[Congressional Record (Bound Edition), Volume 153 (2007), Part 19]
[Senate]
[Pages 26753-26762]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF JENNIFER WALKER ELROD TO BE UNITED STATES CIRCUIT JUDGE 
                         FOR THE FIFTH CIRCUIT

  Mrs. MURRAY. Mr. President, I ask that the Senate proceed to 
executive session to consider Executive Calendar No. 302, as under the 
previous order.
  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nomination, 
which the clerk will report.
  The assistant legislative clerk read the nomination of Jennifer 
Walker Elrod, of Texas, to be United States Circuit Judge for the Fifth 
Circuit.

[[Page 26754]]


  Mrs. MURRAY. Mr. President, I ask unanimous consent for 5 minutes 
under the time of Senator Leahy.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Nomination Of Richard A. Jones

  Mrs. MURRAY. Mr. President, I am honored to come to the floor today 
to speak on behalf of Richard Jones. He is a distinguished lawyer and a 
King County Superior Court judge from my home State. He is a man who 
enjoys broad bipartisan support, and he deserves a seat on the Federal 
bench.
  President Bush nominated Judge Jones to be a district court judge for 
the Western District of Washington State. He is an excellent choice. I 
am very proud to be here this afternoon to support him, and I urge my 
colleagues to support him as well.
  If you were to ask lawyers or judges in my home State about Judge 
Jones, some of the descriptions you would hear are, ``He is admired by 
everyone in the justice system.'' ``He gives respect, and he gets 
respect.'' ``The test of one's performance is the way they handle the 
smaller cases. Richard displays precisely that same degree of 
sensitivity to all who appear before him.''
  The Seattle Times described this nomination by saying:

       This is a lifetime appointment with no room for mistakes, 
     and we believe there is no mistake here.

  I couldn't agree more. Judge Jones has handled some of the most 
difficult cases in western Washington in the past decade and he has won 
the respect of everyone who has come before him. He presided over the 
sentencing of Gary Ridgway, who was known as the ``Green River 
Killer.'' Ridgway pleaded guilty to 48 counts of aggravated first-
degree murder in 2003 and is one of the most prolific serial killers in 
American history. That would be a tough case for any judge, but Judge 
Jones earned praise for the sensitivity and dignity he showed for the 
victims of the Green River killer.
  As a result of that case--and in recognition of his long service to 
Washington State--in 2004, Judge Jones received the ``Judge of the Year 
Award'' from the Asian Bar Association of Washington, from the King 
County Bar Association, from the Washington State Bar Association, and 
from the Washington State Trial Lawyers Association.
  Judge Jones has also been praised by his peers for handling cases far 
out of the media spotlight with the same care and attention. Both 
Senator Cantwell and I assisted the President in choosing Judge Jones 
from a list of very qualified candidates. When I met him, I was so 
impressed with his sensitivity, his professionalism, and his overall 
sense of fairness. Throughout his career, Judge Jones has won high 
praise for his judicial demeanor and for the respect he shows all 
parties.
  In the courtroom, Judge Jones is known for making articulate and 
powerful statements that make clear where he stands. He clearly meets 
the standards of fairness, evenhandedness, and adherence to the law we 
all expect from our Federal judges.
  In his personal background, he graduated from Seattle University and 
the University of Washington School of Law. In private practice, 
Richard Jones successfully represented both plaintiffs and defendants 
in a variety of civil cases. As a State and a Federal prosecutor, he 
had extensive experience prosecuting criminal cases. Most recently, as 
a full-time King County Superior Court judge, Richard Jones has 
distinguished himself and won broad support.
  In addition to all of those professional responsibilities, Judge 
Jones also has been deeply involved in community activities. He served 
as a YMCA board member and mentored minority youths. He has worked in 
the community to expand opportunities for students to pursue legal 
careers by supporting youth-oriented legal programs. Judge Jones has 
shown a commitment to the people of his community, and that is one of 
the reasons why they have shown a commitment to him. Since he was first 
appointed in 1994, the voters of King County have reelected him three 
times. I know I speak on behalf of a large number of people in my 
State's legal and law enforcement community in saying that our Federal 
bench will be stronger with Richard Jones.
  It is my pleasure to be here on the floor this afternoon to support 
his nomination. He has garnered bipartisan support in my State, and I 
am confident that his record of fair and unbiased service will earn him 
a bipartisan vote on the floor of the Senate today. I urge all of my 
colleagues to support this nomination.
  I yield the floor.
  Mr. LEAHY. Mr. President, we have nominations before us for lifetime 
appointments to the Federal bench of Jennifer Walker Elrod of the Fifth 
Circuit, Roslynn Renee Mauskopf for the Eastern District of New York, 
Richard Jones for the Western District of Washington, and Sharion 
Aycock for the Northern District of Mississippi.
  The yeas and nays have not been ordered on any of these, have they?
  The PRESIDING OFFICER. Only the nomination of Ms. Elrod has been 
reported.
  Mr. LEAHY. But no request has been made for the yeas and nays; is 
that correct?
  The PRESIDING OFFICER. That is correct.
  Mr. LEAHY. Mr. President, for the interest of my colleagues, I do not 
anticipate--I do not intend to ask for the yeas and nays on any of 
these. I have discussed this with the distinguished senior Senator from 
Pennsylvania, Senator Specter, and I believe I am authorized to speak 
for him that he is not going to be requesting the yeas and nays.
  Mr. CARDIN. Would my distinguished chairman yield for a moment?
  Mr. LEAHY. Yes.
  Mr. CARDIN. As you know, I am going to be opposing the nomination of 
Jennifer Walker Elrod, but I will not be seeking a record vote.
  Mr. LEAHY. Mr. President, I thank the distinguished Senator from 
Maryland. I know he is going to be speaking on that nomination and 
stating his reasons for opposition, but I wanted it known by both 
leaders that I will not be requesting a rollcall vote on any of these. 
I see the distinguished senior Senator from Mississippi is on the floor 
and I have advised him of that also.
  The Senate continues, as we have all year, to make progress filling 
judicial vacancies when the White House will work with us. The 
nominations before us today for lifetime appointments to the Federal 
bench are Jennifer Walker Elrod for the Fifth Circuit, Roslynn Renee 
Mauskopf for the Eastern District of New York, Richard Jones for the 
Western District of Washington, and Sharion Aycock for the Northern 
District of Mississippi. They each have the support of both home State 
Senators. I thank Senators Murray, Cantwell, Cochran, Lott, Hutchinson, 
Cornyn, Schumer and Clinton for their work in connection with these 
nominations.
  The progress we have made this year in considering and confirming 
judicial nominations is sometimes lost amid the partisan sniping over 
the most controversial nominations.
  If the nominations we consider today are confirmed, the Senate will 
have already confirmed 33 nominations for lifetime appointments to the 
Federal bench this session alone. That is more judicial nominations 
than were confirmed in all of 2005 or 2006 with a Republican majority. 
It is 16 more confirmations than were achieved during the entire 1996 
session, nearly doubling that session's total of 17, when Republicans 
stalled consideration of President Clinton's nominations.
  Judge Elrod would be the Fourth Circuit court nominee confirmed so 
far this year. That is more than the number of President Clinton's 
circuit court nominations confirmed by this time in 1999 with a 
Republican-led Senate and four more than the Republican-led Senate 
confirmed in the entire 1996 session. That was the session in which not 
a single circuit court nominee was confirmed. That is more than were 
confirmed in all of 1993 and equals the total in 1983.
  If the nominations are confirmed today, the Senate will have 
confirmed 21 circuit court nominations and 133 total Federal judicial 
nominees in my

