[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[Senate]
[Pages 20746-20747]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           EXECUTIVE SESSION

  The PRESIDING OFFICER. Under the previous order, the hour of 2:15 
p.m. having arrived, the Senate will now go into executive session to 
consider Executive Calendar orders numbered 173 and 175.
  The nominations will be stated.


                             THE JUDICIARY

  The legislative clerk read the nominations of Adalberto Jose Jordan, 
of Florida, to be United States District Judge for the Southern 
District of Florida, and Marsha J. Pechman, of Washington, to be United 
States District Judge for the Western District of Washington.
  The Senate proceeded to consider the nominations.
  The PRESIDING OFFICER. Under the previous order, there will be 5 
minutes of debate equally divided.
  Who seeks time?
  The Chair recognizes the Senator from Washington.
  Mr. GORTON. Mr. President, I would like to express my enthusiastic 
support for the nomination of Judge Marsha J. Pechman to serve on the 
United States District Court for the Western District of Washington.
  Ms. Pechman was chosen by a selection committee jointly appointed by 
my colleague, Senator Murray, and myself, and was jointly recommended 
by the two Senators from the State of Washington to President Clinton. 
The President has therefore engaged fully in the normal advice and 
consent process for choosing Federal judges for this vitally important 
lifetime position.
  Judge Pechman has significant judicial experience. She has served as 
a superior court judge in King County, Washington, for a period of 11 
years, handling a wide range of cases, taking an active role in 
improving the administration of justice, and instructing and teaching 
other judges and lawyers. Before becoming a judge, Marsha Pechman 
worked as a deputy prosecuting attorney in King County and was later 
made a partner in a significant, major law firm in the city of Seattle.
  I ask my colleagues to join with my colleague from the State of 
Washington and myself in approving a first-rate nomination on the part 
of the President, Judge Marsha Pechman, to serve as United States 
District Court Judge for the Western District of Washington.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Vermont.
  Mr. LEAHY. Mr. President, I thank the Republican leadership for 
allowing the Senate to consider and confirm two more outstanding 
judicial nominations today. Marsha Pechman and Adalberto Jose Jordan 
had confirmation hearings on July 13. They were favorably reported by 
the Judiciary Committee long before the August recess.
  I regret that they were not confirmed at that time along with the 
other 11 judicial nominees on the Senate calendar who are still 
awaiting Senate action. With these confirmations today--and I predict 
they will be confirmed--the Senate will finally have confirmed more 
than a dozen judges this year. By comparison, last year at this time 
the Senate had confirmed 39 judges, not just 13; by this time in 1994, 
the Senate had confirmed 58 judges, not just 13.
  In the past I have challenged the Senate to try to keep up with Sammy 
Sosa's home run pace. He has 58 home runs so far this year. We are 
behind not just his home run pace but the home run pace set by National 
League pitchers.
  The Senate has ready for action the nominations of Marsha Berzon to 
the Ninth Circuit, Justice Ronnie White to the District Court in 
Missouri, and many other qualified nominees.
  The current nomination delayed the longest is that of Judge Richard 
Paez. He has been held up for over 3\1/2\ years, yet can anybody on 
this floor state with confidence that if he were allowed to have a 
rollcall vote, he would not be confirmed. The Judiciary Committee twice 
reported the nomination favorably. If we were honest and decent enough 
in the Senate to allow this man to come to a vote after 3\1/2\ years, 
he would be confirmed. It is a scandal, a shame on the Senate that we 
do not confirm this nominee.
  His treatment recalls the criticism the Chief Justice of the United 
States, William Rehnquist, has made of the Senate. He pointed out that 
after a period for review nominations should be voted up or voted down. 
He pointed out that too many nominations were being held up too long. 
The nomination of Judge Richard Paez is currently Exhibit A.
  We are not doing our job. We are not being responsible. We are being 
dishonest, condescending, and arrogant toward the judiciary. It 
deserves better and the American people deserve better.
  We have less than 8 weeks in which the Senate is scheduled to be in 
session the remainder of the year. We have our

