[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.
____________________