[[Page 26755]]

tenure as Judiciary chairman. During the Bush Presidency, more circuit 
judges, more district judges--more total judges--have been confirmed in 
the first 24 months that I served as Judiciary chairman than during the 
2-year tenures of either of the two Republican chairmen working with 
Republican Senate majorities.
  Today, we consider a nominee to the Fifth Circuit. During the Clinton 
administration several outstanding nominees to the Fifth Circuit were 
pocket filibustered. They included Judge Jorge Rangel of Texas, Enrique 
Moreno of Texas and Alston Johnson of Louisiana. They were pocket 
filibustered without a hearing or committee consideration. In contrast, 
the Judiciary Committee has proceeded with this nomination.
  The Administrative Office of the U.S. Courts will list 44 judicial 
vacancies after today's confirmations. The President has sent us only 
20 nominations for these remaining vacancies. Twenty-four of these 
vacancies--more than half--have no nominee. Of the 16 vacancies deemed 
by the Administrative Office to be judicial emergencies, the President 
has yet to send us nominees for half of them. Of the 15 circuit court 
vacancies, 6--more than a third--are without a nominee. If the 
President would decide to work with the Senators from Michigan, Rhode 
Island, Maryland, California, New Jersey, and Virginia, we could be in 
position to make even more progress.
  We have helped cut the circuit vacancies from a high mark of 32 in 
the early days of this administration, to as few as 13. Contrast that 
with the Republican-led Senate's lack of action on President Clinton's 
moderate and qualified nominees that resulted in increasing circuit 
vacancies during the Clinton years from 17 to 26. During those years, 
the Republican-led Senate engaged in strenuous and successful efforts 
under the radar to keep circuit judgeships vacant in anticipation of a 
Republican President.
  More than 60 percent of current circuit court judges were appointed 
by Republican Presidents, with the current President having appointed 
more than 30 percent of the active circuit judges already.
  Two of the vacancies being filled today are categorized by the 
Administrative Office of the United States Courts as judicial emergency 
vacancies. With these confirmations we will have proceeded to fill 18 
such vacancies this year.
  Jennifer Walker Elrod is a judge on the 190th District Court for 
Harris County, TX, a position she has held since 2002. A native of Port 
Arthur, TX, and a graduate of Baylor University and Harvard Law School, 
Judge Elrod clerked for Judge Sim Lake on the U.S. District Court for 
the Southern District of Texas and spent 8 years in private practice at 
Baker Botts before joining the bench.
  Roslynn Renee Mauskopf has served as U.S. attorney for the Eastern 
District of New York since her 2002 appointment by President Bush. Ms. 
Mauskopf received her B.A. from Brandeis and her law degree from 
Georgetown before spending 13 years as assistant district attorney in 
the New York County District Attorney's Office and serving a stint as 
New York State's inspector general.
  Richard Anthony Jones has been a judge on the King County Superior 
Court since 1994. Previously, Judge Jones, a graduate of Seattle 
University and the University of Washington School of Law, served as an 
assistant U.S. attorney in the Western District of Washington, staff 
attorney for the Port of Seattle, and deputy prosecuting attorney for 
King County, also spending 6 years in private practice at Bogle and 
Gates.
  Sharion Aycock has been a state trial judge on the First Circuit 
Court District in Tupelo, MS, since 2003. A native of Tupelo, MS, Judge 
Aycock, who received her B.A. from Mississippi State University and her 
J.D. from Mississippi College School of Law, served for 8 years as 
Itawamba County prosecuting attorney, and spent time in private 
practice in Mississippi as a solo practitioner and at law firms.
  I congratulate the nominees and their families on their confirmations 
today.
  The Judiciary Committee has reported dozens of measures to the Senate 
that await action, from privacy legislation to war profiteering 
legislation to court legislation, all on a bipartisan basis. Yet we are 
stalled on several important matters.
  I have spoken before of the Republican objection to our going to 
conference to finish work on the Court Security Improvement Act, S. 
378, which the committee reported to the Senate back in March. We had 
to overcome a filibuster just to consider it. It ultimately passed the 
Senate 97 to zero. We are being prevented from going to conference to 
resolve differences with the House by Republican objection.
  I have spoken before about the War Profiteering Prevention Act, S. 
119, what has been stalled for months by unspecified Republican 
objections.
  I have spoken before about the Emmett Till Unsolved Civil Rights 
Crimes Act, S. 535. It was reported unanimously by the Judiciary 
Committee, yet a Republican Senator objected to Senate passage this 
week.
  Similarly there is a modest bill to extend temporary judgeships in 
five districts, S. 1327. That simple bill is likewise being prevented 
from passage by a Republican objection.
  Today, I want to focus on another important measure, the School 
Safety and Law Enforcement Improvement Act.
  Two months ago, the Senate Judiciary Committee originated the School 
Safety and Law Enforcement Improvement Act of 2007, a legislative 
package that responds to the tragic deaths that occurred this past 
April on the campus of Virginia Tech. We tried to show deference to 
Governor Kaine and the task forces at work in Virginia and to 
complement their work and recommendations. Working with several 
Senators, including Senators Boxer, Reed, Specter, Feingold, Schumer, 
and Durbin, the Committee originated this bill and reported it before 
the commencement of the academic year in the hope that the full Senate 
could pass these critical school safety improvements this fall.
  Over the past 2 weeks, Senator Schumer and I have tried separately to 
pass the component of the bill designed to fix flaws in the Nation's 
background check system. Regrettably, our efforts were blocked by a 
single Senator.
  I do not think the Senate should continue to stand by and wait for 
the next horrific school tragedy to make the critical changes necessary 
to insure safety in our schools and on our college campuses. Risks of 
school violence will not go away just because Congress may shift its 
focus. In just the last few weeks we have seen tragedy at Delaware 
State and Memphis, as well as incidents in California and New York. I 
urge the Senate to move aggressively with the comprehensive school 
safety legislation.
  It includes background check improvements together with other 
sensible yet effective safety improvement measures supported by law 
enforcement across the country. Accordingly, I urge the Senate to take 
up and swiftly pass S. 2084. If we are prohibited by objection from 
doing so by unanimous consent, then let us move to it and let those 
with objections seek to amend those provisions to which they object.
  There are too many incidents at too many colleges and schools 
nationwide. This terrorizes students and their parents. We should be 
doing what we can to help. Just this past week, a troubled student 
wearing a Fred Flintstone mask and carrying a rifle through campus was 
arrested at St. John's University in Queens, NY, prompting authorities 
to lock down the campus for 3 hours.
  The next day, an armed 17-year-old on the other side of the country 
in Oroville, CA, held students hostage at Las Plumas High School, which 
also resulted in a lock-down. The students in these situations escaped 
with their lives.
  University of Memphis student Taylor Bradford was not so lucky. He 
was killed on campus this past Sunday morning in what university 
officials believe was a targeted attack. He was 21 years old. Shalita 
Middleton and Nathaniel Pew were not so lucky. They

