[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[Senate]
[Pages 22502-22504]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF GLEN E. CONRAD, OF VIRGINIA, TO BE UNITED STATES DISTRICT 
               JUDGE FOR THE WESTERN DISTRICT OF VIRGINIA

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to executive session to consider Calendar No. 356, which the 
clerk will report.
  The legislative clerk read the nomination of Glen E. Conrad, of 
Virginia, to be United States District Judge for the Western District 
of Virginia.
  The PRESIDING OFFICER. There will be a period of 2 minutes of debate 
equally divided prior to the vote.
  Mr. WARNER. Mr. President, I rise today in support of the nomination 
of Glen Conrad, who has been nominated to serve as a judge on the 
United States District Court for the Western District of Virginia. I 
had the pleasure of introducing him before the Senate Judiciary 
Committee this past July.
  Judge Conrad has been nominated to fill the vacancy of Judge James 
Turk who began his service on this court in 1972 and recently took 
senior status. After Judge Turk informed Senator

[[Page 22503]]

Allen and me about his intent to take senior status, Senator Allen and 
I began our search to find the most qualified and well-respected 
individual to fill Judge Turk's seat on the bench. During that process 
one name repeatedly was brought up--that name was Glen Conrad.
  After interviewing Judge Conrad personally, Senator Allen and I were 
pleased to send this fine nominee's name to President Bush for 
consideration. President Bush promptly thereafter nominated Judge 
Conrad on April 28, 2003.
  Judge Conrad's background makes him highly qualified for this 
position, and I strongly support his nomination. His experience with 
the law is extensive.
  After graduating from the Marshall Wythe School of Law at the College 
of William and Mary, Mr. Conrad served as a probation officer in the 
Western District of Virginia. A little more than a year later, Mr. 
Conrad was selected to serve as a United States magistrate judge in the 
Western District. And, for the last 27 years, Judge Conrad has served 
as a magistrate judge in the Western District.
  During his over a quarter of a century as a magistrate judge in the 
Western District of Virginia, Judge Conrad has earned a stellar 
reputation. From the many letters that I have received in support of 
his nomination, there is unanimity in describing Judge Conrad as 
intelligent, courteous, hard working and having an excellent judicial 
temperament.
  I am confident that Judge Conrad will continue his service on the 
Western District of Virginia bench consistent with this reputation.
  I urge my colleagues to support Judge Conrad's nomination.
  Mr. HATCH. Mr. President, I am pleased today to speak in support of 
Glen Conrad, who has been nominated for the United States District 
Court for the Western District of Virginia.
  Judge Conrad is no stranger to the Western District or its Federal 
court: He has served there as a magistrate judge for 27 years. 
Following his graduation from the Marshall Wythe School of Law at the 
College of William and Mary in 1974, he clerked for district judge Ted 
Dalton of the Western District of Virginia--the same court to which 
Judge Conrad has been nominated. During the time of his clerkship, 
Judge Conrad also served as Federal probation officer.
  Since the end of his clerkship in 1976, to the present day, Judge 
Conrad has served as Federal magistrate judge in various districts 
throughout Virginia. During his lengthy tenure on the bench, Judge 
Conrad has been recommended for reappointment by three separate Merit 
Selection Committees.
  Judge Conrad has illustrated exemplary care and concern for the state 
of the law in his home district. He has contributed to continuing legal 
education efforts over the course of his career, helping to produce 
course materials for young lawyers starting their practice in the 
Western District of Virginia. He has also served as a member of the 
Civil Justice Reform Act Advisory Committee, where he has helped 
recommend measures to improve the efficiency of the Virginia court 
system and reduce the costs of civil litigation.
  In addition to being a model citizen, Judge Conrad is an extremely 
qualified judge. I urge my colleagues to support his nomination.
  Mr. LEAHY. Mr. President, today, we vote to confirm two district 
court nominees, United States Magistrate Judge Glen Allen Conrad and 
South Carolina Judge Henry Floyd. Unfortunately, we are still 
needlessly awaiting a vote on the judicial nominees from California, 
for the emergency vacancies in the Southern District, the busiest court 
in the country.
  With today's confirmations, the Senate will now have confirmed 153 
judicial nominees for this President. As I mentioned last week, this 
pace of confirmation stands in stark contrast to what occurred with 
judicial nominees during the Clinton Administration. It was not until 
well into the fourth year of President Clinton's second term, when 
Republicans controlled the Senate, before this many judicial nominees 
were confirmed. It took President Reagan, during his first term, almost 
to the end of his fourth year to get this many judicial nominees 
confirmed, and that was with a Senate that was controlled by the same 
party. It also took President George H.W. Bush well into his fourth 
year to get this many of his judicial nominees confirmed.
  In contrast, today, with the shifts in Senate control, it has 
effectively taken a little more than 2 years of rapid Senate action to 
confirm 153 judicial nominees for this President, including 100 during 
Democratic control. This year alone the Senate has confirmed 53 
judicial nominees, including 11 circuit court nominees in 2003. That is 
more confirmations in just 9 months than Republicans allowed for 
President Clinton in 1996, 1995, 1999, or 2000. Overall, we have 
confirmed 28 circuit court nominees of President Bush since July of 
2001, which is more than were confirmed at this time in the third year 
of President Reagan's first term, President George H.W. Bush's term, or 
either of President Clinton's terms.
  The records of these two judicial nominees stands in contrast to the 
record of many of this President's judicial nominees, particularly for 
circuit court positions. Both Judge Conrad and Judge Floyd have 
significant judicial experience, with Judge Conrad serving as a 
Magistrate Judge for more than a quarter of a century. Far too many of 
this President's judicial nominees have limited legal experience and no 
judicial experience but significant partisan experience.
  I note that there are now more George W. Bush appointees on the bench 
than there are active George Herbert Walker Bush appointees. The 
President's father served 4 full years. This President has served less 
than 3.
  With these confirmations, there are no more vacancies in the district 
court in Virginia, as Judge Conrad joins Judge Hudson, who we confirmed 
last year to the district court in Virginia. Judge Floyd will join 
Judge Terry Wooten on the district court in South Carolina. Judge 
Floyd's confirmation will fill the vacancy created by the elevation of 
the controversial Judge Dennis Shedd last year. I congratulate Judge 
Conrad and Judge Floyd and their families.
  Mr. ALLEN. Mr. President, I rise to speak on behalf of the nomination 
of Glen E. Conrad to be District Court Judge for the Western District 
of Virginia.
  I have known Glen Conrad since the day I got out of law school at the 
University of Virginia, and I was a law clerk for Judge Williams in 
Abingdon, VA, not far from the Tennessee line. Glen Conrad was a U.S. 
magistrate judge in Abingdon and then he later moved up to Roanoke.
  Judge Conrad is tremendously qualified not only to be a judge in the 
U.S. district court for the Western District of Virginia but a leader--
a judge who is a leader, who understands the system and the operation 
of the court in the Western District of Virginia. In fact--and I know I 
speak for my colleague, John Warner--we examine many highly qualified 
individuals and we truly could find nobody more qualified by a proven 
record of experience and performance, with the proper judicial 
philosophy, with a proven temperament to fill this judgeship.
  Indeed, this judgeship has been declared a judicial emergency by the 
Judicial Conference. Glen Conrad is experienced, knowledgeable, fair, 
and possesses an outstanding reputation and proven judicial experience.
  As I said, I have known him for many years. His wife is someone who I 
have admired, and I put her on the community college board when I was 
Governor of Virginia. Glen Conrad is a graduate of the College of 
William and Mary, and that is a very good undergraduate and law school. 
He is looked upon highly by his peers who know and acknowledge his 
qualifications and his experience.
  He has been positively endorsed by the Virginia Bar Association, the 
Roanoke Bar Association, the Virginia Association of Defense Attorneys. 
He has been highly recommended by the Virginia Women Attorneys 
Association and by the Virginia State Bar. In fact,

