleased that we are voting on Judge Davila today. When he is 
confirmed, Judge Davila will be the only Latino serving on the Northern 
District Court. That is important. Our State is so diverse, it is 
extraordinary, and we need everybody believing they are represented.
  The judge is outstanding. He brings an impressive background of 
service in both public service and private practice.
  Judge Davila was born in Palo Alto, one of three children raised by a 
single mother. It is from his mother Dora that he learned the important 
qualities that have served him well. He defines those as hard work and 
determination. I extend my personal congratulations to Dora. As a 
mother, I know the immense pride she must feel for her son at his 
extraordinary accomplishments.
  Judge Davila is a graduate of the California State University at San 
Diego and the University of California's Hastings College of Law in San 
Francisco. He practiced law for nearly three decades, spending his 
first 7 years as Santa Clara County public defender before moving into 
the private sector as the co-owner of a small firm specializing in 
criminal defense. During his time as defense counsel, Judge Davila 
earned the respect of prosecutors and law enforcement officials with 
whom he interacted, and he received awards from the State Bar of 
California. He served as president of the Santa Clara Bar Association 
in 1998.
  Since 2001, he has served on the Santa Clara County Superior Court, 
where he has drawn praise from fellow judges and lawyers for his hard 
work, his integrity, and his fairness. In a recent survey by the Santa 
Clara County Bar Association, his performance was rated ``excellent'' 
or ``good'' by a huge percentage of participants with respect to his 
work ethic, his knowledge of the law, his knowledge of procedure, 
integrity, dispute resolution, and his judicial temperament, which we 
know is so important. He has also received awards and recognition for 
his judicial performance from the Santa Clara Bar Association and the 
California State Assembly.
  I close by congratulating Judge Davila and his entire family on this 
momentous day. Here is another example of the American dream. I urge my 
colleagues in the Senate to join me in voting to confirm this highly 
qualified nominee to the Federal bench.
  Mrs. FEINSTEIN. Mr. President, I rise in support of the nomination of 
California Superior Court Judge Edward Davila to be a U.S. district 
judge in the Northern District of California.
  If confirmed, Judge Davila would bring a wealth of relevant 
experience to the district court. Since 2001, he has served as a 
superior court judge in Santa Clara County. He has presided over more 
than 10,000 cases--both civil and criminal--and has seen more than 50 
cases from trial to final judgment.
  He is a seasoned lawyer who also has more than 20 years of litigation 
experience under his belt. For 13 years, Judge Davila tried criminal 
cases as a partner at his own law firm in San Jose. For 7 years before 
that, he worked as a deputy public defender for Santa Clara County. In 
total, during his two decades as a litigator, he tried more than 45 
cases to verdict or judgment.
  Beyond his professional experience, Judge Davila has also been a 
devoted member of the Santa Clara community. He is a former president 
of the Santa Clara County Bar Association as well as the Santa Clara 
County La Raza Lawyers Association. He has taught trial advocacy at 
Stanford Law School, the University of San Francisco School of Law, and 
the University of Santa Clara School of Law. And he has made it a 
longstanding practice to teach local high school students about the 
criminal justice system through mock trials in his courtroom.
  Judge Davila's confirmation would also bring much needed diversity to 
a court with broad reach in California. There are currently 18 active 
and senior district judges in the Northern District of California, but 
not a single one is of Latino or Hispanic descent. Judge Davila's 
confirmation would correct this imbalance. I am pleased to support his 
nomination, and I strongly urge my colleagues to confirm him.
  Finally, I want to say a word about the caseload in this district. 
Last

[[Page S669]]

