[Congressional Record Volume 167, Number 218 (Friday, December 17, 2021)]
[Senate]
[Pages S9284-S9286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Judicial Nominations
Mr. PADILLA. Madam President, as we are now in December and the year
is winding down, I am reflecting on one of the first actions, one of
the first decisions I made when I joined the Senate back in January,
and that was a decision to establish a judicial evaluation commission
with folks back in California, professionals who would help me find,
vet, and recommend candidates to President Biden to serve on
California's Federal courts.
Usually when the general public thinks about Federal courts, they
tend to only think about the Supreme Court, but, as those who work in
this body know, the vast majority of Federal cases--indeed, more than
99 percent of all Federal cases--are decided at the district court or
circuit court level. So, as we go about our work to strengthen the
justice system in America, I think it is important that we give proper
attention and support to district and circuit courts.
Fast-forward to today and the items that we are working on literally
as we speak. Nominees to every level of the Federal judiciary by the
prior administration--let me put it mildly here. We are far from
diverse, far from representative of our Nation, and as a result, the
Federal courts and those who sit on the Federal bench do not reflect
the diverse, vibrant America that it serves. And I am not just talking
about gender. I am not just talking about race and ethnicity. For too
long, the bench of our Federal courts has been dominated by corporate
lawyers and former prosecutors.
Now, prosecutors and corporate lawyers do contribute valuable and
important expertise to the Federal judiciary. That is why I have
supported the nomination of some this year. But the judiciary also
needs the knowledge and perspective of legal professionals who have
taken different paths. I am talking about public defenders, who uphold
our constitutional commitment that every person deserves fair
representation and due process. I am talking about public interest
lawyers, who defend fundamental rights and the rule of law. I am
talking about consumer and voting rights lawyers, labor and immigration
lawyers, and local government lawyers, who serve diverse clients and
advocate for different interests and bring critical insights on how
working-class Americans interact with the law.
We need all these perspectives in order to rebalance our Federal
courts and hopefully in the process rebuild and reaffirm public
confidence in the fairness of their rulings. Our country is stronger
and fairer when every level of our government reflects the voices and
the experiences of all Americans--not just the privileged, not just the
powerful.
A Federal bench that includes more voices can better provide justice
for all. That is why, over the course of the past year, I have worked
with my commission that I established back in January--which, by the
way, is 70 percent attorneys of color and a majority women, and I am
proud to share that--along with Senator Feinstein and President Biden,
to find, to nominate, and to support a new generation of qualified,
outstanding, and professionally diverse Federal judges--a Federal bench
that is diverse in every sense of the word.
As a result of these efforts and pending confirmation votes that I
hope will soon occur, I am so proud that California's district court
bench will soon include Maame Frimpong, a proud daughter and wife of
immigrants from Ghana, who used her law degree to fight for consumers
and strengthen global democracy.
It will soon include Judge Jennifer Thurston, who earned her law
degree as a night student while raising a family and spent a decade
serving in county government.
It will soon include Judge Jinsook Ohta, an immigrant from South
Korea, who spent nearly 10 years of her career helping to prosecute
unfair business practices and to protect consumers from fraud.
It will soon include Judge Linda Lopez, who spent more than 10 years
as a public defender in San Diego.
It will soon include Judge Hernan Vera, the son of Argentine
immigrants, who spent a decade fighting for the disadvantaged and
leading the Nation's largest pro bono law firm.
In addition, the Ninth Circuit Court of Appeals now includes Judge
Lucy Koh, whom we recently confirmed, an expert litigator of
intellectual property cases and the first Korean-American woman to
serve on the Federal circuit court.
The Ninth Circuit will also soon include Justice Gabriel Sanchez, the
proud son of a single mother from Mexico, who has earned wide
recognition as a public servant and an appellate judge on California's
court of appeal.
It will soon include Judge Holly Thomas, the granddaughter of
sharecroppers, who has made a career of fighting for the civil rights
of all Americans.
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I celebrate each of these outstanding nominees, and I thank them for
their service to this country. I urge their swift confirmation.
Now, of course, we will still have a long way to go and much more
work to do, but these confirmations, colleagues, represent a big step
in the right direction.
I am proud of the work we have done so far to diversify the Federal
bench, and I am committed to keeping up the momentum that we have
started in that critical mission in 2022.