[[Page 26756]]

were both wounded during an incident at Delaware State and are still 
hospitalized from the gun shot wounds with Ms. Middleton still in 
serious condition. They are each only 17 years old.
  The School Safety and Law Enforcement Improvement Act responds 
directly to incidents like these by squarely addressing the problem of 
violence in our schools in several ways. The bill enlists the States as 
partners in the dissemination of critical information by making 
significant improvements to the National Instant Background Check 
System, known as the NICS system. The bill also authorizes Federal 
assistance for programs to improve the safety and security of our 
schools and institutions of higher education, provides equitable 
benefits to law enforcement serving those institutions, and funds pilot 
programs to develop cutting-edge prevention and intervention programs 
for our schools. The bill also clarifies and strengthens 2 existing 
statutes--the Terrorist Hoax Improvements Act and the Law Enforcement 
Officers Safety Act--which are designed to improve public safety.
  Specifically, title I would improve the safety and security of 
students both at the elementary and secondary school level, and on 
college and university campuses. The K-12 improvements are drawn from a 
bill that Senator Boxer introduced in April, and I want to thank 
Senator Boxer for her hard work on this issue. The improvements include 
increased funding for much-needed infrastructure changes to improve 
security as well as the establishment of hotlines and tip-lines, which 
will enable students to report potentially dangerous situations to 
school administrators before they occur.
  To address the new realities of campus safety, title I also creates a 
matching grant program for campus safety and security to be 
administered out of the COPS Office of the Department of Justice.
  The grant program would allow institutions of higher education to 
apply, for the first time, directly for Federal funds to make school 
safety and security improvements. The program is authorized to be 
appropriated at $50,000,000 for the next 2 fiscal years. While this 
amounts to just $3 per student each year, it will enable schools to 
more effectively respond to dangerous situations on campus.
  Title II of the bill seeks to improve the NICS system. The senseless 
loss of life at Virginia Tech revealed deep flaws in the transfer of 
information relevant to gun purchases between the States and the 
Federal Government. The defects in the current system permitted the 
perpetrator of this terrible crime to obtain a firearm even though a 
judge had declared him to be a danger to himself and thus ineligible 
under Federal law.
  Seung-Hui Cho was not eligible to buy a weapon given his mental 
health history, but he was still able to pass a background check 
because data was missing from the system. We are working to close gaps 
in the NICS system. Title II will correct these problems, and for the 
first time will create a legal regime in which disqualifying mental 
health records, both at the State and Federal level, would regularly be 
reported into the NICS system.
  Title III would make sworn law enforcement officers who work for 
private institutions of higher education and rail carriers eligible for 
death and disability benefits, and for funds administered under the 
Byrne grant program and the bulletproof vest partnership grant program.
  Providing this equitable treatment is in the best interest of our 
Nation's educators and students and will serve to place the support of 
the Federal Government behind the dedicated law enforcement officers 
who serve and protect private colleges and universities nationwide. I 
commend Senator Jack Reed for his leadership in this area.
  Title IV of the bill makes improvements to the Law Enforcement 
Officers Safety Act of 2003. These amendments to existing law will 
streamline the system by which qualified retired and active officers 
can be certified under LEOSA. It serves us all when we permit qualified 
officers, with a demonstrated commitment to law enforcement and no 
adverse employment history, to protect themselves and their families 
wherever they may be.
  Title V incorporates the PRECAUTION Act, which Senators Feingold and 
Specter asked to have included. This provision authorizes grants to 
develop prevention and intervention programs for our schools.
  Finally, title VI incorporates the Terrorist Hoax Improvements Act of 
2007, at the request of Senator Kennedy.
  Let us go forward and act now on this important bill. The Virginia 
Tech Review Panel--a body commissioned by Governor Tim Kaine to study 
the Virginia Tech tragedy--recently issued its findings based on a 4-
month long investigation of the incident and its aftermath. This bill 
would adopt a number of recommendations from the Review Panel aimed at 
improving school safety planning and reporting information to NICS.
  We must not miss this opportunity to implement these initiatives 
nationwide, and to take concrete steps to ensure the safety of our 
kids.
  I recognize that there is no panacea to end the sad phenomenon of 
school violence. The recent tragedies should prompt us to respond in 
realistic and meaningful ways when we are presented with such 
challenges. I hope the Senate can promptly move this bill forward to 
invest in the safety of our students and better support law enforcement 
officers across the country.
  Mr. President, I apologize to my colleagues for my voice. We seem to 
have enough matter in the air to affect it. I look forward to the fact 
that in a couple of days I will be in Vermont where the air is much 
nicer, although I do love this area. I once had a longtime resident of 
Washington, DC, sitting on the front lawn of my farm in Middlesex, VT, 
looking out over miles of valleys surrounded by mountains. You don't 
see another person, just this magnificent view. It was a clear day.
  I said to him: There, what do you think of that view?
  He said: I don't like it.
  I said: What do you mean? You came here from Washington, and you are 
seeing one of the most beautiful views anywhere in the State of 
Vermont, and you don't like it? What don't you like about it?
  He said: I don't trust air that I cannot see.
  Well, we cannot see the air there, but, boy, we can breathe it. I 
enjoy that.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.
  Mr. SPECTER. Mr. President, I yield 5 minutes to the Senator from 
Mississippi and then 5 minutes to the Senator from Texas.
  The PRESIDING OFFICER. The Senator from Mississippi is recognized.
  Mr. LEAHY. Mr. President, I will yield 15 minutes to the Senator from 
Maryland following that.


                   Nomination of Judge Sharion Aycock

  Mr. COCHRAN. Mr. President, I am pleased to support the nomination of 
Judge Sharion Aycock and recommend her confirmation as U.S. district 
court judge for the Northern District of Mississippi.
  Judge Aycock is exceptionally well qualified by reason of her 
education, her experience, and her temperament to serve as a U.S. 
district court judge. As a lawyer, she was highly respected, and as a 
judge on our State court that has general, civil, and criminal 
jurisdiction, she has served with competence and distinction and with a 
keen sense of fairness. She will reflect great credit on the Federal 
judiciary, in my opinion. Judge Aycock has earned the respect and 
admiration of her fellow lawyers, as well as the judges who have worked 
with her. She has been selected to serve in many professional and 
community positions of trust and responsibility.
  The American Bar Association's Standing Committee on the Federal 
Judiciary unanimously concluded that she is ``well qualified'' to serve 
as a Federal district court judge. This is the highest rating a 
judicial nominee can receive from the American Bar Association.
  She was born and raised in the northeast Mississippi town of Tremont 
in Itawamba County, where she graduated

