[Congressional Record Volume 157, Number 53 (Tuesday, April 12, 2011)]
[Senate]
[Pages S2371-S2374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF JOHN A. KRONSTADT TO BE UNITED STATES DISTRICT JUDGE
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to executive session to consider the following
nominations.
The clerk will report.
The legislative clerk read the nominations of Vincent L. Briccetti,
of New York, to be U.S. District Judge for the Southern District of New
York, and John A. Kronstadt, of California, to be United States
District Judge for the Central District of California.
The ACTING PRESIDENT pro tempore. There will now be 1 hour of debate
equally divided between the two sides.
The Senator from Illinois.
Mr. KIRK. Madam President, I ask unanimous consent that I be allowed
to speak out of turn as in morning business.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
(The remarks of Mr. Kirk are printed in today's Record under
``Morning Business.'')
Mr. KIRK. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GRASSLEY. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER (Mr. Tester). Without objection, it is so
ordered.
Mr. GRASSLEY. Mr. President, the Senate will confirm two more of the
President's judicial nominees. Both of these nominees are for seats
termed ``judicial emergencies.'' My Republican colleagues and I
continue to demonstrate our cooperation. We have worked with the
Democratic majority in moving consensus nominees through the committee
and on to the Senate floor. With today's votes, we will have confirmed
17 judicial nominees in just 39 short days the Senate has been in
session this Congress. Twelve of these confirmations were for those
positions that are termed ``judicial emergencies.''
We have reported out of committee a total of 32 judicial nominees.
That is 51 percent of the total nominees who have been submitted to the
Senate by the President of the United States. To date we have held five
nomination hearings with 21 judicial and executive nominees giving
their testimony. We have another hearing scheduled for tomorrow, with
four judicial nominees and one executive nominee on the agenda. With
this productive pace, we have taken positive action on 60 percent of
the judicial nominations sent to the committee this year by the
President.
Today the Senate will consider two nominations: First, Vincent
Briccetti, nominated to be U.S. District Judge for the Southern
District of New York. He received a B.A. from Columbia University and a
juris doctorate from Fordham University School of Law. The nominee
began his legal career as a law clerk for the Honorable John M.
Cannella, U.S. District Court for the Southern District New York.
After a short term in private practice, he served as an assistant
U.S. attorney. That was also for the Southern District of New York.
Later, he became a deputy chief appellate attorney. After working as an
associate attorney in a law firm, the nominee started his own firm in
1992 and, as I report to my colleagues regularly on the ABA standing
committee on the Federal judiciary, that committee has unanimously
rated this nominee ``well-qualified.''
The second nominee is John Kronstadt, nominated to be U.S. District
Judge, Central District of California. He received his B.A. from
Cornell University and juris doctorate from Yale Law School. He began
his legal career as law clerk to the Honorable William P. Gray, U.S.
District Court, Central District of California. This nominee practiced
law for nearly 24 years, most recently as a partner with Arnold &
Porter.
On November 14, 2002, Gov. Gray Davis appointed Judge Kronstadt to
the Los Angeles County Superior Court. There he presided over criminal,
civil, and family law matters. Again, reporting on the American Bar
Association rating of this nominee, the nominee had substantial
majority ``qualified,'' a minority, ``well qualified.''
I support these two nominees and urge my colleagues to support them
as well. I congratulate each of the nominees for their achievement and,
more importantly, for their long period of public service which will
continue after their confirmation by the Senate.
Mrs. BOXER. Mr. President, I wish to express my strong support for
California Superior Court Judge John A. Kronstadt, as the Senate
prepares to vote on his confirmation to the U.S. District Court for the
Central District of California. Judge Kronstadt was recommended to the
President by my colleague, Senator Feinstein, and will be a great
addition to the Federal bench.
Judge Kronstadt has had a distinguished career. After graduating from
Yale Law School, he served as a Federal law clerk for Judge Gray on the
Central District of California. With his
[[Page S2372]]
confirmation, Judge Kronstadt will be returning to the same court where
he served as a clerk. Following his clerkship, he was in private
practice, specializing in complex litigation, antitrust, copyright and
securities. Since 2002, Judge Kronstadt has served as a superior court
judge in Los Angeles.
I congratulate Judge Kronstadt and his family on this important day,
and urge my colleagues in the Senate to join in voting to confirm this
highly qualified nominee to the Federal bench.
Mrs. FEINSTEIN. Mr. President, I am very pleased that we are
considering the nomination of Judge John Kronstadt to the U.S. District
Court for the Central District of California here today.
I had the privilege of recommending Judge Kronstadt's nomination to
President Obama.
Since 2002, he has served as a judge on the California Superior Court
for Los Angeles County.
