[Congressional Record Volume 157, Number 85 (Tuesday, June 14, 2011)]
[Senate]
[Pages S3749-S3752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF CLAIRE C. CECCHI TO BE UNITED STATES DISTRICT JUDGE FOR 
                       THE DISTRICT OF NEW JERSEY

                                 ______
                                 

 NOMINATION OF ESTHER SALAS TO BE UNITED STATES DISTRICT JUDGE FOR THE 
                         DISTRICT OF NEW JERSEY

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations 
which the clerk will report.
  The assistant legislative clerk read the nominations of Claire C. 
Cecchi, of New Jersey, to be United States District Judge for the 
District of New Jersey, and Esther Salas, of New Jersey, to be United 
States District Judge for the District of New Jersey.
  The PRESIDING OFFICER. Under the previous order, there will be 1 hour 
for debate equally divided and controlled between the two leaders or 
their designees.
  The Senator from New Jersey.
  Mr. LAUTENBERG. Mr. President, today is a distinct honor for me to 
have the opportunity to fulfill the constitutional commitment that each 
of us has to assure the public at large that justice is being 
administered as it should be. We fulfill this commitment by making sure 
vacancies on the Federal bench are filled with individuals who have the 
proper experience and will provide the kind of fairness and balance in 
decisionmaking that confirms America's basic tenets.
  Mr. President, during a 2-year hiatus that I took from the Senate, I 
was honored with the naming of a Federal courthouse in Newark after me, 
and I was so pleased to have that association with the justice 
administered in our society. Before the building was dedicated, I asked 
that an inscription that I authored be placed on the wall. It reads 
exactly as I labored to write it. It says:

       The true measure of a democracy is the dispensation of 
     justice.

  As a matter of fact, when I shared that moment with my dear departed 
colleague, Senator Ted Kennedy, who questioned whether I wrote it 
because he knew I wasn't a lawyer, we joked about it, and I confirmed 
it. That is the way I saw things.
  The sentiment behind that quote underscores how seriously I take my 
role in recommending New Jersey District Court nominees to President 
Obama. That is why I am so proud to come to the floor today and urge my 
colleagues to confirm President Obama's nomination of Judge Claire 
Cecchi and Judge Esther Salas to the U.S. District Court for New 
Jersey. Both are well qualified for the court, having devoted their 
careers to upholding the rule of law.
  Throughout her career, Judge Cecchi has demonstrated her ability to 
navigate complicated legal matters and manage complex cases. During the 
confirmation process, she showed her temperament and diligence, she let 
us know something of her candor, and displayed the kind of character 
that she brings to the bench.
  For the past 5 years, Judge Cecchi has served as a U.S. magistrate 
judge in the District of New Jersey, where she has presided over 
hundreds of civil and criminal cases.
  Before joining the bench, Judge Cecchi spent 14 years in private 
practice, focusing on complex civil litigation. One of her passions is 
to encourage young people to pursue a career in the law. She has hosted 
Bring Your Child to Work Day programs in the district court, as well as 
a mock trial for

[[Page S3750]]

a local sixth grade class, to let young people have some understanding 
of what goes into making sure justice is fairly served in the Federal 
courts.
  Judge Cecchi's community spirit is pronounced in her activities. She 
has volunteered for the Junior League, Orphans with AIDS, the Human 
Needs Food Pantry, and the Salvation Army, to name just a few.
  She graduated from Fordham University Law School, and cum laude from 
Barnard College at Columbia University. Before being appointed to the 
bench, she was a partner at two New Jersey law firms, and she was an 
assistant corporation counsel for the City of New York.
  Like Judge Cecchi, Judge Salas has earned the respect and admiration 
of New Jersey's legal community--first as an accomplished litigator 
and, for the past 5 years, as a U.S. magistrate judge. She was the 
first Latina in New Jersey to serve as a magistrate judge.
  In a newspaper profile a few years ago, Judge Salas recalled how, 
when she was 10 years old, her family lost everything in a fire in the 
apartment building where they lived. The judge's mother said to her:

       Things are going to be fine. We've gotten this far, and we 
     are going to make it.

