[Congressional Record (Bound Edition), Volume 148 (2002), Part 11]
[Senate]
[Pages 15170-15171]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. SPECTER. Mr. President, I have sought recognition to speak about 
three nominees from Pennsylvania who have been confirmed by the Senate. 
It is a very happy day, indeed. We will have a judge to the western 
district of Pennsylvania and two judges to the middle district of 
Pennsylvania, both districts being in dire need of assistance. These 
three individuals were recommended by a bipartisan nominating 
commission which Senator Santorum and I have established, where there 
is independent review in each of the districts. These individuals were 
recommended to Senator Santorum and myself and then, in turn, we 
recommended them to the President. They have passed the examinations of 
the American Bar Association with flying colors, the FBI check, the 
Judiciary Committee hearing, and finally have been voted upon by the 
Senate.
  Earlier today, the Senate confirmed Ms. Joy Flowers Conti for the 
United States District Court for the Western District of Pennsylvania. 
Ms. Conti brings an outstanding academic record to the bench: Her 
bachelor of arts degree from Duquesne University in 1970; her law 
degree also from Duquesne in 1973; summa cum laude, the highest honors; 
and she was the first woman to serve as editor in chief of the Duquesne 
Law Journal. She has had an outstanding career in private practice. She 
has been associated with the distinguished Pittsburgh law firm, 
Buchanan, Ingersoll, from 1974 until the present time; served as a 
professor of law at Duquesne from 1976 to 1982; has worked as a 
judicial officer, hearing examiner for the Commonwealth of Pennsylvania 
in the Department of State Bureau of Occupational and Professional 
Affairs.
  She received a ``well qualified'' rating by the American Bar 
Association's Standing Committee on the Federal Judiciary, has served 
in the House of Delegates of the American Bar Association, and is 
currently serving in the Pennsylvania Bar Association's House of 
Delegates.
  She received the Pennsylvania Bar Association's Anne X. Alpern Award, 
a very distinguished award named for the first woman supreme court 
justice in the Commonwealth of Pennsylvania--Justice Alpern, whom I 
knew and practiced before many years ago when I was chief of the 
appeals division in Philadelphia's Attorney General's office. Mrs. 
Conti brings the highest credentials to the western district, a court 
very much in need of additional judicial manpower, or in this case 
woman power.
  Also confirmed earlier today was a distinguished lawyer from 
Pottsville, PA, John E. Jones. Mr. Jones has an outstanding academic 
record from Dickinson College, 1977, and the Dickinson School of Law in 
1980. He has been engaged in the active practice of law in Pottsville 
for the past 21 years.
  I have personally known Mr. Jones for 15 years. Just earlier today I 
was talking to the former Governor of Pennsylvania, Tom Ridge, now 
serving as President Bush's homeland security adviser, and we compared 
notes on Mr. Jones and agree that he has outstanding credentials.
  His background includes being the assistant public defender in 
Schuylkill County from 1985 until 1985. That is a part-time job. But 
the defender's office will give him a good background and balance, 
looking at the defense side of the bar. He served as Pennsylvania's 
State attorney general for the Drug Abuse Resistance Education Program, 
and more recently has been chairman of the Pennsylvania Liquor Control 
Board, having been appointed there in May of 1995.
  In Pennsylvania, that is a major board, quasi-judicial, and serving 
as chairman gives one very extensive administrative responsibilities. 
In that capacity, he has simplified the procedures there in a context 
of some 20,000

[[Page 15171]]

licensees, so that he has a very extensive background to give diversity 
to the middle district.
  On Friday, the Senate confirmed another distinguished lawyer, 
Christopher C. Conner, from Harrisburg, PA. Mr. Connor is chair of the 
litigation department of Mette, Evans and Woodside, one of the largest 
law firms in Pennsylvania.
  He, too, brings excellent academic credentials, being a graduate of 
Cornell University in 1979 and the Dickinson Law School in 1982, where 
he was editor of the National Appellate Moot Court Team.
  He has been active in bar association affairs, taking on the vice 
presidency of the Pennsylvania bar, coauthoring a Law Review article on 
``Partisan Elections, the Albatross of the Pennsylvania Appellate 
Judiciary.''
  Interestingly, with the Supreme Court of the United States recently 
declaring that candidates for judicial office are now free to campaign, 
that may be a great impetus to take judges out of elective office; 
something which I believe should have been done years ago in 
Pennsylvania and something I urged as long ago as 1968 when we were 
preparing Pennsylvania's constitution, which was adopted in 1969.
  Mr. Connor has also served as adjunct professor at the Widner 
University School of Law on the Harrisburg campus where he taught 
pretrial procedure. So he brings a very diversified background and an 
excellent background to the middle district.
  I am pleased to note that the majority leader is going to go right 
down the list on nominees and has stated earlier today that we would 
consider the nomination of Judge Brooks Smith, who is the chief judge 
of the Western District of Pennsylvania. The Third Circuit being in 
dire need of additional judicial manpower.
  Chief Judge Edward R. Becker, one of the most distinguished judges in 
the United States, has commented about the serious state of affairs 
there, and I am anxious to see District Court Judge Brooks Smith 
receive his vote tomorrow. I am confident that he will be confirmed.
  Judge Smith was reported out of the Judiciary Committee on a vote of 
12 to 7, with three Democrats--Senator Biden, Senator Kohl, and Senator 
Edwards--voting for Judge Smith.
  It is my hope that we will soon establish a protocol to eliminate the 
partisan differences which have plagued the Federal judicial nominating 
process for many years.
  Now, with a Republican President, President Bush, and a Senate 
controlled by the Democrats, there have been delays which I believe are 
excessive. But I have to say at the same time that when President 
Clinton, a Democrat, was in the White House, and the Senate was 
controlled by Republicans, similarly the delays were excessive.
  It is my view that the Federal judgeships are too important to be 
embroiled in partisan politics or payback or delay. I have proposed a 
protocol which would establish a timetable: So many days after a 
nominee is submitted by the President there ought to be a Judiciary 
Committee hearing. So many days later there ought to be action by the 
Judiciary Committee, voted up or down; and, if voted up, so many days 
later there ought to be floor consideration for confirmation by the 
entire Senate--with that not being an ironclad schedule. If cause is 
shown, at the discretion of the chairman of the committee on 
notification to the ranking member there could be a reasonable delay. 
Similarly, with the majority leader upon notice to the minority leader, 
there could be a reasonable delay on the vote before the Senate.
  But I believe the American people generally are sick and tired of 
partisan politics. They want to see the Senate work together and 
nowhere is that more important than in the selection of Federal judges.
  So I am pleased to speak about these three distinguished lawyers who 
have been confirmed by the Senate and will be sworn in soon. I am also 
looking forward to the addition of Judge Brooks Smith to the Court of 
Appeals of the Third Circuit, which is very much in need of his 
services.
  I thank the Chair. In the absence of any other Senator seeking 
recognition, 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. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________