I yield the floor.
Mr. DURBIN. Madam President, the Senate will soon vote on 10 judicial
nominees--nine for district courts and one for the Ninth Circuit
appeals court--as we continue the critical work of restoring balance to
our Federal judiciary.
Before briefly speaking on their records, I want to offer a few broad
observations. I continue to be impressed by the experience,
qualifications, and professional diversity that we see among President
Biden's judicial nominees.
Looking at these 10 in particular: Nine currently serve as either
State court or Federal magistrate judges; three have worked for county
or State governments; two have previously served as Federal public
defenders; one has served as a Federal prosecutor, while another has
worked in various roles at the Justice Department; one has worked for a
leading civil rights organization; and several have worked in private
legal practice.
The judiciary is stronger when our judges come from an array of
professional backgrounds, including those that have been historically
underrepresented on the bench. Furthermore, all 10 of these nominees
are highly qualified, with broad experience and distinguished records.
Each of them has demonstrated their commitment to impartiality and
evenhandedness. And they will be ready upon confirmation to fully
dedicate themselves to the demands of the bench.
First is Judge Linda Lopez, nominated to the U.S. District Court for
the Southern District of California. For the past 3 years, Judge Lopez
has served as a magistrate judge in the Southern District of
California, where she has presided over seven bench trials. Prior to
her appointment, Judge Lopez spent 25 years as a criminal defense
attorney, first in private practice and then as a Federal public
defender for more than a decade. During this time, she appeared in
court frequently and tried 11 jury trials.
With such extensive trial experience, both on and off the bench, it
is no surprise that Judge Lopez received a unanimous rating of ``well
qualified'' from the American Bar Association. She has the strong
support not only of her home State Senators--Senators Feinstein and
Padilla--but also of top Federal prosecutors in the Southern District
of California, including the Deputy U.S. Attorney and Criminal Division
Chief.
We will also vote on Judge Jinsook Ohta's nomination to the Southern
District of California. Judge Ohta is currently a judge on the San
Diego Superior Court, where she handles family law cases involving
domestic violence, child custody, and child support--among many other
issues.
Prior to assuming the bench, Judge Ohta spent nearly a decade with
the consumer protection section of the California Attorney General's
Office. In this role, she handled major cases involving healthcare
fraud, illegal robocalls--and oversaw an investigation into Facebook's
violations of consumer privacy rights.
Judge Ohta has been rated ``well qualified'' by the ABA, and she has
the strong support of Senators Feinstein and Padilla, her home State
Senators.
Judge Ohta's family immigrated to the United States from South Korea
when she was young, and she grew up in New York City before attending
Yale University and New York University School of Law. If confirmed,
Judge Ohta would be the first Asian-American woman to serve on the U.S.
District Court for the Southern District of California. Judge Ohta's
wide-ranging legal experience makes her exceptionally well qualified to
be a district court judge.
Next is David Urias, nominated to the District of New Mexico. Mr.
Urias is a highly skilled litigator who is well versed in a number of
practice areas, including criminal law, civil rights law, election law,
and immigration. He also has experience representing a broad range of
clients, from families of victims of the 9/11 terrorist attacks, to
hedge fund managers, to plaintiffs from low-income backgrounds.
In addition to having the strong support of his home State Senators--
Senators Heinrich and Lujan--Mr. Urias has been rated unanimously
``well qualified'' by the ABA. Given Mr. Urias's broad expertise and
his experience representing a wide range of clients, he understands the
importance of ensuring that every voice is fairly heard in our Nation's
courts.
Next is Judge Maame Frimpong, nominated to the Central District of
California. Judge Frimpong currently serves as a Superior Court judge
in Los Angeles County. During her time on the Superior Court, she has
presided over approximately 30 jury trials and thousands of hearings in
misdemeanor and felony matters. In this role, Judge Frimpong has
demonstrated the acumen and temperament that is required of our
Nation's judges. And she is yet another example of both the
professional and demographic diversity that President Biden's nominees
are adding to our Federal courts.
The ABA has unanimously rated Judge Frimpong ``well qualified'' to
serve as a district court judge. Judge Frimpong has the strong support
of her home State Senators--Senators Feinstein and Padilla--and she has
my support as well.
