[Congressional Record Volume 158, Number 58 (Monday, April 23, 2012)]
[Senate]
[Pages S2585-S2587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF BRIAN C. WIMES TO BE UNITED STATES DISTRICT JUDGE FOR THE 
               EASTERN AND WESTERN DISTRICTS OF MISSOURI

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nomination which 
the clerk will report.
  The legislative clerk read the nomination of Brian C. Wimes, of 
Missouri, to be United States District Judge for the Eastern and 
Western Districts of Missouri.
  The PRESIDING OFFICER. Under the previous order, there will be 30 
minutes of debate, equally divided and controlled in the usual form.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I see the distinguished Senator from 
Missouri on the floor, Mr. Blunt. I know he has a Republican leadership 
meeting he needs to get to. I yield such time as he needs on the 
Republican reserved time, with the understanding that when he finishes, 
it will go back to me.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Missouri.
  Mr. BLUNT. Mr. President, I thank my good friend for yielding and for 
taking consideration of my schedule.
  I rise to support Judge Brian Wimes as the nominee for the Eastern 
and Western Districts of Missouri. He spent his entire career working 
in the public sector. He has been involved in many groups and 
organizations dedicated to serving disadvantaged individuals.
  He was born in Kansas City, MO. He earned his bachelor's degree in 
political science from the University of Kansas. We don't hold that 
against him. He got his law degree from the Thurgood Marshall School of 
Law at Texas Southern University in 1994.
  When he graduated, he became the attorney advisor for the litigation 
branch of the Federal Bureau of Prisons at the Department of Justice 
here in Washington. Judge Wimes represented the Bureau in civil actions 
by inmates throughout the country.
  In 1995, he left the Bureau and became an assistant prosecuting 
attorney for the Jackson County prosecutor's office in Kansas City.
  Beginning in 2001, Judge Wimes served as the Jackson County drug 
court commissioner for more than 5 years. The drug courts in our State, 
and in other places, have served a good and integral role in combating 
drug abuse. The drug court is a program that offers nonviolent first-
time offenders a chance to participate in an outpatient-based treatment 
program rather than to face prosecution. More than 1,200 people have 
graduated from the Jackson County drug court. More than 96 percent of 
those people were conviction free 5 years after their graduation.
  As a prosecutor, Judge Wimes received national honors, including 
being named Rookie Prosecutor of the Year during his first year in the 
Jackson County prosecutor's office.
  In 2002, he was honored as a member of Ingram magazine's 40 under 
Forty. In 2009, the Call Newspaper recognized him as one of the 25 most 
influential African Americans in Kansas City.
  He has been deeply involved in Big Brothers and Big Sisters and Hope 
House Domestic Violence Shelter. He is a member of St. Monica's 
Catholic Church.
  In 2007, Judge Wimes was appointed by my son Governor Matt Blunt to 
serve on the 16th Judicial Circuit Court of Jackson County, MO. If Matt 
Blunt made any mistakes as Governor, this was not one of them. Judge 
Wimes has continued not only to serve on the court but to serve on 
boards in Kansas City for the Kansas City Youth Court, which is 
affiliated with the UMKC School of Law as well as the Criminal Justice 
Advisory Board of the Penn Valley Community College in Kansas City, the 
Mental Health Association of the Heartland.
  I believe his experience makes him a highly qualified judicial 
nominee, and he will serve the American people well in this job. I am 
supportive of him.
  Mr. President, I have a statement on another matter that I also 
mentioned to my friend from Vermont that I will make while I am here, 
