[Congressional Record (Bound Edition), Volume 146 (2000), Part 2]
[Senate]
[Page 1471]
[From the U.S. Government Publishing Office, www.gpo.gov]



NOMINATION OF KERMIT BYE, OF NORTH DAKOTA, TO BE UNITED STATES CIRCUIT 
                      JUDGE FOR THE EIGHTH CIRCUIT

  The PRESIDING OFFICER. The nomination will be stated.
  The assistant legislative clerk read the nomination of Kermit Bye, of 
North Dakota, to be a United States Circuit Judge for the Eighth 
Circuit.
  Mr. CONRAD. Mr. President, I rise today to recommend the confirmation 
of Kermit Bye for the Eighth Circuit Court of Appeals, and I ask my 
colleagues to join me and Senator Dorgan in supporting his nomination.
  Kermit Bye is a native North Dakotan. He was born in the middle of a 
North Dakota blizzard, in a railroad section house in Hatton, North 
Dakota. He has distinguished himself in his career, and is widely 
recognized as one of the best trial lawyers in our state. Kermit Bye 
will be an excellent addition to the federal judiciary, and he has my 
strong support.
  Kermit Bye would bring a wide range of experiences to the bench. 
Before receiving his law degree from the University of North Dakota in 
1962, he worked as a milk truck driver, a radio advertising salesman, 
and in catalog sales at Montgomery Wards.
  Soon after completing law school, Mr. Bye worked as North Dakota 
Deputy Securities Commissioner, and later served as Assistant United 
States Attorney for the District of North Dakota.
  Since 1968, Mr. Bye has worked for the Vogel Law Firm and was named 
President of the firm in 1981. Mr. Bye has over 30 years of experience 
in Federal and state trial and appellate litigation. His long and 
distinguished career includes representing individual and corporate 
clients. He has tried more than 100 cases, representing both plaintiffs 
and defendants. He has also argued numerous appeals, including more 
than 20 before the Eighth Circuit. Mr. Bye has served on the Board of 
Governors and as the President of the State Bar Association of North 
Dakota.
  Through his broad experience and success he has earned an excellent 
reputation. As an experienced litigator, Mr. Bye also has a full 
understanding of the appropriate role of the judiciary.
  My colleague, Senator Dorgan, and I have heard from individuals 
across our home state, from both sides of the aisle and from all 
sections of the legal community, recommending Mr. Bye for this 
position. According to his colleagues and fellow bar members, Mr. Bye 
is a man of great character and qualifications.
  One of his supporters is Judge Frank Magill, who Mr. Bye has been 
nominated to succeed on the Eighth Circuit. Judge Magill has been on 
senior status since April 1, 1997, and was appointed to the Eighth 
Circuit by President Reagan in 1986. He states in a letter to Senator 
hatch: ``I have had a longtime professional association with Kermit 
Bye. His professional competence and integrity are of the highest 
order. He has several decades of trial experience. I know from personal 
experiences that he will be an easy fit for your criterion of judicial 
temperament.''
  Mr. President, I am confident that Mr. Bye will be an outstanding 
addition to the federal bench. I support his confirmation and yield the 
floor.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Kermit Bye, of North Dakota, to be a 
United States Circuit Judge for the Eighth Circuit? On this question, 
the yeas and nays have been ordered, and the clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Arizona (Mr. McCain) is 
necessarily absent.
  Mr. REID. I announce that the Senator from Montana (Mr. Baucus) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 98, nays 0, as follows:

                       [Rollcall Vote No. 13 Ex.]

                                YEAS--98

     Abraham
     Akaka
     Allard
     Ashcroft
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee, L.
     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
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--2

     Baucus
     McCain
       
  The nomination was confirmed.

                          ____________________