[[Page 22504]]

he received a highly qualified endorsement from the American Bar 
Association as well. So whether he is serving in this very large 51-
county district, which includes courts in Danville, Lynchburg, 
Charlottesville, and then in the valley of Harrisonburg, as well as in 
Roanoke, Abingdon, and Big Stone Gap, regardless whether on the south 
side, the Piedmont, western, or southwestern Virginia, I believe the 
President has chosen a very outstanding nominee who will honorably and 
fairly administer justice in the Western District of Virginia and I 
urge my colleagues to support him.
  I endorse him with my full confidence and recommend his approval this 
evening because we need to get him to work for the people and the 
litigants in the Western District of Virginia.
  I yield the floor, and I yield the remainder of our time.
  Mr. BINGAMAN. Mr. President, we yield back our time.
  The PRESIDING OFFICER. All time is yielded back on the nomination.
  Mr. ALLEN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Shall the Senate advise and consent to the 
nomination of Glen E. Conrad, of Virginia, to be United States District 
Judge for the Western District of Virginia? The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from New Hampshire (Mr. 
Gregg), the Senator from Alaska (Ms. Murkowski), and the Senator from 
Pennsylvania (Mr. Specter) are necessarily absent.
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the 
Senator from North Carolina (Mr. Edwards), the Senator from Florida 
(Mr. Graham), the Senator from Massachusetts (Mr. Kerry), the Senator 
from Connecticut (Mr. Lieberman), the Senator from Arkansas (Mrs. 
Lincoln), the Senator from Maryland (Ms. Mikulski), and the Senator 
from Georgia (Mr. Miller) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) and the Senator from Arkansas (Mrs. Lincoln) 
would each vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 89, nays 0, as follows:

                      [Rollcall Vote No. 354 Ex.]

                                YEAS--89

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lott
     Lugar
     McCain
     McConnell
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--11

     Biden
     Edwards
     Graham (FL)
     Gregg
     Kerry
     Lieberman
     Lincoln
     Mikulski
     Miller
     Murkowski
     Specter
  The nomination was confirmed.

                          ____________________