[[Page 26757]]

from high school with honors and was elected President of the student 
body.
  She also graduated with honors from Mississippi State University in 
1977, studying economics and political science. While a student there, 
she was selected for membership in Phi Kappa Phi, the Nation's oldest 
and largest honor society. She was inducted into the Mississippi State 
University Hall of Fame, the university's highest undergraduate honor. 
She also served as President of her social sorority.
  She received her law degree from the Mississippi College School of 
Law, where she served as co-editor in chief of the Law Review and as 
treasurer of the Student Body Association. She graduated second out of 
a class of 146 and was admitted to practice law by the Mississippi 
State Bar.
  After graduating from law school, Ms. Aycock returned to Itawamba 
County and started her own practice in 1984. During her 12 years of law 
practice, she represented the Itawamba County Board of Supervisors and 
the Board of Education, the town of Tremont, the city of Fulton, and 
the Northeast Mississippi Natural Gas District. She served as the 
Itawamba County prosecuting attorney from 1984 to 1992 and was honored 
as the State's most distinguished juvenile justice professional.
  Judge Aycock was elected circuit court judge for the First Circuit 
Court District of Mississippi in November 2002. She was unopposed when 
she sought reelection 4 years later, in November 2006.
  Except for statewide elected officials, trial judges have the largest 
geographic areas of responsibility in our State under their 
jurisdiction. The fact that she was unopposed when she was reelected in 
2006 means that many people respected and appreciated the tremendous 
job she had done as a trial judge. Her court's docket is one of the 
busiest in the State of Mississippi, and it is also one of the largest 
districts, encompassing seven counties.
  During her tenure on the circuit court, Judge Aycock has had the 
opportunity to hear numerous criminal and civil cases, covering a broad 
range of subjects. She has expedited the work of the court, both on the 
civil and criminal dockets. She led the court in disposing of civil 
cases and the collection of fines and criminal cases.
  She has contributed substantially to the improvement of the 
administration of justice in our State and in the betterment of her 
community.
  She has been an active member of local and State bar associations. 
She served as First Judicial District secretary and president and was 
the first woman to serve as president of the Mississippi Bar 
Foundation, an organization dedicated to the improvement of the 
administration of justice in our State. She is also a fellow of the 
Mississippi Bar Foundation.
  She served as president of the Itawamba County Development Council, 
as a member of the Itawamba County Hospital Foundation, and as cochair 
of the Itawamba County March of Dimes.
  Senator Lott and I recommended the nomination of Judge Aycock in 
December of 2006. I am pleased that the President nominated Judge 
Aycock and that the Senate Judiciary Committee has recommended the 
approval of her nomination.
  I urge Senators to vote to confirm this well-deserved nomination.
  Mr. LOTT. Mr. President, it is my pleasure to have this opportunity 
to speak on behalf of Judge Sharion Aycock in advance of her 
confirmation vote. Judge Aycock is the first female jurist from 
Mississippi to be nominated to a position on the Federal bench, and I 
am delighted that the President has chosen her to serve on the United 
States District Court for North Mississippi.
  Judge Aycock was born and raised in Tremont, MS. After graduating 
with honors from Tremont High School, she went on to attend Mississippi 
State University where she graduated with a degree in political 
science. Judge Aycock then earned her law degree from the Mississippi 
College School of Law, where she served as Co-Editor-in-Chief of the 
Mississippi College Law Review and finished 2nd in her class.
  Following law school, Judge Aycock was employed by the A.T. Cleveland 
Law Office in Fulton, MS, and later opened her own practice. While in 
private practice, she represented the Itawamba County Board of 
Supervisors, Itawamba County Board of Education, Town of Tremont, City 
of Fulton, and the Northeast Mississippi Natural Gas District. She also 
served as the Itawamba County Prosecuting Attorney from 1984 to 1992.
  Judge Aycock has been extremely active in her local community serving 
as Past President of the Itawamba County Development Council, a Member 
of the Itawamba County Hospital Foundation, a Member of the Three 
Rivers Area Health Services, Inc., Co-Chairman of the Itawamba County 
March of Dimes, and Chairman of the Prairie Girl Scouts Capital Fund 
Drive for Itawamba County. She was chosen as the ``Itawamba County Good 
Citizen of 2000'' and selected as one of the Mississippi Business 
Journal's ``Top 40 Under 40.''
  In addition to being heavily involved in her local community, Judge 
Aycock has been an active member in the Mississippi Bar Association. 
She served as First Judicial District President and Secretary, and was 
honored as a Fellow of the Mississippi Bar Foundation.
  During her professional career, she has also received several 
gubernatorial appointments, including appointments to the Board of the 
Mississippi Home Corporation; Board Member and Past Chairman of the 
Mississippi State Personnel Board; and a Member of the Governor's 
Commission on Youth and Children.
  Judge Aycock is currently Circuit Court Judge of the First Circuit 
Court District of Mississippi, a position she was elected to in 
November of 2002. During her tenure, Judge Aycock has had the 
opportunity to hear numerous criminal and civil cases covering a broad 
range of subject matter and complexity. She has presided over countless 
criminal cases, including capital murder, murder, manslaughter, and 
numerous drug offenses. Civil cases have included medical malpractice, 
contracts, fraud and misrepresentation, personal injury, and other 
suits for monetary damages.
  I believe that Judge Aycock will serve as a credit to both the 
Federal bench and to the State of Mississippi. I look forward to her 
confirmation.
  The PRESIDING OFFICER. The Senator from Texas is recognized.


               Nomination of Judge Jennifer Walker Elrod

  Mr. CORNYN. Mr. President, I am reminded of a quote from Daniel 
Webster when he said that ``justice is the greatest aspiration of man 
on earth.'' I think the reason we take these judicial nominations so 
seriously is because the judiciary--the people who wear the black 
robe--is the personification of that aspiration for justice.
  Today, it gives me great pleasure to speak in support of the 
nomination of Judge Jennifer Elrod of Houston to the U.S. Court of 
Appeals for the Fifth Circuit. In a few moments, the Senate will vote 
on her nomination.
  As Judge Elrod's career makes clear, she is well qualified for a seat 
on the Federal appellate bench. She has demonstrated the legal acumen, 
the judicial temperament, and dedication to public service which the 
Senate wisely requires of all judicial nominees.
  Since 2002, Judge Elrod has been a State district court judge, 
serving on the 190th District Court in Harris County, TX. As a trial 
judge, she has presided over more than 200 jury and nonjury trials. 
Before that, Judge Elrod practiced law in Houston, TX, in the trial 
department of Baker Botts, a top national law firm.
  Judge Elrod is known for her outstanding intellect, her strong work 
ethic, her integrity, and her courteous demeanor. She has an 
outstanding record as a practicing attorney and as an active State 
court judge. She has demonstrated an impressive commitment to public 
service and pro bono work throughout her career.
  Both while in private practice and while serving the people of Texas 
as a trial judge, Judge Elrod has dedicated much of her free time to 
improving the lives of those less fortunate in the community.

