[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[Senate]
[Pages 21246-21247]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF MARYANNE TRUMP BARRY, OF NEW JERSEY, TO BE U.S. CIRCUIT 
                      JUDGE FOR THE THIRD CIRCUIT

  The PRESIDING OFFICER. The Senate will now proceed to executive 
session to consider Executive Calendar No. 210, which the clerk will 
report.


                             the judiciary

  The legislative clerk read the nomination of Maryanne Trump Barry, of 
New Jersey, to be United States Circuit Judge for the Third Circuit.
  Mr. LOTT. Mr. President, I also indicate that we will be prepared to 
confirm two further judicial nominations by consent before we close 
business this evening. Therefore, there will be no further votes this 
evening, and the next vote will occur at 10:30 a.m. on Tuesday in 
relation to the Bryan forestry amendment.
  Mr. LEAHY. Mr. President, the confirmation of Maryanne Trump Barry to 
the Third Circuit--and I predict that she will be confirmed--will bring 
to 15 the total number of federal judges considered by the Senate all 
year.
  While I am appreciative of this opportunity to consider this 
nomination, I note that the Republican leadership has chosen to skip 
over the nominations of Marsha Berzon, Judge Richard Paez, and Ray 
Fisher to the Ninth Circuit. These nominations have all been on the 
Senate calender for as long or longer than that of Ms. Barry. The 
Republican leadership has, again, skipped over the nomination of 
Justice Ronnie White for the federal court in Missouri, as well.
  All of these nominations could and should have been considered before 
the August recess. Indeed the nominations of Judge Paez and Justice 
White, should have been considered when they were first reported last 
year.
  Mr. LAUTENBERG. Mr. President, I rise in strong support of the 
nomination of Maryanne Trump Barry to the United States Court of 
Appeals of the Third Circuit.
  I commend Senator Hatch for moving forward with this nomination. We 
must ensure that the federal bench is at full strength so that our 
citizens will receive justice promptly and fairly. The distinguished 
chairman of the Judiciary Committee deserves thanks from all who 
believe that our court system is at the core of our precious democratic 
structure.
  Judge Barry's reputation is well known and she has excellent 
credentials. In 1983, she was nominated to a federal district court 
judgeship by President Reagan, and since being confirmed for that post 
she has compiled an impressive record and become a nationally 
recognized expert on a wide range of criminal and civil law matters.

[[Page 21247]]

  Her knowledge of criminal law led Chief Justice Rehnquist to appoint 
her to chair the Committee on Criminal Law of the Judicial Conference 
of the United States, a position she held from 1993-1996. Additionally, 
the Federal Judicial Center asked her to make an instructional 
videotape called ``How to Try a Complex Criminal Case'' and that tape 
is played for all new district court judges at their orientation 
seminar.
  In the area of civil law, Judge Barry has issued many important 
rulings including a decision that Blue Cross was required to pay for a 
bone marrow transplant for a terminally ill young girl who would have 
died without the procedure.
  New Jersey residents are particularly proud of her decision holding 
New York City responsible and in contempt for failing to obey a court 
order designed to prevent garbage and medical waste from New York's 
Fresh Kills Landfill from drifting onto New Jersey's shore. Not only do 
her judicial colleagues hold her in high regard, Judge Barry is also 
well-respected by the many attorneys who have appeared before her. They 
praise her command of the law, her professional demeanor, and her 
razor-sharp wit.
  As a result of her tenure in the U.S. attorney's office, her 16 years 
of outstanding service at the district court level, and her legal 
expertise, Judge Barry is well-prepared for elevation to the circuit 
court. In fact, she has already sat on the Court of Appeals--by 
designation--and has written several opinions.
  Mr. President, I highly recommend Judge Barry for elevation to the 
third circuit. As some of my colleagues may know, the third circuit is 
currently facing a judicial emergency, and the appointment of Judge 
Barry will help.
  To further address this crisis, I hope that the Judiciary Committee 
will soon take up the nomination of another excellent candidate for the 
third circuit, Judge Julio Fuentes. I would also be remiss if I did not 
point out that the elevation of Judge Barry will create another vacancy 
on the District Court of New Jersey, and so it would be essential that 
the committee move forward with the nomination of Faith Hochberg to 
that court.
  Mr. TORRICELLI. Mr. President, I rise today in support of Judge 
Maryanne Trump Barry's confirmation to the Third Circuit Court of 
Appeals. As a member of the Senate Judiciary Committee, I have followed 
Judge Barry's nomination closely as it has moved through the 
confirmation process. During this time, I have been impressed by her 
candor, intelligence, and qualifications for the position. She has 
moved through the process quickly, and I believe the overwhelming 
support for her nomination is evidence of her ability to ultimately 
fulfill the obligations of serving on the Third Circuit.
  Those who know Judge Barry, and have had the pleasure of working with 
her, have spoken openly of her integrity and thorough knowledge of the 
law. Some have highlighted her decency, while others have focused upon 
her razor-sharp wit. However, everyone has agreed on one point--Judge 
Barry has developed a reputation as a skilled jurist with a judgment 
and temperament that are highly respected by her peers. The other 
members of the Senate Judiciary Committee agreed with this assessment, 
and I was pleased that Judge Barry's nomination was passed out of the 
Committee by voice-vote on July 29th.
  For those who are unfamiliar with Judge Barry's distinguished career, 
she has graduated with Master's and law degrees from Columbia and 
Hofstra Universities respectively. Judge Barry first worked for the 
U.S. Attorney's Office in New Jersey and quickly rose through the 
ranks. She served as Chief of the Appeals Division, and then as a first 
assistant to the U.S. Attorney. At the time, Judge Barry was the 
highest-ranking female prosecutor in any major U.S. Attorney's Office 
in the country.
  In 1983, Judge Barry was appointed to the U.S. District Court by 
President Reagan. For almost 16 years, she has served as a pragmatic 
and vocal presence on the bench in Newark, New Jersey. As a former 
President of the Association of the Federal Bar of the State of New 
Jersey, Judge Barry has had a tremendous impact on policy across the 
State. She currently serves on its advisory board, and continues to be 
highly regarded for her insights and opinions. Judge Barry has 
consistently impressed me as an extraordinary woman, and one who will 
continue to distinguish herself. I urge my colleagues to support her 
confirmation to the Third Circuit Court of Appeals.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Maryanne Trump Barry, of New Jersey, to be 
United States Circuit Judge for the Third Circuit?
  The nomination was confirmed.
  The PRESIDING OFFICER. The President will be immediately notified of 
the Senate's action.

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