[Congressional Record Volume 169, Number 42 (Monday, March 6, 2023)]
[Senate]
[Pages S652-S653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  Nomination of Robert Stewart Ballou

  Mr. KAINE. Madam President, I rise today in support of Magistrate 
Judge Robert Ballou of Virginia, nominee to be U.S. district judge for 
the Western District of Virginia. In about 10 minutes, we will move 
into a cloture vote to advance his nomination, and I am proud to stand 
in support of this great jurist.
  Judge Ballou has deep and abiding ties to the Commonwealth. He was 
born in Roanoke, VA, just like my wife, and he graduated from the 
University of Virginia and then from UVA Law School.
  Other than a judicial clerkship for the late Judge Peter Beer on the 
U.S. District Court for the Eastern District of Louisiana, Judge Ballou 
has spent his entire 35-year legal career in Virginia. Following that 
clerkship, Judge Ballou worked in private practice in both Richmond and 
Roanoke from 1988 through 2011. He built a successful civil litigation 
practice, and he regularly appeared in State and Federal courts.
  Judge Ballou became a U.S. magistrate judge for the Western District 
of Virginia in 2011. Madam President is a lawyer and, I know, 
understands the role that magistrates play in the Federal court system. 
First, they usually have to go through a fairly rigorous application 
process where they are chosen by the sitting article 3 judges in the 
court to serve in the magistrate's role. And, second, once they are on, 
they have a wide variety of responsibilities in criminal procedure, in 
pretrial practice in civil cases, in mediations to try to help 
litigants find a path forward without the need for trials.
  Judge Ballou is extremely well-regarded for his 12-year service as a 
magistrate judge. And one of the things that being a magistrate gets 
you is it gets you the opportunity to be before so many litigants and 
practitioners in the court--in this case, the Western District of 
Virginia--that, when you are up for consideration for a judgeship, 
there are a whole lot of reviews out there about whether or not you 
have got the judicial temperament, the work ethic, the fairness to be a 
good article 3 judge.
  In over a decade as a magistrate, Judge Ballou has developed a 
sterling reputation on the bench. He is well-known. He is respected in 
the Western District of Virginia for running his courtroom in a fair 
and efficient manner while ensuring that all parties, even low-income 
people who might be unrepresented--often there are pro se cases before 
Federal courts--all parties are respected and heard.
  The American Bar Association unanimously granted to Judge Ballou its 
highest rating of ``Well Qualified'' for this nomination.
  Judge Ballou enjoys broad and deep support across the Virginia legal 
community. For example, former U.S. attorneys for the Western District 
of Virginia, who served under both Democratic and Republican 
administrations for the last 20 years, wrote that Judge Ballou ``enjoys 
the highest reputation in the legal community for his intelligence, 
thoughtfulness, and preparation. Judge Ballou has consistently 
displayed the temperament, character and work ethic necessary to make 
an outstanding judge.''
  The observation is echoed in the letters of support from civil and 
criminal attorneys practicing in the Western District of Virginia, 
representing a wide range of litigants.
  One other thing that I just want to say about Judge Ballou that 
impressed me: This is the second time that Senator Warner and I, 
following a process that we use where we pull together lawyers from the 
district to interview candidates--it is the second time we have 
recommended him to the White House for a nomination to be an article 3 
judge.
  The first time, the White House went a different direction. Sometimes 
that happens, and people say: OK, well, I am not interested anymore.
  I give credit to Judge Ballou that, after we recommended him--and you 
recommend multiple candidates, and not everybody gets it--he hung in 
there. That has been the case with some of the other nominees that 
Senator Warner and I have recommended. The ones that hang in there and 
who eventually get to the bench do a great job, and I am absolutely 
convinced that Judge Ballou, who received wide bipartisan support in 
the Judiciary Committee when he was up before the committee--I am 
absolutely confident he is going to do a great job in this position.
  I urge my colleagues to confirm him.
  With that, Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Madam President, I want to thank my friend--is it 43 
years?--Senator Kaine for his comments.
  I apologize to the Presiding Officer and folks up front that I didn't 
hear all his comments. So you may be hearing from me a bit of 
repetition of what Tim has already said, but I think, in terms of Judge 
Ballou, who Senator Kaine has already mentioned, a little bit of 
repetition might be appropriate.
  I also join with Senator Kaine in urging all my colleagues, in about 
8 minutes, to support President Biden's choice to serve as a U.S. 
District Court judge for the Western District of Virginia. He really 
is--Bob Ballou is a pillar of the Virginia legal community.
  I want to start with where Senator Kaine left off. He went through 
our whole vetting process under the Trump administration. And the fact 
that someone has, at least in terms of our criteria, I think, qualified 
as an extraordinarily competent, well-suited individual under both 
President Trump and President Biden is a real credit. And I give the 
White House credit for moving forward and putting his name forward.
  I think Senator Kaine has already mentioned the fact that he got 
bipartisan support in committee, something that, unfortunately, is 
becoming rarer and rarer; but, as probably has already been indicated, 
this is the kind of individual who has both the legal acumen and the 
temperament, I think, to be a great judge.
  He is a Virginia native, originally from Roanoke, a two-time UVA 
graduate. Following his time at UVA and UVA Law School, he originally 
clerked for Judge Peter Beer of the U.S. District Court for the Eastern 
District of Louisiana.
  Following this brief stint outside of Virginia, he returned to 
private practice in Richmond and Roanoke, where he litigated complex 
civil issues.
  In 2011, he was selected by the article 3 judges of the Western 
District to support as a magistrate judge. Over the past 12 years, 
Judge Ballou has continued earning the respect and admiration of those 
article 3 judges that, hopefully, after the next few days, he will 
actually serve with and, I think, will do, again, a great job.
  He will be replacing retiring Judge Jones. Senator Kaine and I both 
have had the pleasure--and I think Senator Kaine actually may have 
practiced with him occasionally. But they are big shoes to fill, and he 
will do that.
  Again, as has been mentioned, Judge Ballou has been really known as a 
magistrate judge for his temperament, the fact that lawyers who appear 
in his courtroom indicate that he works diligently, he always has an 
open mind, and he has a real sense of fairness.
  He loves Southwest Virginia. His father had served as a State court 
judge. He has been very involved in community and charitable activities 
throughout the whole region.

[[Page S653]]

  This is, I think, a man whose time has come. I wish he would have 
been already on the bench. We will have a chance to rectify that with 
our move to cloture today and then, hopefully, in a couple of days 
later, his confirmation as a judge from the Western District of 
Virginia.
  So I heartily join my friend Senator Kaine and urge the confirmation 
of Judge Ballou as a judge to the Western District of Virginia.
  With that, Madam President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KAINE. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.