[[Page 26758]]

  Even with the demands of a career in the law, she also found time to 
serve as a board member and chairwoman of the Gulf Coast Legal 
Foundation, now called Lone Star Legal Aid. This organization serves 
more than 1 million low-income Texans, making it the fourth largest 
legal aid program in the Nation. She also served as general counsel to 
Communities in Schools in Houston and as the cochair of the Houston 
Volunteer Association's Legal Hotline.
  As a judge, she assisted the Houston Bar Association with numerous 
fundraising activities aimed at providing scholarships for diversity 
and equal access to justice. Judge Elrod dedicated her time to hosting 
and mentoring legal interns from less-privileged backgrounds, opening 
her courtroom to them and teaching these young men and women valuable 
oral advocacy skills. She has been an active participant in the Texas 
Access to Justice Commission, helping young lawyers to provide legal 
services to indigent clients.
  Mr. President, I know of few lawyers, much less judicial nominees, 
with such an outstanding record of consistent commitment to pro bono 
services and public service.
  While my colleagues undoubtedly will acknowledge the importance of 
Judge Elrod's career achievements and dedication to her community, we 
also recognize that the most important attributes of a judicial nominee 
are their temperament and commitment to the rule of law. Above all 
else, a judge must faithfully interpret and apply the law as written 
and not as they wish we in Congress should have written it. I am 
confident Judge Elrod has demonstrated her ability to fairly and 
impartially resolve cases before her.
  Her demonstrated fairness and respect for all is a key reason why her 
nomination is supported across the Houston legal community. She has the 
personal endorsement of the past and current presidents of the Houston 
Bar Association, the Hispanic Bar Association of Houston, and the 
Mexican American Bar Association of Houston, which are just a sampling 
of the broad base of her support. By all accounts, Judge Elrod has 
exercised her judicial duties with nothing but neutrality and a 
commitment to fundamental fairness for every litigant before her.
  In sum, Judge Elrod is an accomplished lawyer and judge of high 
character and uncommon integrity. I am honored to enthusiastically 
recommend to the Senate that it vote to confirm her to the U.S. Court 
of Appeals for the Fifth Circuit. I am confident she will serve this 
Nation with honor and distinction.
  Let me say in closing how much I appreciate the chairman of the 
Judiciary Committee, Senator Leahy, for giving Judge Elrod a timely 
hearing and for putting it on the markup on the Judiciary Committee 
schedule. I appreciate the majority leader, Senator Reid, for allowing 
this nomination to come forward to the floor so we can give this good 
judge a vote very soon, I hope.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland is recognized.
  Mr. CARDIN. Mr. President, I serve on the Judiciary Committee, and 
Chairman Leahy asked that I chair the nomination hearings, the 
confirmation hearings on the three judges whom we are considering 
today.
  I agree completely with our colleagues from the State of Washington 
and the State of Mississippi. I think Richard Jones is well qualified 
and should be confirmed for the U.S. District Court in the Western 
District of Washington.
  I think Sharion Aycock is well qualified, and I strongly support her 
confirmation to the District Court in Mississippi.
  In regard to Jennifer Walker Elrod, for the U.S. Circuit Court for 
the Fifth Circuit, I opposed her nomination in the Judiciary Committee, 
and I take this time to explain to my colleagues why I believe she 
should not be confirmed.
  Let me begin by saying that I agree with my friend from Texas about 
Judge Elrod's commitment to pro bono legal services. She served as 
chair of the board of the Gulf Coast Legal Foundation, now known as 
Loan Star Legal Aid, the largest provider of pro bono services in 
southeast Texas. That is important to me because I think all lawyers 
have a responsibility to help out to make sure our system is available 
to all.
  After serving 8 years in private practice as an associate of Baker 
Botts in Houston, TX, she was appointed to the bench by the Governor in 
2002 as a judge, the 190th District Court in Houston, TX. She was 
reelected to the bench in 2006.
  However, no one is entitled to a circuit court judgeship. In the vast 
majority of cases, these courts are the final law of the land for the 
States in their circuit when it comes to interpreting complex Federal 
statutes and our Constitution. These judges have lifetime appointments 
and are second only to the Supreme Court Justices in terms of their 
power and authority.
  I think we need to exercise a higher standard when we look at the 
confirmation of our appellate court judges. In many cases, they will be 
the final arbitrators of disputes among the people of our States.
  In meeting with Judge Elrod, chairing her nomination hearings, and 
reviewing her written responses to additional questions I posed to her, 
I am not convinced Judge Elrod has the experience for this position.
  I start with the undisputed fact about Judge Elrod's record. By her 
own admission, Judge Elrod has never written a single judicial opinion. 
In response to the Judiciary Committee's questionnaire asking for her 
opinions as a judge, she stated: ``I do not write opinions, I sign 
orders.'' She provided over 6,000 orders to the committee, but most are 
one-page documents that do not contain any discussion of substantive 
law. Indeed, Judge Elrod said that most questions in our committee 
questionnaire about her judicial opinions were not applicable to her 
because certiorari was not granted in any of her cases; appellate 
opinions or orders rarely reviewed her orders and decisions; she had no 
list of unpublished opinions; and she never sat on a judicial panel 
with other colleagues deciding cases. In short, we have no record of 
her ability to write opinions or the rationale for her decisions.
  A nominee for circuit court judge should have experience in writing 
substantive judicial opinions. Judge Elrod does not have this requisite 
experience.
  Judge Elrod, by her own admission, has very little experience in 
criminal cases. When she litigated at Baker Botts for 5 years, she 
responded that her practice involved ``100 percent civil proceedings'' 
and ``0 percent criminal proceedings.'' Her current job as a judge on 
the 190th District Court of Houston, TX, involves almost exclusively 
civil cases.
  A nominee for circuit court judge should have broad experience in 
both criminal and civil cases. Her work in a handful of pro bono cases 
does not give me confidence that she has sufficient understanding of 
the criminal justice system and the rights of defendants. In fact, her 
major initiative in criminal issues involved the amicus brief in the 
case of Texas v. Cobb before the Supreme Court, in which she argued 
that the sixth amendment only applies to ``charged offenses'' and 
therefore a police interrogation without counsel about a subsequent 
offense was admissible. She did not further explain her views about 
this case in her written responses to our committee.
  Judge Elrod, by her own admission, has very little experience in 
Federal court. In response to the committee questionnaire, she stated 
that her private practice involved ``80 percent state court'' cases and 
``20 percent federal'' cases. Her current job as a State district court 
judge involves almost exclusively State issues.
  A nominee for circuit court judge should have broad experience on 
Federal court issues and in the complex questions, often of first 
impression, of Federal law, statutory law, and constitutional 
interpretation that are routinely raised.
  Judge Elrod, by her own admission, has very little experience in 
appellate litigation, with exception of the Cobb case noted above. Her 
current job as a State district court judge involves exclusively trial 
level proceedings.

[[Page 26759]]