week, the Judicial Conference of the United States sent a letter to the 
President and the leadership of the Senate calling attention to a 
handful of courts with severe caseload problems.
  The Northern District is one of these courts. Last year, the 
district's judges carried a caseload of nearly 600 weighted filings per 
judgeship--far above the recommended level. With two vacancies 
unfilled, that caseload rose to more than 700 weighted filings per 
active judge.
  These vacancies did not exist for lack of a nominee. The President 
nominated Judge Davila in May of last year. He was reported out of the 
Judiciary Committee without objection, but he is only now receiving a 
vote. Another very qualified nominee for this court, Magistrate Judge 
Edward Chen, was nominated in August of 2009. He has been reported out 
of the Judiciary Committee twice but still has not received a vote on 
the floor.
  Today's vote on Judge Davila's nomination is a step in the right 
direction. I urge my colleagues to support him, and I hope that we can 
continue to work together to ensure that our Federal courts have the 
judges they need to administer justice fairly and in a timely manner 
for the American people.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WICKER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Mississippi.
  Mr. WICKER. Mr. President, I rise in strong support of the nomination 
of Mississippi Supreme Court Justice James Graves to the U.S. Court of 
Appeals for the Fifth Circuit. I thank all of those on both sides of 
the aisle who have worked to get this vote scheduled and to bring us to 
this moment, where I am confident Justice Graves will be confirmed.
  When that happens today and when he takes the oath, Justice Graves 
will bring a rich and distinguished background of public service to the 
Fifth Circuit. He is a Mississippi native. He graduated as 
valedictorian of Sumner High School in the small delta town of Sumner 
and went on to receive his bachelor's degree from Millsaps College 
before going to law school at Syracuse University.
  Justice Graves currently presides as a justice on the Mississippi 
Supreme Court, where he has faithfully served since his appointment in 
2001 and his subsequent election in 2004. Before being appointed to the 
Mississippi Supreme Court, Justice Graves served as a circuit court 
judge in Hinds County, MS, for 10 years.
  Justice Graves is a dedicated family man and community volunteer. He 
has been honored on numerous occasions with awards recognizing his 
public service. Those who know him know he is particularly committed to 
teaching and motivating young people, particularly the young people of 
my State of Mississippi. I am confident that even in this position of 
increased responsibility and visibility, he will continue taking time 
to work with our Nation's young people.
  I am proud today to speak on behalf of Justice Graves. I urge my 
colleagues to vote in support of his nomination to the Fifth Circuit.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. COCHRAN. 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. COCHRAN. Mr. President, I am pleased to support the nomination of 
Justice James E. Graves, Jr., to serve as a judge on the U.S. Court of 
Appeals for the Fifth Circuit. At this time, Justice Graves is serving 
as a presiding justice on the Mississippi Supreme Court. He was 
appointed to our State's highest court in 2001, and he was elected to 
the court in 2004. Prior to that, he served as a trial court judge for 
10 years.
  Justice Graves has earned impressive academic credentials, including 
an undergraduate degree from Millsaps College, a law degree from 
Syracuse University College of Law, and a master's degree in public 
administration from Syracuse University.
  Justice Graves has served as a director of the Child Support Division 
of the Mississippi Department of Human Services. It is with pride and 
pleasure that I am able to recommend to the Senate the confirmation of 
Justice James E. Graves, Jr.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. 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. GRASSLEY. Mr. President, today the Senate will confirm two more 
of President Obama's judicial nominees. With this action, we are 
filling two seats which have been declared judicial emergencies. I am 
pleased we are moving forward with these important positions.
  I agree with the chairman's recent editorial and remarks he has made 
that we have an opportunity to turn the page and work together in a 
spirit of bipartisanship and civility. I do not view it as a productive 
effort to continue with the finger pointing and the negative back and 
forth regarding the previous pace or outcome of judicial nominations. 
Unfortunately, that rhetoric has frequently overshadowed the debate on 
the qualifications of particular nominees.
  I and my Republican colleagues have been very cooperative in taking 
action on the President's nominees. During this Congress, the President 
has nominated 50 individuals to the Federal judiciary. This Congress 
has been in session for approximately 1 month. In this brief time, we 
have taken positive action, in one form or another, on nearly half of 
those nominees. With today's votes, we will have confirmed 5 nominees. 
If this is not cooperation, I do not know what is.
  Furthermore, we have seen a high level of bipartisanship with regard 
to President Obama's confirmed nominees. For President Obama's 
confirmed district judge nominees, 94 percent of those confirmations 
were by unanimous votes. Only 59 percent of President Bush's confirmed 
district court nominees were afforded that same level of 
bipartisanship. So I think it is fair to say that we are cooperating in 
a bipartisan manner, and in a deliberate pace.
  I am working with the chairman to ensure nominees are afforded a fair 
but thorough process, in a timely manner. I have appreciated the 
chairman's courtesy as we have worked together to set schedules and 
agendas. As we do so, I assure my colleagues that I will not falter on 
ensuring each nominee is properly and thoroughly evaluated.
  We are acting to reduce the judiciary vacancy rate. There are 
currently 99 vacancies in the Federal courts. However, it is remarkable 
to me that more than half of those vacancies, 52 seats, have yet to 
receive a nomination. Furthermore, 25 of the 46 seats deemed to be 
judicial emergencies do not have nominees. It is unfair to blame 
Republicans for any delays with these vacancies. It is impossible to 
fill seats when a nominee has not been named. It is the responsibility 
of the President to send to the Senate consensus nominees for these 
positions.
  Let me say a few words about the nominees who are scheduled to have 
votes today. I thank our leadership for the reasonable arrangement that 
was reached to consider these nominations.
  First, Justice James E. Graves has been nominated to be a circuit 
judge for the Fifth Circuit. He received his B.A. from Millsaps 
College, his J.D. and an M.P.A. from Syracuse University.
  Justice Graves comes to the Federal bench with extensive experience 
in the legal field. He was a staff attorney for the Central Mississippi 
Legal Services for 3 years before moving into private practice. Justice 
Graves also spent time, first as a counsel, then as a chief legal 
counsel, in the office of the Mississippi attorney general. Justice 
Graves left the Office of the Attorney General to become director of 
the Mississippi Department of Human Services' Child Support Enforcement 
Division.

