[Congressional Record (Bound Edition), Volume 149 (2003), Part 17]
[Senate]
[Pages 24053-24055]
[From the U.S. Government Publishing Office, www.gpo.gov]




    NOMINATION OF PHILLIP S. FIGA, OF COLORADO, TO BE UNITED STATES 
              DISTRICT JUDGE FOR THE DISTRICT OF COLORADO

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the next nomination.
  The legislative clerk read the nomination of Phillip S. Figa, of 
Colorado, to be United States District Judge for the District of 
Colorado.
  The PRESIDING OFFICER. Under the previous order, there are now 2 
minutes of debate equally divided prior to the vote on the nomination.
  Who yields time?
  Mr. ALLARD. Mr. President, I rise today on the occasion of the 
confirmation of Phil Figa to the United States District Court for the 
District of Colorado. I urge my colleagues to vote favorably on Figa's 
confirmation, a man who represents the very best our legal system has 
to offer. The Judiciary is a fundamental institution of our democracy; 
it is given neither force nor will, but merely judgment. Our 
Constitution dictates that the President shall nominate, and by and 
with the advice and

[[Page 24054]]

consent of the Senate, shall appoint judges of the Federal Court. Today 
we can fulfill this obligation by confirming Mr. Figa. With further 
commitment to the country's founding principles, we can move toward 
fulfilling this commitment in regard to all outstanding vacancies. I 
want to thank Chairman Hatch and Senator Leahy for the great speed with 
which Mr. Figa's nomination has moved through the Senate. Nominated by 
the President in June, this vote is a shining example of a process that 
can work when a spirit of bipartisanship triumphs. Chairman Hatch, your 
leadership is truly appreciated.
   In light of recent terrorist attacks, it is readily apparent that we 
face a new age of global unrest, a world in which terror has replaced 
formal declarations of war as the major threat against freedom and 
democracy. A necessary component of providing justice to those who 
would do harm to our nation is to maintain an efficient court system--a 
court equipped with the personnel and resources that enable it to 
fulfill its role as a pillar of our constitutional system of 
governance. Swift punishment serves as a warning to tyranny and a 
deterrent to evil. By filling this vacancy, America continues to show 
its resolve in justice and law.
   Mr. Figa's nomination arose after Judge Richard Matsch, who presided 
over the Oklahoma City bombing trial, went to senior status. Judge 
Matsch's departure leaves big shoes to fill. However, after months of 
background investigations and congressional inquiry, it is obvious that 
Phil Figa is the right person for the job.
   For the past several years. I have had the opportunity to get to 
know Phil's wonderful family. His wife Candy, and their two children, 
Ben and Lizzie, were able to watch their father's job interview before 
the Senate Judiciary Committee last month. I admire the strong family 
values so apparent in every member of the Figa family--it was their 
continued support and encouragement that provided the strength and 
energy he needed in order to stand steadfast in pursuit of this most 
worthy endeavor. Together, the family enjoys the Colorado outdoors, 
spending free time hiking and biking in the mountains. According to 
Criminal defense lawyer Gary Lozow, Figa is a ``thoughtful and bright 
person who will make a good Federal judge and is mindful of the 
awesomeness of taking on that responsibility.''
   The two major newspapers in my home State of Colorado agree. The 
Rocky Mountain News noted, Phil has achieved a rare balance in his life 
of family, law practice and community activities. The Denver Post, in 
an endorsement earlier this year, noted that Figa is a good, solid 
choice for the bench. The Post was encouraged by the fact that Figa's 
background is in civil litigation, which makes up a high percentage of 
the cases handled by Federal judges.
   I am not the only one who believes that his keen intellect and 
temperament is ideal for the bench. In a letter dated June 10, 2003, 
Senator Campbell and I wrote to the committee, ``Mr. Figa is highly 
qualified and will ably serve the people of the United States . . . 
(he) is well known throughout the Colorado legal community for his 
credibility, integrity, hard work and firm grasp of the law.'' His 
supporters hail from across party lines and include a variety of 
elected officials from all levels of local, State, and Federal 
Governments. Of the many gracious comments I have heard about Phil, 
none characterize him better than a statement made by the managing 
partner at his firm. ``He's a very gracious fellow . . . a very likable 
person. He's a gentlemanly character.''
   In Federalist Number 78, Alexander Hamilton wrote that Judges are 
the guardians of the constitution, ``The courts must declare the sense 
of the law; and if they should be disposed to exercise will instead of 
judgment, the consequence would equally be the substitution of their 
pleasure to that of the legislative body.''
   Phil Figa is the guardian we need on the bench of the District Court 
for the District of Colorado. He will serve our Nation with the utmost 
