[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.
____________________