  What determination that showed. I like to tell this story because I 
believe it demonstrates how Judge Salas's experiences have shaped her 
life and her career. She has known hardship, but she has also known 
great success as a member of New Jersey's legal community.
  Before Judge Salas became a magistrate judge, she served 9 years as 
an assistant Federal public defender in Newark, representing indigent 
clients in a variety of cases. In addition, Judge Salas has worked in 
private practice, handling appellate work for a New Jersey law firm. 
She is a graduate of the Rutgers University School of Law, and she 
clerked for New Jersey Superior Court Judge Eugene Codey.
  Additionally, Judge Salas has served as the president of the Hispanic 
Bar Association of New Jersey, an organization to which she has devoted 
countless volunteer hours throughout her career.
  As I shared with the Judiciary Committee when I introduced Judge 
Cecchi and Judge Salas in March, I am not a lawyer, but I have a deep 
and abiding respect for the law. I was pleased to recommend Judge 
Claire Cecchi and Judge Esther Salas because both are unquestionably 
qualified to serve on the district court, and they will bring honor to 
the people of New Jersey and our country.
  I am confident that my colleagues in the Senate will agree and vote 
overwhelmingly to confirm their nominations.
  With that, 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. LAUTENBERG. 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. LAUTENBERG. Mr. President, I ask unanimous consent that the time 
during the quorum call be equally divided, and I suggest the absence of 
a quorum.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. MENENDEZ. 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. MENENDEZ. Mr. President, I rise to urge my colleagues to vote for 
the confirmation of two of New Jersey's most outstanding judicial 
professionals to fill two vacancies for United States District Court 
judges for the District of New Jersey. I understand that vote will be 
taking place around noon. Both of these very qualified women are now 
U.S. magistrate judges.
  Judge Claire Cecchi and Judge Esther Salas are among the most 
respected leaders in New Jersey's judicial community. Both have 
demonstrated skill and professionalism on the bench and an impressive 
ability to manage the heavy and complex dockets before them.
  Judge Cecchi has a broad range of litigation experience, having 
worked in the private sector for over 14 years. After serving in the 
Office of Corporation Counsel for the City of New York, she practiced 
with Robinson, St. John & Wayne, and later with Robinson, Lapidus, and 
Livelli, both large and well-respected New Jersey firms.
  She has been no stranger to complex litigation for both defendants 
and plaintiffs. In the course of her distinguished career, she has 
focused on a range of challenging issues--from security litigation and 
complex tort matters to employment law, criminal cases, construction 
cases, and contracts. In handling a case involving a suit by the 
Securities and Exchange Commission--a prominent case against two 
companies in Federal Court in the Southern District of New York--Judge 
Cecchi demonstrated outstanding legal skills. She was singled out by 
many in the legal profession in New Jersey for her depth and range of 
knowledge on the subject and for her conduct of the case.
  Judge Cecchi later went to the firm of Carpenter, Bennet & Morrisey, 
the second oldest law firm in New Jersey, where she worked for almost a 
decade developing a range of experience in environmental and toxic tort 
cases, class actions, patent cases, and employment law.
  She is a graduate of Fordham University and Barnard College at 
Columbia University, and began her career clerking for the Honorable 
Kevin Thomas Duffy of the Southern District of New York.
  As a U.S. magistrate judge, she has shown a unique set of judicial 
skills that makes her an exceptional choice for the position of United 
States District Court Judge for the District of New Jersey, and I urge 
my colleagues to vote to confirm her nomination.
  Magistrate Judge Esther Salas has been an exceptional public servant. 
In 2006, she became the first Hispanic to serve as a U.S. magistrate 
judge for the District of New Jersey. In her handling of a docket of 
well over 400 cases, she has earned the respect of many in the legal 
community who have said she is the finest judge they have worked with 
in many years of practice.
  In a 10-year environmental dispute involving 350 attorneys, she 
managed the resulting avalanche of motions and countermotions involving 
Federal and State claims for more than $300 million in cleanup costs 
and damages. Her handling of the case prompted several lawyers not only 
to credit her with being the principal moving force in bringing the 
parties to agreement but recommending her to the Judiciary Committee 
with their unqualified support.
  Prior to serving as a U.S. magistrate judge, Judge Salas worked for 
almost 10 years in the Federal Public Defenders Office, where she 
zealously provided her clients with her best legal advice and a skilled 
defense in what were often difficult and complex cases.
  Judge Salas clerked with distinction for Superior Court Judge Eugene 
Codey, and--a proud New Jerseyan--she earned her degrees from Rutgers 
University and Rutgers University Law School.
  She is a respected member of the New Jersey State Bar, a past 
president of the Hispanic bar of New Jersey, and an extraordinary 
jurist.
  These two extraordinary nominees--two of New Jersey's most respected 
legal professionals--both deserve confirmation by the full Senate as 
U.S. District Court Judges for the District of New Jersey. I urge my 
colleagues to confirm their nominations and give New Jersey two 
respected and distinguished District Court judges who have earned the 
confidence of the legal community in my State, the recommendation of 
the Judiciary Committee and, in my view, deserve a unanimous vote in 
the full Senate.
  Mr. President, with that, I yield the floor, and I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. WHITEHOUSE. 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, the Senate last confirmed a judicial 
nominee on May 17, almost 1 month ago. This is despite the fact that 
almost a score of

