[Congressional Record (Bound Edition), Volume 146 (2000), Part 2]
[Senate]
[Pages 2144-2145]
[From the U.S. Government Publishing Office, www.gpo.gov]



  NOMINATION OF JULIO M. FUENTES, OF NEW JERSEY, TO BE UNITED STATES 
                  CIRCUIT JUDGE FOR THE THIRD CIRCUIT

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the nomination.
  The assistant legislative clerk proceeded to read the nomination of 
Julio M. Fuentes, of New Jersey, to be United States Circuit Judge for 
the Third Circuit.
  Mr. LAUTENBERG. Mr. President, I want to start by thanking the 
Judiciary Committee--particularly Chairman Hatch and Ranking Member 
Leahy--for moving the nomination of Judge Julio Fuentes through the 
committee process so efficiently.
  Judge Fuentes clearly is the kind of candidate that we want on the 
federal bench. In many ways, his life demonstrates the promise of 
America--the idea that anyone committed to getting an education and 
working hard can build a distinguished career.
  Judge Fuentes wasn't born to wealth or privilege. He was raised by a 
single parent--his mother who worked as a nurse. But he pursued his 
education diligently, earning a college degree while serving his 
country in the Army's Special Forces. Eventually, he earned not only a 
law degree but also two Masters degrees.
  After completing law school, Judge Fuentes began building a 
successful legal practice, honing his skills as an associate with a 
Jersey City law firm. He later established his own firm and gained 
experience handling a wide range of criminal and civil matters.
  In 1978, he was appointed a judge on the Newark Municipal Court, 
where he served until his appointment to the New Jersey Superior Court 
in 1987. As a Superior Court judge, he has presided over criminal cases 
and a wide range of civil disputes, including product liability 
actions, environmental suits, and property claims. He has also ruled on 
a number of federal and state constitutional issues.
  In addition to his professional endeavors, Judge Fuentes has also 
volunteered his time to help members of the community. He has mentored 
many Hispanic youths and he has received several awards for his public 
service.
  Judge Fuentes' hard work on and off the bench has earned the respect 
of his judicial colleagues, the lawyers who appear before him, and the 
people of New Jersey. The people who know him well describe him as 
``bright,'' ``dedicated,'' and ``even-tempered.''
  In short, I feel certain that Judge Fuentes' depth of experience, his 
legal knowledge, his compassion and his temperament would make him an 
exceptional federal judge.
  Again, I thank Senators Hatch and Leahy for their hard work on this 
nomination, and I urge all of my colleagues to vote to confirm Judge 
Fuentes.
  Mr. SPECTER. Mr. President, I seek recognition today to express my 
support for the nomination of Julio M. Fuentes to be a judge on the 
Third Circuit Court of Appeals.
  I recently had the opportunity to meet Judge Fuentes when he came 
before the Senate Judiciary Committee for his nomination hearing on 
February 22nd. At that time, I questioned the Judge on his experience 
and credentials for the bench and was persuaded that he will be able to 
meet the great challenge of serving on the Third Circuit.
  Judge Fuentes has had a distinguished legal career. He earned his law 
degree from the State University of New York in Buffalo in 1975. He 
then entered the practice of law in New Jersey and continued to 
practice for 7 years. While he was practicing, Mr. Fuentes was 
appointed to be a judge on the Newark Municipal Court, where he served 
from 1979 to 1987. In 1987, Judge Fuentes was appointed to the New 
Jersey Superior Court, where he has served until the present day.
  His 20-plus years on the state bench have given Judge Fuentes a 
strong judicial background that will serve him well on the Third 
Circuit. Many of the issues that Judge Fuentes will encounter on the 
federal bench, from criminal law to torts to contracts, are ones with 
which he will be well acquainted from his time on the state bench. 
Other issues before the federal courts, such as antitrust and 
securities cases, will be new to Judge Fuentes. But I am confident that 
his experience has given him the skills and temperament needed to 
tackle these issues.
  The Third Circuit is a prestigious court with a proud history. It has 
a tremendous volume of very high-powered litigation. I wish Judge 
Fuentes a long and productive career in this most important position.
  Mr. TORRICELLI. Mr. President, it is with great pleasure that I rise 
to thank my colleagues for their support of the nomination of Judge 
Julio Fuentes to the Third Circuit Court of Appeals.
  There has been much discussion of late of the slow pace at which the 
Senate has moved to confirm judicial