  A nominee for the circuit court--this is our appellate court, our 
second highest court--who handles these types of cases should have 
significant experience in appellate work.
  Judge Elrod, by her own admission, does not ``write opinions.'' She 
``signs orders.'' Given that circuit court judges are often the final 
say on law of the land in a given circuit--due to the low rate of 
granting certiorari by the Supreme Court--a circuit court judge has an 
unusual amount of authority and decisionmaking power.
  We do not have any track record by which to weigh Judge Elrod's views 
on substantive legal issues, such as civil rights, civil liberties, 
workers' rights, reproductive freedom, environmental protection, 
consumers' rights, or employees' rights.
  The speeches Judge Elrod provided for the record did not shed any 
more light on her opinions on substantive legal issues. She stated she 
did not have notes for many of her speeches. She also has not written 
any substantive legal or journal articles on complex legal or policy 
issues. Judge Elrod does not meet my test for Federal judicial nominees 
since she does not have the requisite experience for an appellate 
judge.
  I want to talk about a separate issue. I talked about experience, 
which I think is important for a nominee who wants to serve on our 
appellate courts. I also think the issue of diversity is an important 
issue that needs to be talked about in this Chamber.
  I wish to talk about the issue of diversity in the Fifth Circuit 
Court of Appeals. The U.S. Court of Appeals for the Fifth Circuit, 
which includes Mississippi, Louisiana, and Texas, presides over the 
largest percentage of minority residents, 44 percent, which includes 
African Americans and Latino citizens, of any regional circuit courts 
of appeal in this country outside of Washington, DC.
  Mississippi has the highest African-American population, 36 percent, 
of any State in the country. Louisiana has the second largest African-
American population, at 32 percent, of any State in this country. It is 
disappointing that none of President Bush's 10 nominations to the 
Federal bench in this circuit were African American. Of the 19 Federal 
judges who now sit on the Fifth Circuit Court of Appeals, only one is 
African American.
  We all agree that diversity at all levels of our judicial system is 
important. Most recently, we have seen mass protests over double 
standards in our criminal justice system used to treat African American 
and White youths in Jena, LA. Surely, in 2007 we can do better.
  I take this time to point out that when the President submits a 
nominee for the appellate court, our second highest court, I expect 
that nominee will have the type of experience that is appropriate for a 
judge to be on the appellate court. I certainly am disappointed by the 
President's nominations on this circuit as it relates to diversity. I 
wanted to make sure that was included in the Record.
  Mr. President, I reserve the remainder of my time.
  Mr. SPECTER. Mr. President, I yield 5 minutes to the Senator from 
Texas.
  The PRESIDING OFFICER (Mr. Nelson of Florida). The Senator from Texas 
is recognized for 5 minutes.
  Mr. CORNYN. Mr. President, I thank the distinguished ranking member.
  I certainly respect the right of the Senator from Maryland to express 
his views. I do want to put this in some context.
  I don't know if it is a unique experience currently in the Senate, 
but perhaps it is currently that I am the only Member of the Senate who 
actually served for 13 years as a State judge, both on our State trial 
bench and the supreme court. That does not give me any particular 
qualifications other than to say what it means to have served in those 
capacities, as Judge Elrod has for 5 years. She worked also as a clerk 
for a U.S. district judge, Judge Sim Lake, for 2 years.
  I hope we are not saying that it is a prerequisite for confirmation 
to the job of an appellate judge that one actually has to have served 
as an appellate judge. Of course, rarely do any of us have experience 
in the jobs to which we are assigned or to which we are elected or to 
which we are hired until we have actually had a chance to perform that 
job. What we look at is not whether they have actually done that job 
before, but whether they have done a good job of everything they have 
taken on previously.
  By that standard, Judge Elrod not only has an impressive resume for a 
lawyer of her age, but she has demonstrated her competence, indeed, her 
excellence as a State district court judge.
  I have some sensitivity to the suggestion that she does not have 
lengthy enough experience, alluding to her relative youth. I remember 
when I became a State district judge, I was 32 years old. But, more 
importantly, of the 19 judges currently serving on the Fifth Circuit 
Court of Appeals, 10 were in their forties or younger when appointed; 
three were 41--Judge Elrod's age--or younger. Judge Edith Jones, the 
chief judge of the Fifth Circuit, was 36 when confirmed by the Senate.
  Judge Higginbotham, to whose vacancy Judge Elrod is nominated, was 
44, and Judge Sim Lake, with whom Judge Elrod clerked, was 44 when he 
was appointed.
  I also think of the members of the Judiciary Committee in the Senate 
who have been elected to important positions of responsibility. My 
recollection is--and I have to rely on the distinguished Senator from 
Maryland to remind me--but I think he was one of the youngest, if I am 
not mistaken, speakers of the Maryland House ever elected. He was 
elected at a young age, and that is to his great credit.
  The fact is, age alone should not determine competence for these 
jobs. I think the demonstrated public service and record of excellence 
is sufficient.
  I appreciate the Senator from Maryland acknowledging her tremendous 
record of pro bono service. That is a record of service above and 
beyond the call of duty which I think demonstrates Judge Elrod's 
commitment.
  Finally, on the issue of diversity, I note that Judge Higginbotham, 
who currently occupies the seat to which Judge Elrod has been nominated 
and will serve, is somebody who looks like me. He is a White male. I 
think we ought to celebrate the fact that a woman of Judge Elrod's 
capability and experience has been deemed qualified by the President of 
the United States and by the Senate Judiciary Committee to serve in 
this important position. I think that counts for some diversity.
  I do share the concerns of the Senator from Maryland that too few 
African Americans are attending law school. It reduces the pool of 
potential applicants for people to serve in positions on the judiciary, 
and we need to do more to try to encourage and facilitate that 
situation. But I certainly would not hold it against Judge Elrod that 
she is not an African American. I think she is qualified on the merits.
  I appreciate the Senator from Pennsylvania, the distinguished ranking 
member, giving me a few minutes to explain, perhaps, another side of 
the story.
  Mr. WHITEHOUSE. Mr. President, will the Senator yield for a question?
  Mr. CORNYN. I will.
  Mr. WHITEHOUSE. Mr. President, I know the distinguished Senator from 
Texas was also an attorney general of his State. I wonder if in that 
capacity the staff who served the appellate function in the attorney 
general's office, a solicitor general, are separate and he recognizes 
appellate practice, in many ways, is a specialized skill in that 
context, and I wonder what appellate argument experience the candidate 
for the Fifth Circuit Court of Appeals has?
  Mr. CORNYN. Mr. President, the distinguished questioner, the Senator 
from Rhode Island, is himself a distinguished lawyer and a former 
attorney general with whom I served as a State attorney general. He 
knows as well as I do that a trial judge and a trial lawyer have to 
craft written and legal arguments the same way as an appellate lawyer 
does. Those are the same basic skills that Judge Elrod brings to her 
job.
  It is true, when I became attorney general of my State, I created an 
Office

[[Page 26760]]