of respect to our country and our constitution, and for this, I urge my 
colleagues to vote favorably on his confirmation.
  Phillip Figa is somebody who has been reviewed by his peers in 
Colorado. He has been reviewed by the American Bar Association. He will 
be a very good individual for the bench and he has bipartisan support.
  I yield the remainder of our time.
  Mr. LEAHY. Mr. President, I yield the remainder of my time.
  The PRESIDING OFFICER. All time has expired.
  The question is, will the Senate advise and consent to the nomination 
of Phillip S. Figa, of Colorado, to be United States District Judge for 
the District of Colorado?
  The nomination was confirmed.
  Mr. HATCH. Mr. President, I am pleased today to speak in support of 
Phillip Figa, who has been confirmed to the United States District 
Court for the District of Colorado.
  Mr. Figa graduated from Cornell Law School in 1976. He then entered 
private practice with Sherman & Howard, where he primarily worked on 
commercial litigation, general business matters and municipal bond 
work.
  In 1980, Mr. Figa became a partner at Burns & Figa, P.C. The firm 
maintained a boutique litigation practice emphasizing complex 
commercial litigation, especially antitrust, contract, real estate and 
other business-related disputes. Mr. Figa's practice also included 
representing lawyers and law firms in a variety of malpractice, ethics, 
attorney fee and disciplinary contexts. Since 1991, Mr. Figa has 
broadened his practice areas to include environmental litigation, 
trademark, oil and gas, health care and employment litigation. Mr. Figa 
has also served as an expert witness in the areas of legal ethics, 
standard of care of lawyers, conflicts of interest, malpractice and 
attorneys fees.
  Mr. Figa enjoys the strong support of his home state senators, and I 
am pleased to join them in support of his nomination.
  Mr. STEVENS. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are laid on the table, and the President shall be 
immediately notified of the Senate's action.
  Mr. LEAHY. Mr. President, tonight we voted unanimously to confirm 
four district court nominees: William Hayes and John Houston to be U.S. 
District Judges for the Southern District of California, Robert Clive 
Jones to be a U.S. District Judge for the District of Nevada, and 
Phillip Figa to be a U.S. District Judge for the District of Colorado.
  I commend the Republican leadership for finally bringing the 
nominations of William Hayes and John Houston of California to the 
floor. These two nominees will be filling vacancies on the busiest 
district court in the nation. The two seats which these men will fill 
have been created to address the growing crisis to the border court in 
San Diego--the federal court with the highest caseload per judge in the 
nation. It is too bad that the Republican leadership chose to move 
nominees from Oklahoma and Texas ahead of these California nominees who 
are desperately needed by the people of the Southern District of 
California due to the high caseload of that court.
  I would also note that the way in which these nominees have come 
forth should be used as a model for the White House to emulate in other 
States and circuits. Senator Diane Feinstein and Senator Barbara Boxer 
worked hard to establish a bipartisan commission in California which 
has recommended these individuals for the Southern District of 
California. I am happy to be able to join the two California Senators 
in confirming these two new judges.
  At the conclusion of the confirmation votes tonight, a total of 64 
judicial nominees of President Bush will be confirmed this year. Adding 
that to the 100 confirmations during 17 months of the Democratic 
majority in the Senate, 164 of President Bush's judicial nominees have 
been confirmed thus far. This

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number of confirmations, 164, is significantly higher than Republicans 
allowed by the third year of President Clinton's second term, the most 
recent presidential term, when they allowed 135 judicial nominees of 
that president to be appointed from 1997 through the end of 1999.
  It also should be noted that when I became chair of the Judiciary 
Committee on July 10, 2001, the Democrats inherited 110 vacant seats in 
the Federal judiciary. In the 17 months of Democratic control, we 
significantly reduced the vacancy rate by confirming 100 of President 
Bush's judicial nominees. Today, there are only 41 vacancies on the 
Federal courts. This is the lowest level reached in 13 years. Had we 
not created 15 new seats this year, that number would be even lower--
down to 26.
  In just the past week, Senate Democrats have worked with the 
Republicans to confirm 10 district court judges and 1 circuit court 
judge. There are a lot of accusations of delay being thrown around but 
the truth is in these plain numbers. With more full-time Federal judges 
on the bench today than any other time in U.S. history, the 
confirmation process is moving forward and judges are being confirmed 
expeditiously with support from Democrats on the Judiciary Committee 
and in the full Senate.

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