[[Page 2145]]

nominees in the 106th Congress. It is a fact of which no one should be 
proud. Each judicial seat that we leave vacant slows the administration 
of the courts and access to justice for the American people.
  That being said, I want to publicly thank Senator Hatch who has 
repeatedly--and admirably--demonstrated his commitment to moving 
nominees through the Judiciary Committee in a timely fashion. I want to 
thank both Senator Hatch and Senator Leahy for their support in 
assuring Judge Fuentes' confirmation.
  The vote that we took this evening on Judge Fuentes is an important 
step towards easing the burdens on the courts. It is also evidence that 
a qualified candidate with broad support can get a fair vote in this 
Senate and move quickly from a hearing to confirmation. Judge Fuentes' 
nomination was reported out of the Judiciary Committee just last week 
by a unanimous voice vote.
  George Washington once said, ``The Administration of Justice is the 
firmest pillar of government.'' As I stand here today I am reminded of 
that quote because long after we all leave the Senate, those who sit on 
the Judiciary will continue to impact public policy and the lives of 
other Americans. When I recommended Judge Fuentes, I did so with the 
utmost confidence that he was well-suited to such great responsibility. 
In fact, I first considered Judge Fuentes for the position of District 
Court Judge. However, it soon became apparent that his stellar 
qualifications were so impressive that he deserved consideration for 
the Third Circuit. And I note with considerable pride that Judge 
Fuentes will be the first person of Hispanic descent to serve on the 
Third Circuit.
  His career has been distinguished by a solid record of public 
service, which began in 1966 when he left college for three years to 
serve in the United States Army, including service in the Airborne 
Rangers. From his days in law school to his current tenure on NJ's 
Superior Court, he has demonstrated that he is an accomplished attorney 
who has made a commitment to improving the quality of justice in our 
society. I have no doubt that he will bring these same qualities to the 
federal bench.
  A graduate of SUNY--Buffalo School of Law, Judge Fuentes began his 
legal career in private practice where he worked for 7 years on both 
civil and criminal matters. For his last three years in private 
practice, he also served as a part-time Judge on Newark's Municipal 
Court. Then in 1981, he assumed the bench full-time as a Municipal 
Judge where he remained until 1987 when he was promoted to the New 
Jersey Superior Court.
  In his now 13 years on the Superior Court, he has built a reputation 
as a fair and able jurist. When you speak with those who have had the 
opportunity to work with Judge Fuentes throughout this distinguished 
career, they universally praise his integrity as well as the depth and 
breadth of his knowledge of the law. And those who know him well 
describe him as bright, dedicated, and compassionate.
  I could not be more confident that Judge Fuentes is the right person 
to fill this seat--a view that is shared by those best in a position to 
know the Judge's qualifications. New Jersey's Governor Christie 
Whitman, the New Jersey State Bar Association, and the Hispanic Bar 
Association--both nationally and in New Jersey--have written letters 
enthusiastically supporting the Judge's nomination.
  I am extremely proud to support Judge Fuentes nomination to the Third 
Circuit Court of Appeals. I know he will be a superb addition to the 
bench.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Julio M. Fuentes, of New Jersey, to be 
United States Circuit Judge for the Third Circuit? On this question, 
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 Arizona (Mr. McCain), 
the Senator from Missouri (Mr. Bond), and the Senator from Georgia (Mr. 
Coverdell) are necessarily absent.
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the 
Senator from California (Mrs. Feinstein), the Senator from Nebraska 
(Mr. Kerrey), and the Senator from Minnesota (Mr. Wellstone) are 
necessarily absent.
  I further announce that, if present and voting, the Senator from 
Minnesota (Mr. Wellstone) and the Senator from Delaware (Mr. Biden) 
would vote ``aye.''
  The PRESIDING OFFICER (Mr. Smith of Oregon). Are there any other 
Senators in the Chamber desiring to vote?
  The result was announced--yeas 93, nays 0, as follows:

                       [Rollcall Vote No. 34 Ex.]

                                YEAS--93

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Bingaman
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee, L.
     Cleland
     Cochran
     Collins
     Conrad
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     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
     Wyden

                             NOT VOTING--7

     Biden
     Bond
     Coverdell
     Feinstein
     Kerrey
     McCain
     Wellstone
  The nomination was confirmed.
  Mr. LEAHY. Mr. President, I move to reconsider the vote.
  Mr. LOTT. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
 Mr. BIDEN. Mr. President, circumstances have prevented my 
being able to be here for the vote this evening on Julio Fuentes's 
nomination to the United States Court of Appeals for the Third Circuit, 
but I wanted to take this opportunity to make it clear that I am 
pleased to support his nomination.
  Judge Fuentes is eminently qualified for this important position. 
After several years in private practice, Judge Fuentes has served the 
New Jersey community with honor first, as a judge on the Newark 
Municipal Court, and now, as a judge on the New Jersey Superior Court, 
where he has served admirably for well over a decade.
  Judge Fuentes is an excellent jurist with an unblemished record and a 
man of integrity. He is regarded with great esteem within his community 
and has received the endorsement of many different organizations. In 
fact, I understand that Judge Fuentes was originally recommended for a 
seat on the District Court in New Jersey, but the White House was so 
impressed after meeting him that the President nominated him to the 
Third Circuit instead.
  I always monitor the nominations made to the Third Circuit with 
special interest because my own state of Delaware is part of that 
Circuit. And I can say without reservation that I am confident that 
Judge Fuentes will discharge his new responsibilities with distinction 
and will make a fine addition to that court. I commend the two Senators 
of New Jersey for their support of this nominee and am proud to join 
them.

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