and I ask that it appear separately in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Blunt are printed in today's Record under 
``Morning Business.'')
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, regaining my time on this side, I 
appreciate the Senator from Missouri speaking about Brian Wimes. Today, 
the Senate will finally vote on the nomination of Brian Wimes to fill a 
judicial vacancy in the U.S. District Court for the Western and Eastern 
Districts of Missouri. This nomination has had the support of both his 
home state Senators, Senator McCaskill and Senator Blunt. The Judiciary 
Committee voted to report the nomination favorably over four months 
ago. There is no justification for this unnecessary delay.
  The Senate is still so far this year only considering judicial 
nominations that could and should have been confirmed last year. We 
will conclude the first four months of this year having only considered 
judicial nominees who should have been confirmed before recessing last 
December. We have yet to get to any of the nominees we should be 
considering this year because of Republican objections to proceeding 
more promptly.
  With nearly one in 10 judgeships across the Nation vacant, the 
judicial vacancy rate remains nearly twice what it was at this point in 
the first term of President George W. Bush when we lowered vacancy 
rates more than twice as quickly. The Senate is 33 confirmations of 
circuit and district court judges behind the number at this point in 
President Bush's fourth year in office. We are also 66 confirmations 
from the total of 205 that we reached by the end of President Bush's 
fourth year.
  As I noted earlier this month, the Federal judiciary has been forced 
to operate with the heavy burden of 80 or more judicial vacancies for 
nearly three years now. There are 22 judicial nominees on the Senate 
Executive Calendar ready for final consideration and a vote, not just 
this one. Action on those 22 nominees would go a long way toward easing 
the burden on the Federal courts and ensuring that all Americans have 
Federal judges available so that they can have the quality of justice 
that they deserve.
  Some Senate Republicans seek to divert attention by suggesting that 
these longstanding vacancies are the President's fault for not sending 
us nominees. The fact is that there are 22 outstanding judicial 
nominees that can be confirmed right now, but who are being stalled. 
Let us act on them. Let us vote them up or down. When my grandchildren 
say they want more food before they finish what is on their plate, my 
answer is to urge them to finish the food already on their plate before 
asking for seconds or dessert. To those Republicans that contend it is 
the White House's fault that they are not agreeing to proceed to 
consider the judicial nominees we do have more quickly, I say let us 
complete Senate action on these 22 judicial nominees ready for final 
action. There are more working their way through Committee, and the 
Senate can act responsibly to help fill some of the most pressing 
vacancies plaguing some of our busiest courts if we proceed to these 
nominations now.
  For instance, the Ninth Circuit is by far the busiest circuit in the 
country. The Senate has yet to vote on the long-delayed nomination of 
Judge Jacqueline Nguyen of California to fill one of the judicial 
emergency vacancies plaguing the Ninth Circuit. Hers was one of the 
nominations ready to be confirmed last year that will be delayed five 
months before her confirmation to fill that judicial emergency vacancy. 
Republicans have insisted that her vote be delayed until next month. 
There are two additional Ninth Circuit nominees to fill judicial 
emergency vacancies who are ready for final votes but for which Senate 
Republicans have not agreed to schedule votes. Paul Watford of 
California and Justice Andrew Hurwitz of Arizona were both voted 
favorably from the Senate Judiciary Committee earlier this year.