We also will consider Judge Jane Beckering's nomination to the
Western District of Michigan. Judge Beckering has served as a judge on
the Michigan Court of Appeals since 2007. Prior to assuming the bench,
she spent 17 years as a litigator in private practice, where she
appeared regularly in both State and Federal courts and tried three
jury trials to verdict.
In reviewing her record, I am particularly impressed by Judge
Beckering's judicial approach. She has stated, ``My judicial philosophy
is that judges should take off their partisan hats when they sit on the
bench and treat all comers fairly and impartially . . . they should
make their rulings based on the rule of law, not on a political
agenda.''
That is exactly the perspective we should be looking for in nominees
to the Federal bench. Judge Beckering received a unanimous ``well
qualified'' rating from the ABA and has the strong support of her home
State Senators, Senators Stabenow and Peters.
Next is Judge Shalina Kumar for the Eastern District of Michigan.
Judge Kumar has served on the Sixth Judicial Circuit for Oakland
County, MI, since 2007. She is currently the chief judge on this
court--the second largest trial court in Michigan--and served in this
role on a temporary basis beginning in 2010, 8 years before her
official appointment. Over the past 14 years, she has presided over
more than 10,000 cases and approximately 100 jury or bench trials on
civil, criminal, and juvenile matters. Before joining the bench, Judge
Kumar was a skilled litigator.
Given her long and distinguished career as a State court judge and
her litigation experience, it is unsurprising that Judge Kumar received
a unanimous rating of ``well qualified'' from the American Bar
Association. She likewise has the strong support of Senators Stabenow
and Peters. Once confirmed, she will also be the first Federal judge of
South Asian descent to serve in Michigan.
We will also vote on Judge Jennifer Thurston's nomination to the
Eastern District of California. Since 2009, Judge Thurston has served
as a magistrate judge for the Eastern District of California. And last
year, she was elevated to the position of chief magistrate judge. She
has presided over at least 30 trials and 400 bench trials, and she has
issued hundreds of judgments involving a range of issues, including
civil rights, voting rights, employment discrimination, and criminal
cases.
Given Judge Thurston's experience as a long-time jurist, she will be
ready from day one to take on the challenges of the Eastern District of
California, which has one of the highest caseloads in the country.
Judge Thurston was rated unanimously ``well qualified'' by the American
Bar Association. And she has the strong support of her home State
Senators, Senators Feinstein and Padilla.
[[Page S9286]]
We will also be voting on Judge Kate Menendez's nomination to the
District of Minnesota. Judge Menendez has served the District of
Minnesota as a Federal magistrate judge since 2016. She was appointed
to that role by the district's sitting Federal judges, a reflection of
Judge Menendez's record, qualifications, and dedication to
impartiality.
Before assuming the bench, Judge Menendez served for nearly two
decades as a Federal public defender, gaining considerable trial and
appellate experience. Importantly, she has demonstrated that she
understands the difference between the role of an advocate and that of
a judge. She received a unanimous rating of ``well qualified'' from the
American Bar Association and has the strong support of Senators
Klobuchar and Smith.
We will also consider the nomination of Judge Mary Katherine Dimke
for the Eastern District of Washington. For nearly 6 years, Judge Dimke
has served as a U.S. magistrate judge in the Eastern District of
Washington, based in Yakima, WA. In this role, Judge Dimke has presided
over hundreds of matters, including approximately 400 civil cases that
have gone to verdict or judgment.
Prior to assuming the bench, Judge Dimke, a first-generation college
graduate, spent her legal career as a Federal prosecutor. During this
time, she prosecuted a wide range of crimes, with a particular focus on
fraud and complex financial crimes. The ABA has unanimously rated Judge
Dimke ``well qualified'' to serve as a district court judge, and she
has the strong support of her home State Senators, Senators Murray and
Cantwell.
Finally, we have Judge Gabriel Sanchez, nominated to a California
seat on the Ninth Circuit Court of Appeals. Judge Sanchez is an
experienced litigator and appellate jurist with a proven track record
of impartial, evenhanded decision-making.
He received his undergraduate and law degrees from Yale and a
master's degree from Cambridge University. After graduating, he clerked
for Judge Richard A. Paez on the Ninth Circuit. Judge Sanchez worked as
a civil litigator in private practice for 5 years before serving in the
California State government, where he advised then-Governor Jerry Brown
on litigation, legislation, appointments, and various policy measures,
including criminal justice reform.