[[Page S3751]]

qualified nominees have been awaiting final consideration since that 
date. Last month, the Senate recessed for Memorial Day with 19 judicial 
nominees pending on the Senate's Executive Calendar. Of those, 16 are 
by anyone's definition consensus nominees. All 16 were unanimously 
approved by every Republican and every Democratic Senator on the 
Judiciary Committee after thorough review. They are all supported by 
their home State Senators, Republicans and Democrats. These are the 
kind of nominees who in past years would be confirmed within days of 
being reported to the Senate and without the extended delays that now 
burden every nomination.
  With judicial vacancies continuing at crisis levels, affecting the 
ability of courts to provide justice to Americans around the country, I 
have been urging the Senate to vote on the judicial nominations 
reported favorably by the Judiciary Committee and pending on the 
Senate's Executive Calendar. My efforts have not yielded much success 
or sense of urgency. Nor have the statements by the Chief Justice of 
the United States, the Attorney General of the United States, the White 
House counsel, the Federal Bar Association and a number of Federal 
judges across the country.
  Those who delay or prevent the filling of these vacancies must 
understand that they are delaying and preventing the administration of 
justice. We can pass all the bills we want to protect American 
taxpayers from fraud and other crimes, but you cannot lock up criminals 
or recover ill-gotten gains if you do not have judges. The mounting 
backlogs of civil and criminal cases are growing larger.
  We should have regular votes on President Obama's highly qualified 
nominees, instead of more delays. With vacancies still totaling more 
than 90 on Federal courts throughout the country, and with nearly two 
dozen future vacancies on the horizon, there is no time to delay 
consideration of these nominations. Had we taken positive action on the 
consensus nominees, vacancies would have been reduced to below 80 for 
the first time since the beginning of President Obama's administration.
  All of the nominations reported by the Judiciary Committee and 
pending on the Senate's Executive Calendar have been through the 
committee's fair and thorough process. We review extensive background 
material on each nominee. All Senators on the committee, Democratic and 
Republican, have the opportunity to ask the nominees questions at a 
live hearing. Senators also have the opportunity to ask questions in 
writing following the hearing and to meet with the nominees. All of 
these nominees which the committee reported to the Senate have a strong 
commitment to the rule of law and a demonstrated faithfulness to the 
Constitution. All have the support of their home state Senators, both 
Republican and Democratic. They should not be delayed for weeks and 
months needlessly after being so thoroughly and fairly considered by 
the Judiciary Committee.
  Today, the Senate is being allowed to vote on two more of President 
Obama's outstanding judicial nominees, Esther Salas and Claire Cecchi--
both currently Federal magistrate judges for the U.S. District Court 
for the District of New Jersey, the court to which they are nominated. 
Judge Salas previously served as a Federal public defender and in 
private practice. She is a graduate of Rutgers University and Rutgers 
University School of Law. Judge Cecchi previously worked in private 
practice and for the city of New York. She graduated from Barnard 
College of Columbia University and Fordham University School of Law. 
Judge Salas and Judge Cecchi both have the strong support of their home 
state Senators, Senator Lautenberg and Senator Menendez.
  After today's votes on the two New Jersey nominees, there will remain 
more than a dozen other judicial nominations that were reported 
unanimously and that are being stalled for no good reason and without 
justification. They include several nominees to fill judicial emergency 
vacancies, including Paul Engelmayer and William Kuntz of New York, 
Richard Brooke Jackson of Colorado, Kathleen Williams of Florida, and 
Nelva Gonzales Ramos of Texas, as well as Henry Floyd of South Carolina 
to the Fourth Circuit.
  Other nominations reported unanimously and without any opposition are 
Paul Oetken of New York, Romana Manglona of the Mariana Islands, Sara 
Lynn Darrow of Illinois, John Andrew Ross of Missouri, Timothy M. Cain 
of South Carolina, Nanette Jolivette Brown of Louisiana and Nancy 
Torreson of Maine. Some have been needlessly stalled before the Senate 
for months. Those with home state Republican Senators in support 
include Bernice Donald of Tennessee to the Sixth Circuit, Henry Floyd 
of South Carolina to the Fourth Circuit, Sara Lynn Darrow of Illinois, 
Kathleen Williams of Florida, Nelva Gonzales Ramos of Texas, John 
Andrew Ross of Missouri, Timothy Cain of South Carolina, Nannette 
Jolivette Brown of Louisiana, and Nancy Torresen of Maine. In spite of 
all this, we continue to be unable to secure consent from the 
Republican leadership for the Senate to consider and vote on these 
nominations. They will all be confirmed if allowed to be considered.
  We could have made significant progress helping Americans seeking 
justice in our Federal courts before the Memorial Day recess. I hope 
Senators across the aisle can join together with us and work with the 
President to provide needed judicial resources before our Fourth of 
July recess.
  I congratulate both of the outstanding nominees we will confirm 
today, and their families on what I expect will be their unanimous 
confirmations today.
  Mr. GRASSLEY. Mr. President, today, the Senate will confirm two more 
of President Obama's judicial nominees. Both nominees are for seats in 
the District of New Jersey. With these confirmations today, the 
District of New Jersey will be fully staffed, with no vacancies.
  I have been working throughout this Congress to confirm consensus 
nominees. Yet we continue to hear complaints in the blogs and elsewhere 
on the lack of confirmations or on the slow pace of confirmations. I 
think the record demonstrates otherwise. We have taken positive action 
on more than 60 percent of President Obama's nominees in this Congress. 
We have reported out of committee more than half the nominees. Twenty-
six nominees will have been confirmed after today. Even with this pace, 
I remind my colleagues that we continue to carefully review the 
qualifications of all nominees. This is not a pro forma process. We 
expect quality nominations from the President, not just quantity.
  Today, the Senate will consider two nominations, both to be U.S. 
district judge for the District of New Jersey. Since 2006, both have 
been serving as a U.S. magistrate judge for the District of New Jersey. 
I congratulate these nominees.
  The first nominee is Claire Cecchi. Judge Cecchi received her 
bachelor's degree from Barnard College, Columbia University in 1986, 
and her juris doctorate from Fordham University School of Law in 1989.
  Upon graduation, Judge Cecchi worked for the Office of Corporation 
Counsel for the city of New York. In 1992 she became an associate with 
the firm of Robinson, St. John & Wayne and its successor firm, 
Robinson, Lapidus & Livelli. There she focused her work in general 
practice with an emphasis on securities litigation. In 1997 Judge 
Cecchi joined the firm of Carpenter, Bennett & Morrissey, where she 
handled general litigation, including products liability, employment, 
antitrust, and patent law cases. She became a partner in that firm in 
2001. In 2004 she joined the firm McElroy, Deutsch, Mulvaney & 
Carpetner, as of counsel. She was a partner in that firm in 2005 to 
2006. Judge Cecchi also served as a State-certified mediator for the 
New Jersey State courts system while in private practice. She was 
appointed a magistrate judge in 2006, where she presides over pretrial 
motions, mediations, and settlements.
  The American Bar Association has rated Judge Cecchi ``majority 
qualified, minority well qualified.''
  The second nominee, Esther Salas, received both her bachelor's and 
juris doctorate from Rutgers University in 1991 and 1994, respectively.
  Judge Salas began her legal career as a law clerk for Judge Eugene 
Cody of the Superior Court of New Jersey. After her clerkship, Judge 
Salas worked at the firm of Garces & Grabler, where she handled 
criminal