[[Page S670]]

  Justice Graves also has considerable judicial experience. He was 
appointed to Mississippi Circuit Court judge in 1991 and was re-elected 
twice. Since 2001, Justice Graves has served on the Mississippi Supreme 
Court and has authored 151 majority opinions for the court and 92 
concurring or dissenting opinions. The American Bar Association 
Standing Committee on the Federal Judiciary unanimously rated him 
``Qualified.''
  I also rise in support of Judge Edward Davila to be U.S. district 
judge for the Northern District of California. With today's vote, we 
will have confirmed 7 of President Obama's nominees to the district 
courts of California. Judge Davila received his B.A. from California 
State University, San Diego and his J.D. from University of 
California's Hastings College of the Law. A majority of the American 
Bar Association Standing Committee on the Federal Judiciary rated him 
``Qualified.''
  Judge Davila began his career at the Santa Clara County Public 
Defender before entering private practice. He represented criminal 
defendants in State and Federal courts. In August 2001, Governor Gray 
Davis appointed Judge Davila to the Superior Court of California, 
County of Santa Clara, a trial court of general jurisdiction. Judge 
Davila was re-elected without opposition twice.
  We are making good progress in considering judicial nominations. I am 
pleased the chairman and I have been able to move forward. We are 
filling judicial vacancies, with a particular focus on judicial 
emergencies. We are working in a manner that treats each nominee in a 
fair manner and permits each Senator to thoroughly review the 
qualifications of each nominee.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative proceeded to call the roll.
  Mr. LEAHY. 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. LEAHY. Mr. President, we are prepared to yield back any time on 
this side. I understand from my colleague that they will yield back on 
their time.
  Parliamentary inquiry: Is the first nomination the Graves nomination?
  The PRESIDING OFFICER. That is correct.
  Mr. LEAHY. It is my understanding there is not a request for a 
rollcall vote on that one.
  The PRESIDING OFFICER. If all time is yielded back, the question is, 
Will the Senate advise and consent to the nomination of James E. 
Graves, Jr., of Mississippi, to be a U.S. circuit judge for the Fifth 
Circuit?
  The nomination was confirmed.
  Mr. LEAHY. Mr. President, I move to reconsider the vote.
  Mr. GRASSLEY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Edward J. Davila, of California, to be a 
U.S. district judge for the Northern District of California?
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry), the Senator from Maryland (Ms. Mikulski), the Senator from 
Arkansas (Mr. Pryor), and the Senator from New Mexico (Mr. Udall) are 
necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt), the Senator from South Carolina (Mr. 
DeMint), and the Senator from South Carolina (Mr. Graham).
  The PRESIDING OFFICER (Mr. Manchin). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 93, nays 0, as follows:

                       [Rollcall Vote No. 15 Ex.]

                                YEAS--93

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Ensign
     Enzi
     Feinstein
     Franken
     Gillibrand
     Grassley
     Hagan
     Harkin
     Hatch
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kirk
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Lee
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Paul
     Portman
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--7

     Blunt
     DeMint
     Graham
     Kerry
     Mikulski
     Pryor
     Udall (NM)
  The nomination was confirmed.
  The PRESIDING OFFICER (Mr. Manchin). Under the previous order, the 
motion to reconsider is considered made and laid upon the table.

                          ____________________