For example, he helped California develop and implement a response to
a 2011 Supreme Court holding ordering the State to reduce its prison
population. He served admirably to ensure California met its
constitutional obligations while also prioritizing public safety. In
2018, Judge Sanchez was appointed to serve on the California Court of
Appeal, First Appellate District. The court has appellate jurisdiction
over virtually all final judgments and orders issued by 12 counties in
California.
During his time on the bench, Judge Sanchez has filed or joined in
nearly 500 opinions in cases almost evenly split between civil and
criminal matters. So his judicial experience has been broad and varied.
Judge Sanchez also has the strong support of his home State Senators--
Senators Feinstein and Padilla--and was rated unanimously ``well
qualified'' by the ABA. He is an exceptional nominee with impeccable
credentials, and his evenhanded approach to justice will serve him well
on the Ninth Circuit.
I urge all of my colleagues to support these outstanding judicial
nominees. Every one of them has been rated ``well qualified'' by the
American Bar Association. They will bring much-needed professional and
demographic diversity to the bench. They will be impartial and
evenhanded in the administration of justice. And they will always be
faithful to the rule of law.
nomination of mary katherine dimke
Mrs. MURRAY. Madam President, I urge my colleagues to confirm Judge
Kit Dimke for a district court vacancy in the Eastern District of
Washington.
To begin, I want to thank President Biden for nominating Judge Dimke
for this position at my strong recommendation. At the start of this
Congress, there were six Federal district court vacancies in Washington
State--six. More than half the Federal bench in Washington State was
empty. Those vacancies put a huge strain on our Federal courts, but
thanks to the quick work of this Senate with Judge Dimke's
confirmation, there will be just two, with another nominee voted out of
committee just yesterday.
We have confirmed more than 30 circuit and district judges to
lifetime appointments and I could not be prouder that, once we confirm
Judge Dimke, four of them will serve Washington State. In this
Congress, we have sent a clear message that the judicial system belongs
to the American people, and it should work for all of the American
people, not just the powerful and well-connected.
We are delivering on that commitment by appointing Federal judges who
reflect the diversity of our communities and who bring important
professional diversity that has been missing from our courts for too
long. Just this Congress, we have confirmed to the Federal bench in my
State Lauren King, a respected Tribal law expert and Washington State's
first Native American Federal judge; Tana Lin, a civil rights lawyer,
the first former public defender, and the first Asian-American Federal
judge in my home State; David Estudillo, the son of immigrants, a
respected State court judge, and a former immigration attorney. And
soon, I hope this Senate will vote to confirm Judge Kit Dimke.
Judge Dimke is currently a Federal magistrate judge for the Eastern
District of Washington. She knows the current judges and the lay of the
land well, having served in that role since 2016, and is a highly
respected judicial colleague. Given her current role, she has
meaningful experience in both criminal and civil Federal litigation.
Judge Dimke's entire career has been in public service; she
previously worked as an Assistant U.S. Attorney in both the Eastern and
Western Districts of Washington. A native of Washington State, she grew
up in rural Asotin County as the child of a cattle ranger and lumber
mill owner; she knows Eastern Washington. Judge Dimke attended the
Running Start program at Walla Walla Community College in high school
and went on to obtain her undergraduate degree from Pepperdine
University and law degree from Vanderbilt. She is someone with a proven
track record who is committed to improving access to the court and will
look for ways for the court to work equitably for all participants and
for each voice to be heard.
Judge Dimke has already demonstrated that commitment as a magistrate
judge, having worked to expand the court's mediation services, improved
and diversified the court's indigent defense services, and more quickly
resolved one of the top areas of litigation that the Eastern District
sees--Social Security disability appeals. She participates in the
court's Judicial Institute, volunteering to judge the court's civics
competitions for students. And she is actively engaged in the court's
external outreach regarding the crisis missing and murdered Native
American and Indigenous women, a significant and serious problem facing
Tribal communities in Washington State.
Bottom line, Judge Dimke is qualified to become a Federal district
court judge and will make an excellent addition to the Federal bench
from the Spokane Courthouse. I urge my colleagues to join me in voting
to confirm her today.