of Solicitor General, recognizing the increasingly specialized nature 
of appellate practice.
  Again, I believe Judge Elrod, by virtue of her extensive trial 
experience, the fact she graduated at the top of her class from law 
school and undergraduate school, served with one of the premier law 
firms in the Nation and with distinction as a trial judge, more than 
adequately qualifies her for this new responsibility.
  Mrs. HUTCHISON. Mr. President, I rise today in strong support of the 
nomination of Judge Jennifer Elrod to serve on the Fifth Circuit Court 
of Appeals.
  Back in July, I was proud to introduce Judge Elrod, a fellow Texan, 
at her Senate Judiciary Committee hearing.
  Judge Elrod is a highly accomplished judicial nominee, with a 
distinguished record as a state court judge and as a practicing 
attorney. I am confident she will capably serve as a federal appelate 
judge for the Fifth Circuit.
  Judge Elrod has shown her judicial capability in the 190th District 
Court in Houston, TX, where she currently presides. At present, she 
manaages a docket of over 1,000 cases, and leads all Harris County 
civil district judges in the number of jury cases tried to verdict 
since 2005.
  Prior to serving on the bench, Judge Elrod practiced at Baker Botts 
LLP, a top national firm, where she worked for 8 years on litigation 
matters including antitrust, employment law, commercial litigation, 
toxic tort, general civil litigation, and personal injury defense. She 
also served as a law clerk to the Honorable Sim Lake in the Southern 
District of Texas.
  Judge Elrod's outstanding intellect is evidenced by her exceptional 
academic credentials, graduating cum laude from Harvard Law School, and 
magna cum laude with distinction from Baylor University in Texas.
  Judge Elrod has long been dedicated to pro bono service and 
charitable causes, and she is the former chair of the Gulf Coast Legal 
Foundation, the largst provider of pro bono legal assistance to 
indigent people in the Texas gulf coast region. She was recently 
commended by the Texas Access to Justice Commission for her service in 
facilitating the advocacy skills of lawyers who represent poor and low 
income Texans.
  Judge Elrod has also been an active member in both the Texas State 
Bar and the Houston Bar Association, with particular service in the 
areas of Continuing Legal Education and the Administration of Justice.
  She is two-time recipient of the President's Award fo Outstanding 
Service to the Houston Bar Association, and she was awarded the 
outstanding Young Lawyer of Houston in 2004 by the Houston Young 
Lawyers Association.
  I am honored to support the confirmation of Judge Jennifer Elrod 
because she meets the high standards to which we hold all judicial 
nominees.
  She has an impressive record of public service, work ethic, 
integrity, and she will bring great honor to the Federal bench.
  I encourage my colleagues to approve her nomination.
  We must also fill the other two vacancies on the Fifth Circuit.
  The President has nominated two highly accomplished individuals, 
Catharina Haynes, and Leslie Southwick, to fill those vacancies--and 
they deserve a fair and speedy confirmation process.
  The PRESIDING OFFICER. Who yields time?
  Mr. SPECTER. Mr. President, how much time remains?
  The PRESIDING OFFICER. The Senator has 22 minutes 40 seconds.
  Mr. SPECTER. Mr. President, I support the nomination of Jennifer 
Walker Elrod for the Fifth Circuit Court of Appeals. She has an 
excellent academic record: magna cum laude from Baylor, where she was 
Phi Beta Kappa and cum laude from Harvard Law School. She has served as 
an adjunct faculty member at the University of Houston Law Center. She 
has been in the practice of law for some 15 years, spending 8 years at 
the law firm Baker Botts. She has done extensive pro bono work 
including as general counsel for the Communities in Schools in Houston. 
She has extensive participation in the bar association. She's a member 
of the Mexican-American Bar Association of Houston and the Houston Bar 
Association. I believe her record qualifies her for the circuit court, 
notwithstanding the considerations of age and experience.
  Mr. CARDIN. Mr. President, will my colleague yield for one 
clarification on that point?
  Mr. SPECTER. I do.
  Mr. CARDIN. I want to make it clear for the record that I have never 
at all challenged this nominee for the appellate court on age. I have 
never raised the issue of age, and I would never raise the issue of 
age.
  Mr. SPECTER. I thank the Senator from Maryland for that statement.
  Judge Jennifer Walker Elrod was nominated to a seat on the Fifth 
Circuit Court of Appeals on March 29, 2007, and a hearing was held on 
her nomination on July 19, 2007. Her nomination was reported favorably 
to the full Senate on September 20, 2007.
  Judge Elrod received her B.A., magna cum laude, in economics from 
Baylor University in 1988, where she was Phi Beta Kappa and was named 
the ``Outstanding Graduating Senior in the Honors Program.''
  In 1992, she received her J.D., cum laude, from Harvard Law School. 
At Harvard, she was a senior editor and the assistant business manager 
for the Harvard Journal of Law and Public Policy, and she was a 
finalist in the James Barr Ames Moot Court Competition.
  After law school, Judge Elrod served as a law clerk to Judge Sim Lake 
of the United States District Court for the Southern District of Texas.
  Following her clerkship, Judge Elrod practiced law in the litigation 
department of Baker Botts in Houston, TX.
  In 2002, Governor Rick Perry appointed Judge Elrod to the 190th 
District Court in Harris County, TX, a State trial court. She was 
subsequently elected to the position in the 2002 general election and 
was reelected unopposed in 2006.
  During her time on the bench, Judge Elrod presided over more than 200 
jury and nonjury trials.
  Judge Elrod has been dedicated to pro bono service and charitable 
causes her entire career. While working at Baker Botts, the firm gave 
her the Thomas Gibbs Gee Award for outstanding pro bono work. She also 
received the President's Award from the Houston Bar Association for 
Outstanding Service to the Bar.
  While in private practice, Judge Elrod served as a board member and 
the chair of the board of the Gulf Coast Legal Foundation, now Lone 
Star Legal Aid, which is one of the largest providers of legal aid 
services to the poor in Texas.
  The vacancy to which she is nominated is considered a ``judicial 
emergency'' by the nonpartisan Administrative Office of the Courts.
  The American Bar Association unanimously rated Judge Elrod 
``qualified.''


                     Nomination of Richard A. Jones

  Richard Jones comes to the Senate with an extraordinary record. He 
has been in the active practice of law since graduating from the 
University of Washington Law School in 1975; has been a prosecuting 
attorney for King County, WA; staff attorney for the Port of Seattle 
legal department. He has extensive community service activities with 
the board of directors of the YMCA in greater Seattle, and was 
president of that organization; and has been recommended by the 
American Bar Association as unanimously ``well qualified.''
  President Bush nominated Judge Richard A. Jones to be a U.S. District 
Court Judge for the Western District of Washington on March 19, 2007. A 
hearing was held on his nomination on July 19, and the Judiciary 
Committee reported his nomination favorably on September 6.
  He is an experienced litigator and jurist with an extensive record of 
public service.
  Judge Jones graduated from Seattle University in 1972. He graduated 
from the University of Washington School of Law in 1975.
  After law school, he worked as a deputy prosecuting attorney for the 
King

[[Page 26761]]

County Prosecuting Attorney's office. There he prosecuted a wide 
variety of cases in matters ranging from DWI to murder prosecutions.
  In 1978, he became a staff attorney with the Port of Seattle Legal 
Department. There he served as one of two in-house counsel providing 
legal advice and management services to all legal departments, with 
primary responsibility for the human resources, police, and fire 
departments.
  In 1983, Judge Jones joined Bogle and Gates, one of the oldest and 
largest firms in Seattle, as an associate. There he managed cases in 
the firm's litigation and labor departments, primarily in the area of 
corporate commercial litigation.
  From 1988 to 1994, Judge Jones served as an assistant U.S. attorney 
for the Western District of Washington. His work there entailed 
investigating and prosecuting major crimes such as bank robberies and 
fraud, as well as several years of work with the Drug Prosecution 
Division of the U.S. attorney's office.
  In 1994, he was appointed King County Superior Court Judge to fill 
the term of a deceased judge. He was elected to that position in 1996 
and re-elected in 2000 and 2004. His caseload has involved an extensive 
variety of civil, criminal, and juvenile matters. He also briefly 
served as Acting U.S. Magistrate for the court to which he is nominated 
in 1995 and 1997.
  In 2004, Judge Jones was the recipient of both the King County Bar 
Association's Judge of the Year Award and the Washington State Bar 
Association's Outstanding Judge of the Year Award.
  Throughout his legal career, Judge Jones has shown a strong 
commitment to the community. He served not only as president of the 
Loren Miller Bar Association, but also as president of the YMCA of 
Greater Seattle.
  The American Bar Association has unanimously rated Judge Jones ``Well 
Qualified.''