Judge Kronstadt first came to my attention through the Judicial
Advisory Committee that I have set up in California. This is a
bipartisan committee that reviews judicial candidates for me based on
their legal acumen, reputation for skill and professionalism, breadth
of personal experience, temperament, and overall commitment to
excellence in the field of law.
Judge Kronstadt stood out from among the candidates for the vacancy
on this court because he has all of these qualities in spades.
He has an outstanding academic record, with a bachelor of arts degree
from Cornell University and a law degree from Yale Law School.
He started his legal career on the very court to which he is now
nominated, serving as a law clerk to Judge William Gray of the U.S.
District Court for the Central District of California.
Judge Kronstadt also brings a distinguished background in private
practice. Prior to becoming a judge, he spent roughly two dozen years
as a litigator trying complex civil cases before Federal courts, State
courts, and administrative agencies.
He started as an associate and then became a partner at the law firm
of Arnold & Porter--first in Washington, DC, and then in Los Angeles.
Between years with that firm, he also spent 15 years managing his own
firm with three colleagues. That was the firm of Blanc, Williams,
Johnston, & Kronstadt.
On the Los Angeles County Superior Court, his docket consists
primarily of civil cases, ranging from employment litigation to
contract disputes to intellectual property and other commercial
matters. He has overseen some 250 trials, as well as countless pretrial
proceedings.
He has amassed a stellar in his almost 9 years on the court: only one
of his decisions has ever been reversed. Within the Los Angeles area,
Judge Kronstadt is regarded as one of the finest judges on the bench.
Fellow judges, litigants, and local lawyers describe him as
``incredibly smart,'' ``very fair,'' ``even-tempered,'' and a ``hard
worker'' who ``cares an incredible amount about the jury system.''
He has been a leader on the bench, serving on the court's executive
committee, and chairing its Community Outreach Committee, among other
positions.
Beyond his educational and professional qualifications, Judge
Kronstadt has also shown an impressive dedication to education and the
teaching of students throughout his career.
Since 2002, he has spent roughly 1,500 hours as a volunteer with the
Constitutional Rights Foundation, including serving as the foundation's
president.
This is a nonprofit, nonpartisan organization in Los Angeles that
seeks to ``educate young people to become active and responsible
participants in our society'' and to teach them about ``the importance
of civic participation in a democratic society.''
Judge Kronstadt developed a program for the Foundation known as
``Courtroom to Classroom.'' This program facilitates visits by judges
to eighth and eleventh grade public school classrooms throughout the
Los Angeles area.
Judges who volunteer provide copies of the Constitution to the
students and organize mock trial activities to allow them to experience
constitutional law and the courtroom at a young age.
And while in private practice, he developed a training program for
the Los Angeles County Bar Association that reached over 1,000 new
attorneys.
I am very pleased to support Judge Kronstadt's nomination. He has
shown a firm commitment to the rule of law, and a dedication to public
service in a variety of ways.
I believe he is eminently qualified to serve on the U.S. District
Court for the Central District of California. The Judiciary Committee
unanimously reported his nomination last month, and he is much-needed
on the central district bench--that court has been designated as a
judicial emergency district by the Administrative Office of the U.S.
Courts. I thank the leader for bringing his nomination to the floor,
and I urge my colleagues to support his nomination.
Mr. SCHUMER. Mr. President, I am proud to support Vincent L.
Briccetti, a superb lawyer who will be a brilliant and experienced
addition to the bench of the Southern District of New York.
Vince has reached the apex of his profession through sheer hard work
and raw intelligence. The son and grandson of Italian butchers, Vince
was born in Mt. Kisco, NY, and grew up working in the butcher shop
while he went to school, eventually graduating from Columbia University
and Fordham University School of Law. He spent many of his summers
working as a waiter.
After graduating from law school, he earned a prestigious clerkship
with Judge John M. Cannella in the Southern District of New York, and
then entered private practice for 2 years. Vince's dedication to the
rule of law had already begun, but his public service commenced when he
entered the U.S. attorney's office in the Southern District of New York
in 1985. For 4 years, he tried an impressive array of cases, including
a sweeping tax fraud case that earned him too many awards to list here
today. He then became the deputy chief of the Appellate Division of the
U.S. Attorneys' Office and defended the office's convictions and
practices on appeal.