[[Page 20747]]

work cut out for us if we are to consider the 49 judicial nominations 
pending at the start of this week and others who are being nominated 
over the next few weeks.
  In spite of our efforts last year in the aftermath of strong 
criticism from the Chief Justice of the United States, the vacancies 
facing the Federal judiciary are, again, approximately 70 and the 
vacancies gap is not being closed. We have more Federal judicial 
vacancies extending longer and affecting more people. Judicial 
vacancies now stands at over 8 percent of the Federal judiciary. If one 
considers the additional judges recommended by the Judicial Conference, 
the vacancies rate would be over 15 percent.
  Nominees deserve to be treated with dignity and dispatch--not delayed 
for two and three years. We are seeing outstanding nominees nitpicked 
and delayed to the point that good women and men are being deterred 
from seeking to serve as federal judges. Nominees practicing law see 
their work put on hold while they await the outcome of their 
nominations. Their families cannot plan.
  The President spoke about the vacancies crisis again last month. 
Certainly no President has consulted more closely with Senators of the 
other party on judicial nominations. The Senate should get about the 
business of voting on the confirmation of the scores of judicial 
nominations that have been delayed without justification for too long. 
We must redouble our efforts to work with the President to end the 
longstanding vacancies that plague the federal courts and disadvantage 
all Americans. That is our constitutional responsibility.
  The PRESIDING OFFICER. If all time is yielded back, the Senate will 
now proceed to vote. The question is, Will the Senate advise and 
consent to the nomination of Adalberto Jose Jordan, of Florida, to be a 
United States District Judge for the Southern District of Florida? The 
yeas and nays have been ordered and the clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Utah (Mr. Hatch), the 
Senator from Arizona (Mr. McCain), the Senator from Alaska (Mr. 
Murkowski), and the Senator from Ohio (Mr. Voinovich) are necessarily 
absent.
  I further announce that, if present and voting, the Senator from Utah 
(Mr. Hatch) would vote ``yes.''
  Mr. REID. I announce that the Senator from Maryland (Mr. Sarbanes) 
and the Senator from Maryland (Ms. Mikulski) are absent because of 
attending a funeral.
  The result was announced--yeas 93, nays 1, as follows:

                      [Rollcall Vote No. 262 Ex.]

                                YEAS--93

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Moynihan
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Smith (NH)
       

                             NOT VOTING--6

     Hatch
     McCain
     Mikulski
     Murkowski
     Sarbanes
     Voinovich
  The nomination was confirmed.
  The PRESIDING OFFICER. The motions to reconsider are laid on the 
table.
  The Senate will now proceed to vote on Executive Calendar No. 175. 
The question is, Will the Senate advise and consent to the nomination 
of Marsha J. Pechman to be United States District Judge for the Western 
District of Washington? The yeas and nays have been ordered. The clerk 
will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Utah (Mr. Hatch), the 
Senator from Arizona (Mr. McCain), the Senator from Alaska (Mr. 
Murkowski), and the Senator from Ohio (Mr. Voinovich) are necessarily 
absent.
  I further announce that, if present and voting, the Senator from Utah 
(Mr. Hatch) would vote ``yes.''
  Mr. REID. I announce that the Senator from Maryland (Mr. Sarbanes) 
and the Senator from Maryland (Ms. Mikulski) are absent because of 
attending a funeral.
  The PRESIDING OFFICER (Mr. Crapo). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 93, nays 1, as follows:

                      [Rollcall Vote No. 263 Ex.]

                                YEAS--93

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Moynihan
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Smith (NH)
       

                             NOT VOTING--6

     Hatch
     McCain
     Mikulski
     Murkowski
     Sarbanes
     Voinovich
  The nomination was confirmed.
  The PRESIDING OFFICER. The motions to reconsider are laid upon the 
table, and the President will be immediately notified of the Senate's 
action.

                          ____________________