                      Nomination of Sharion Aycock

  I further recommend Sharion Aycock for the United States District 
Court for the Northern District of Mississippi. Again, a fine academic 
record, with 27 years of law practice, with her bachelor's degree from 
Mississippi State University and a member of two honor societies, and 
Co-Editor in Chief of the Mississippi College Law Review. She has been 
a judge on the First Circuit Court for the District of Mississippi for 
the last 4 years, was the board attorney for the town of Tremont, and 
prosecuting attorney for Itawamba County. Judge Aycock brings 
substantial qualifications and the American Bar Association rated her 
unanimously ``well qualified.''
  Judge Sharion Aycock was nominated to be a U.S. District Court Judge 
for the Northern District of Mississippi on March 19, 2007. A hearing 
was held on her nomination on July 19, 2007. Her nomination was 
reported favorably by the Judiciary Committee on September 6, 2007. If 
confirmed, she will be the first woman to be appointed to the Federal 
district court in Mississippi.
  Judge Aycock received her B.A. from Mississippi State University in 
1977 where she was a member of the Omicron Delta Kappa and Phi Kappa 
Phi Honor Societies. She received her J.D. from Mississippi College 
School of Law in 1980 and served as Co-Editor in Chief of the 
Mississippi College Law Review.
  Upon graduation from law school, Judge Aycock joined the A.T. 
Cleveland Law Office as an associate, where she worked from 1980 until 
1983.
  In 1984, Judge Aycock opened her own practice in Fulton County and 
represented a wide range of clients, including some of the largest and 
most successful businesses in the county.
  Between 1987 and 1989, she formed a small partnership with three 
other attorneys and practiced under the firm name of Soper, Russell, 
Richardson and Dent, P.A.; however, they did not share office space, 
and she remained in her original office. In 1990, they dissolved the 
partnership, and Judge Aycock resumed her former sole practice.
  While working as a sole practitioner, Judge Aycock represented a 
variety of government entities on a part-time basis.
  She served as the board attorney for her hometown, Tremont, MS, from 
1980 until 2002 and for the city of Fulton from 1998 to 2002. She was 
elected to serve as the prosecuting attorney for Itawamba County in 
1984 and served until 1992.
  Judge Aycock also served as the attorney for the Board of Supervisors 
for Itawamba County from 1993 to 2002, the board attorney for the 
Itawamba County School District from 1984 to 1999, and the attorney for 
the Board of Commissioners for the Mantachie Natural Gas District from 
1986 to 2002.
  In 2002, Judge Aycock was elected as Circuit Court Judge for the 
First Circuit Court District of Mississippi. She ran unopposed and was 
reelected in 2006. Her term is set to expire in 2010.
  The American Bar Association Standing Committee has rated Judge 
Aycock unanimously ``well qualified.''


                  Nomination of Roslynn Renee Mauskopf

  The fourth judge up for consideration also brings excellent 
credentials, Roslynn Renee Mauskopf: Magna cum laude from Brandeis in 
1979, and cum laude from the Georgetown University Law Center. She has 
experience as an assistant district attorney in New York County. She 
was New York State Inspector General for 7 years and chair of the 
Governor's Moreland Act Commission on the New York City schools for 3 
years.
  Roslynn R. Mauskopf was nominated in the last Congress, but her 
nomination was not acted upon prior to its adjournment. She was 
renominated on January 9, 2007. A hearing was held on her nomination on 
April 11, 2007, and the Judiciary Committee reported her nomination 
favorably on July 19.
  Ms. Mauskopf is a highly qualified nominee with excellent credentials 
and a distinguished record of public service.
  In 1979, she received her B.A. degree from Brandeis University, 
graduating magna cum laude. In 1982, she graduated cum laude from 
Georgetown University Law Center.
  After law school, Ms. Mauskopf served as an Assistant District 
Attorney for New York County until 1995.
  Between 1995 and 2002, she served as New York State's Inspector 
General, leading the State office responsible for investigating 
corruption, fraud, criminal activity, conflicts of interest, and other 
misconduct in State executive branch agencies.
  Between 1999 and 2002, she also chaired the Governor's Moreland Act 
Commission on New York City Schools, which examined the operations and 
fiscal affairs of the New York City Board of Education and the New York 
City School Construction Authority.
  Since 2002, Ms. Mauskopf has served as United States Attorney for the 
Eastern District of New York.
  The daughter of Holocaust survivors, she has dedicated herself to 
promoting Holocaust remembrance. Her mother, at age 90, attended her 
daughter's nomination hearing before the Judiciary Committee.
  The American Bar Association has unanimously rated Ms. Mauskopf 
``Qualified.''
  How much time remains, Mr. President?
  The PRESIDING OFFICER. The Senator has 11 minutes 10 seconds.
  Mr. SPECTER. I yield the floor, and I reserve the remainder of my 
time.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, I wanted to come back to Judge Elrod and 
comment on some of the points Senator Cornyn raised in his statements 
on the floor.
  As I explained to Senator Specter, at no time do I raise at all the 
issue of age. I don't even know Judge Elrod's age, nor should that ever 
be a factor in our consideration on a confirmation, and it was not in 
my judgment; nor do I think there is a mathematical formula as to what 
is an appropriate amount of experience to be qualified to be an 
appellate court judge; nor do I think there is a specific path that one 
must follow in order to become an appellate court judge.
  But with Judge Elrod, just look at her background and record. You 
would think, for an appellate court judge, you would want a nominee to 
have appellate court experience. She does not

[[Page 26762]]

have it. You would think, for a Federal appellate court judge, you 
would want someone who has experience in our Federal courts. She 
doesn't have that. You would think, for a Federal appellate court 
judge, you would want someone who has experience in criminal law. She 
doesn't have that. You would expect, for someone who is going to be a 
nominee confirmed for the appellate court, that we would be able to 
evaluate her ability to express herself through opinions. We don't have 
that. You would expect, for an appellate court judge, we would have her 
speeches or articles that would explain some of her philosophy on life. 
We don't have that. You would expect, for an appellate court judge, you 
would have some other way of being able to evaluate her approach to 
interpreting the Constitution of the United States. She will be 
confirmed to sit on the court that will do more interpretation of our 
Constitution than any other court; that is, the appellate court because 
so few cases get to the Supreme Court of the United States. And she 
doesn't have that either.
  So it was that point that I thought the Members of this body should 
be aware of, not that she didn't follow a particular course to become 
an appellate court judge or her age. It has to do with having something 
to evaluate for a person who is going to be on the appellate court with 
a lifetime position. And that is how I drew my conclusion.
  I appreciate the courtesy to be able to share that with our 
colleagues.
  Mr. President, I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  Mr. SPECTER. Mr. President, I don't know that anybody else is seeking 
recognition. Senator Leahy has already said he was not going to ask for 
the yeas and nays, and I do not intend to. Senator Cardin says he is 
not going to.
  So I yield back my time.
  Mr. CARDIN. I yield back my time.
  The PRESIDING OFFICER. All time is yielded back. The question is, 
Will the Senate advise and consent to the nomination of Jennifer Walker 
Elrod, of Texas, to be United States Circuit Judge for the Western 
District of Washington?
  The nomination was confirmed.

                          ____________________