Following a distinguished career at the prestigious law firm of Paul,
Hastings, Janofsky & Walker, he steered his practice back to White
Plains and established his own law firm there. For the last 17 years,
he has practiced as a criminal defense lawyer in State and Federal
court. He has tried approximately 50 cases to verdict or judgment. I
have heard from judges and practitioners alike that Vince is a lawyer
whose involvement invariably improves the outcome of any specific case
with which he is involved and who has in general been one of the Bar's
great assets. He has treated his duty as a lawyer to dedicate time to
pro bono work--through serving on the local Criminal Justice Act
panel--not as an obligation, but as a calling. To quote former Federal
district court Judge Stephen C. Robinson's letter to this committee:
On at least three separate occasions, when I had some doubt
as to whether a party before me was receiving adequate and
appropriate counsel, I asked Vince to take up the
representation. Vince always stood ready to respond to my
requests for assistance in the name of justice. I can tell
you that all of the judges in our courthouse held Vince in
the highest regard.
While he ran his own firm and represented clients, Vince also
continued to assist the government by serving as a special prosecutor
at the behest of the Westchester County District Attorney when he or
she was conflicted out of a prosecution. The current district attorney
in Westchester County has commended him as ``possessed of the highest
moral character and integrity.''
Everywhere you go in and around New York, you hear superlatives about
Vince Briccetti: That he is the very model of an ethical, fair,
dedicated lawyer; that while he is a terrific advocate, there is no one
you would rather see on the opposite side of a case to ensure a full
and fair hearing of the issues at stake; and that he is a dedicated
member of the New York community. It will be a tribute not just to
Vince but to the bench when we add ``thoughtful and brilliant federal
judge'' to the encomia. The time has come to confirm Vince for this
judiciary emergency vacancy that has been open for more than 18 months.
Mr. LEAHY. Mr. President, we continue to work to bring down the
number of judicial vacancies that have remained at historically
alarming levels
[[Page S2373]]
for the last 3 years. One in every nine Federal judgeships remains
vacant as judicial vacancies stand at 96.
I thank the majority leader for scheduling votes on two more judicial
emergency vacancies. Vincent Briccetti has been nominated to fill a
judgeship in the Southern District of New York and John Kronstadt to
fill a judgeship in the Central District of California. I believe they
both could be confirmed unanimously. They were reported by the
Judiciary Committee unanimously more than one month ago.
With cooperation from both sides of the aisle, the Senate could
consider many more of the 17 judicial nominees currently ready for
final action, and could do so before the Senate takes its Easter recess
at the end of this week. Doing so would fulfill our responsibility to
help address the vacancies crisis that puts at serious risk the ability
of Americans to get a fair and timely hearing for their cases in
Federal court.
All 17 of the judicial nominations pending on the Senate's Executive
Calendar were reported by a majority of the Judiciary Committee after
members had an opportunity to review thoroughly extensive materials
provided in response to our questionnaire, to question the nominees at
a hearing, and to send written follow-up questions to the nominees. All
of them are ready for final Senate action. With Federal judicial
vacancies continuing to hover around 100, we should act responsibly by
voting promptly on these nominations.
Two of the nominees currently awaiting a Senate vote have twice been
considered by the Judiciary Committee and twice reported with strong
bipartisan support, first last year and again in February. They are
Susan Carney of Connecticut to fill a judicial emergency vacancy on the
U.S. Court of Appeals for the Second Circuit, and Michael Simon to fill
an emergency vacancy on the district court in Oregon. Two of the
nominations have been reported favorably by the committee three times--
that of Goodwin Liu to fill a judicial emergency vacancy on the Ninth
Circuit and that of Jack McConnell, reported with bipartisan support to
fill a vacancy on the District of Rhode Island. Another currently
pending nomination has been reported favorably four times, that of
Judge Edward Chen to a judicial emergency vacancy on the Northern
District of California. All of these nominations have long been ready
for a Senate vote. So are nominations now pending to fill a judicial
vacancy on the DC Circuit, judicial emergency vacancies in Tennessee,
Florida and another in New York, two vacancies in Virginia, two
vacancies in New Jersey, another vacancy in New York, and a vacancy on
the district court for the Northern Mariana Islands.
It is actually a sign of progress that we are today proceeding to
confirm two judicial nominees reported last month. I hope that we can
work to restore regular order in considering judicial nominations and
that, at a minimum, the Senate will be allowed to proceed before the
recess to confirm those judicial nominations reported with bipartisan
support. All 17 of the pending nominees have a strong commitment to the
rule of law and a demonstrated faithfulness to the Constitution. All
should have an up or down vote after being considered by the Judiciary
Committee, and without weeks of needless delay.
If we join together we can make real progress by considering all of
the judicial nominations now on the Senate's Executive Calendar. If the
Senate were to take favorable action on the 17 judicial nominations
currently pending and awaiting final Senate consideration, we could
reduce vacancies to below 90. In fact, we would be able to reduce them
below 80 for the first time since July 2009.