[[Page S2586]]

There is no good reason for delay. The 61 million people served by the 
Ninth Circuit are not served by this delay. The Circuit is being forced 
to handle double the caseload of any other without its full complement 
of judges. The Senate should be expediting consideration of the 
nominations of Judge Jacqueline Nguyen, Paul Watford, and Justice 
Andrew Hurwitz, not delaying them.
  The Chief Judge of the Ninth Circuit, Judge Alex Kozinski, a Reagan 
appointee, along with the members of the Judicial Council of the Ninth 
Circuit, have written to the Senate emphasizing the Ninth Circuit's 
``desperate need for judges,'' urging the Senate to ``act on judicial 
nominees without delay,'' and concluding ``we fear that the public will 
suffer unless our vacancies are filled very promptly.'' The judicial 
emergency vacancies on the Ninth Circuit are harming litigants by 
creating unnecessary and costly delays. The Administrative Office of 
U.S. Courts reports that it takes nearly five months longer for the 
Ninth Circuit to issue an opinion after an appeal is filed, compared to 
all other circuits. The Ninth Circuit's backlog of pending cases far 
exceeds other Federal courts. As of September 2011, the Ninth Circuit 
had 14,041 cases pending before it, more than three times that of the 
next busiest circuit.
  If caseloads were really a concern of Republican Senators, as they 
contended last year when they filibustered the nomination of Caitlin 
Halligan to the D.C. Circuit, they would not be delaying the 
nominations to fill judicial emergency vacancies in the Ninth Circuit. 
If caseloads were really a concern, Senate Republicans would consent to 
move forward with all three of these Ninth Circuit nominees to allow 
for up or down votes by the Senate without these months of unnecessary 
delays.
  Delay is harmful for everyone, but mostly to the American public. 
Right now, 150 million Americans live in districts and circuits with 
vacancies that could be filled if Senate Republicans would simply vote 
on the 22 judicial nominations ready for final Senate action.
  I also note that of the current vacancies without a nomination, 28 
involve Republican home state Senators. This is a President who has 
tried to work with home state Senators from both parties on his 
nominations. There are also an additional seven nominations on which 
the Senate Judiciary Committee cannot proceed because Republican 
Senators are withholding support.
  I congratulate Senator McCaskill for her success in getting this vote 
on the nomination of Judge Wimes. He is currently a judge on the 16th 
Judicial Circuit Court of Missouri. He previously served as the Jackson 
County Drug Court Commissioner and as an assistant prosecuting attorney 
in the Jackson County Prosecutor's Office. Judge Wimes has the strong 
support of Senator Claire McCaskill and is also supported by Senator 
Blunt. He and his family have been waiting for this day since the 
Judiciary Committee in an overwhelming, bipartisan manner voted to send 
his name to the Senate on December 15th of last year.
  Today's vote is pursuant to the agreement reached by the Majority 
Leader and the Republican leader last month. To make real progress, 
however, the Senate needs go beyond the nominations included in that 
limited agreement to include the other 16 judicial nominations 
currently before the Senate for a final vote and the three judicial 
nominees who should be reported by the Judiciary Committee this week. 
Let us work in a bipartisan fashion to confirm these qualified judicial 
nominees so that we can help alleviate the judicial vacancy crisis and 
so they can serve the American people.
  Mr. GRASSLEY. Mr. President, this afternoon we are considering the 
nomination of Brian C. Wimes, of Missouri, to be United States District 
Judge for the Eastern and Western Districts of Missouri. Again, we are 
moving forward under the regular order and procedures of the Senate. 
With today's nomination we will have confirmed 78 judicial nominees 
during this Congress. With the confirmations today, the Senate will 
have confirmed more than 75 percent of President Obama's judicial 
nominations. I would note that in 3 years of President Obama's term, we 
will have confirmed four nominees as a District Judge in Missouri. This 
is the same number President Bush had confirmed in his 8 years.
  Judge Wimes is a 1990 graduate of the University of Kansas. He 
received his law degree in 1994 from Thurgood Marshall School of Law, 
Texas Southern University. Upon graduation from law school, Judge Wimes 
became an attorney advisor in the litigation branch of Federal Bureau 
of Prisons in Washington, DC. He represented the Bureau in civil 
actions by inmates throughout the country. In 1995, the nominee left 
the Bureau and became an assistant prosecuting attorney for the Jackson 
County Prosecutor's Office in Kansas City, MO until 2001. During his 
time there, he served as coordinator for the drug abatement response 
team; was the East Patrol community prosecutor, acting as office 
liaison to the community; and, in 1999, became the senior trial 
attorney for the drug unit. In this position he prosecuted cases 
involving major crimes with an emphasis on drug-related homicides.
  In 2001, Judge Wimes became the drug court commissioner for the court 
for Jackson County, MO. He was appointed for two, 4-year terms. He 
presided over 400 assigned cases to drug court, with a caseload of 120 
to 150 docketed cases per week.
  After serving as the drug court commissioner for Jackson, Judge Wimes 
was appointed by then-Governor Matt Blunt to serve as the circuit court 
judge for the 16th Judicial District, Jackson County, MO. He was 
appointed in 2007, and retained in the 2008 election cycle.
  As a circuit court judge, Judge Wimes has presided over approximately 
29 criminal trials and 25 civil trials that have gone to judgment. From 
2008 to 2009, Judge Wimes was assigned to the family court division and 
heard over 500 domestic cases to judgment as well.
  A substantial majority of the ABA Standing Committee on the Federal 
Judiciary gave him a unanimous rating of qualified.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk 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, have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. LEAHY. Mr. President, I ask for the yeas and nays on the 
nomination.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Brian C. Wimes, of Missouri, to be United States District Judge for 
the Eastern and Western Districts of Missouri?
  The clerk will call the roll.
  The assistant 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.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint), the Senator from Illinois (Mr. Kirk), 
the Senator from Arizona (Mr. McCain), the Senator from Pennsylvania 
(Mr. Toomey), and the Senator from Louisiana (Mr. Vitter).
  Further, if present and voting, the Senator from South Carolina (Mr. 
DeMint) would have voted ``nay.''
  The PRESIDING OFFICER (Mrs. Hagan). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 92, nays 1, as follows:

                       [Rollcall Vote No. 67 Ex.]

                                YEAS--92

     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
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan

[[Page S2587]]


     Harkin
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     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
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--1

       
     Lee
       

                             NOT VOTING--7

     Casey
     DeMint
     Inouye
     Kirk
     McCain
     Toomey
     Vitter
       
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.

                          ____________________