[[Page S3752]]

work and appellate matters. In 1997, she joined the Office of the 
Federal Public Defender as an assistant public defender, working for 
indigent criminals in Federal criminal matters. She was appointed as a 
U.S. magistrate judge for the District of New Jersey in 2006.
  The American Bar Association has rated Judge Salas unanimously ``well 
qualified.''
  I support these two nominees and congratulate them for their 
achievement and public service.
  Mr. WHITEHOUSE. I now yield back all time.
  The PRESIDING OFFICER. Without objection, all time is yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of Claire C. Cecchi, of New Jersey, to be United States District Judge 
for the District of New Jersey?
  Mr. WHITEHOUSE. 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 bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Pennsylvania (Mr. Casey) 
and the Senator from Hawaii (Mr. Inouye) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                       [Rollcall Vote No. 88 Ex.]

                                YEAS--98

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     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)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     Casey
     Inouye
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the next nomination.
  The legislative clerk read the nomination of Esther Salas, of New 
Jersey, to be United States District Judge for the District of New 
Jersey.
  The PRESIDING OFFICER. If there is no further debate, the question 
is, Will the Senate advise and consent to the nomination of Esther 
Salas, of New Jersey, to be United States District Judge for the 
District of New Jersey?
  The nomination was confirmed.
  The PRESIDING OFFICER. The President will be immediately notified of 
the Senate's action.

                          ____________________