Federal judicial vacancies around the country still number too many,
and they have persisted for too long. Whereas the Democratic majority
in the Senate reduced vacancies from 110 to 60 in President Bush's
first 2 years, judicial vacancies still number 96 more than 26 months
into President Obama's term. By now, judicial vacancies should have
been cut in half, but we have barely kept up with attrition.
Regrettably, the Senate has not reduced vacancies dramatically as we
did during the Bush administration. In fact, the Senate has reversed
course during the Obama administration, with the slow pace of
confirmations keeping judicial vacancies at crisis levels. Over the 8
years of the Bush administration, from 2001 to 2009, we reduced
judicial vacancies from 110 to a low of 34. That has now been reversed,
with vacancies staying above 90 since August 2009. The vacancy rate--
which was reduced from 10 percent at the end of President Clinton's
term, to 6 percent by this date in President Bush's third year, and
ultimately to less than 4 percent in 2008--has now swelled to nearly 11
percent.
The two nominations we consider today demonstrate that there is no
reason the Senate cannot consider and confirm the President's
nominations to the Federal bench in a timely manner. Both nominees show
President Obama's commitment to working with home State Senators to
identify superbly qualified nominees in districts with vacancies. I
thank Senators Feinstein, Boxer, Schumer and Gillibrand for working
with President Obama on these nominations and congratulate them along
with the nominees and their families.
Judge John Kronstadt has been nominated to fill a judicial emergency
vacancy in the Central District of California. He currently serves on
the Los Angeles County Superior Court and previously spent 24 years in
private practice. Judge Kronstadt earned his B.A. from Cornell
University and his J.D. from Yale Law School. The Judiciary Committee
reported his nomination unanimously on March 10.
Vincent Briccetti has been nominated to fill a judicial emergency
vacancy in the Southern District of New York. An attorney for the past
30 years, Mr. Briccetti has spent time in private practice and as a
Federal prosecutor. He was unanimously rated by the American Bar
Association's Standing Committee on the Federal Judiciary as well
qualified to serve on the district court. Mr. Briccetti earned his B.A.
from Columbia University and his J.D. from Fordham University School of
Law. The Judiciary Committee also reported his nomination unanimously
on March 10.
I have thanked the ranking Republican on the Judiciary Committee,
Senator Grassley, for his cooperation this year. I see him taking
credit for what he calls ``our rapid pace.'' I am glad to see him echo
my call to turn the page and end the days of tit for tat on judicial
nominations. That is what I did from the first days of the Bush
administration in spite of how President Clinton's nominees had been
treated.
We have a long way to go to do as well as we did during President
Bush's first term, when we confirmed 205 of his judicial nominations,
bringing the vacancy rate down from 10 percent to just over 4 percent.
We confirmed 100 of those judicial nominations during the 17 months I
was chairman during President Bush's first 2 years in office. So far,
well into President Obama's third year in office, the Senate has only
been allowed to consider 77 of President Obama's Federal circuit and
district court nominees. We remain well short of the benchmarks we set
during the Bush administration.
The Senate must do better. We must work together to ensure that the
Federal judiciary has the judges it needs to provide justice to
Americans in courts throughout the country. Judicial vacancies on
courts throughout the country hinder the Federal judiciary's ability to
fulfill its constitutional role. They create a backlog of cases that
prevents people from having their day in court. This is
unacceptable.That is why Chief Justice Roberts, Attorney General
Holder, White House Counsel Bob Bauer and many others--including the
President of the United States--have spoken out and urged the Senate to
act. I hope that we will follow their advice and make progress to
ensure that the Federal courts are able to function for all Americans.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CORNYN. 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. CORNYN. Mr. President, I yield back time on both sides.
[[Page S2374]]
The PRESIDING OFFICER. Without objection, it is so ordered.
The nomination of Vincent L. Briccetti, of New York, to be United
States District Judge for the Southern District of New York, is
confirmed.
The question is, Will the Senate advise and consent to the nomination
of John A. Kronstadt, of California, to be United States District Judge
for the Central District of California?
Mr. CORNYN. Mr. President, 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 editor of the Daily Digest called the roll.
Mr. KYL. The following Senators are necessarily absent: the Senator
from North Carolina (Mr. Burr), the Senator from South Carolina (Mr.
Graham), the Senator from Louisiana (Mr. Vitter), and the Senator from
Mississippi (Mr. Wicker).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 96, nays 0, as follows:
[Rollcall Vote No. 58 Ex.]
YEAS--96
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boozman
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Durbin
Ensign
Enzi
Feinstein
Franken
Gillibrand
Grassley
Hagan
Harkin
Hatch
Hoeven
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Kirk
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Lee
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Paul
Portman
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Rubio
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NOT VOTING--4
Burr
Graham
Vitter
Wicker
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table. The President
will be immediately notified of the Senate's action.
____________________