[Congressional Record (Bound Edition), Volume 153 (2007), Part 2]
[Senate]
[Pages 2579-2581]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 LISA GODBEY WOOD TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN 
                          DISTRICT OF GEORGIA

                                 ______
                                 

PHILIP S. GUTIERREZ TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL 
                         DISTRICT OF CALIFORNIA

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations en 
bloc, which the clerk will report.
  The legislative clerk read the nomination of Lisa Godbey Wood, of 
Georgia, to be United States District Judge for the Southern District 
of Georgia, and Philip S. Gutierrez, of California, to be United States 
District Judge for the Central District of California.
  Mrs. FEINSTEIN. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. LEAHY. Madam President, today the Senate is considering the first 
judicial nominations of the year. If these nominees are confirmed, it 
will be the 101st and 102nd while I have served as Judiciary Committee 
Chairman under this President. If confirmed, these nominees will bring 
the total number of President Bush's nominees confirmed during his 
tenure to 260.
  Last Thursday, the Judiciary Committee held its first business 
meeting of the year. We were delayed a few weeks by the failure of the 
Senate to pass organizing resolutions on January 4, when this session 
first began. The Republican caucus had meetings over several days after 
we were in session before finally agreeing on January 12 to S. Res. 27 
and S. Res. 28, the resolutions assigning Members to Senate committees.
  The Judiciary Committee has traditionally met on Thursday. 
Regrettably, the delay in Senate organization meant that I could not 
notice or convene a meeting of the Committee the morning of January 11, 
as I had hoped. We devoted the intervening Thursday to our oversight 
hearing with the Attorney General. January 18 was the date the Attorney 
General selected as most convenient for him, and we accommodated him in 
that.
  Accordingly, it was last Thursday that we were first able to meet. At 
our first meeting, I included on our agenda the nominations of five men 
and women to lifetime appointments as federal judges. Three were for 
vacancies that have been designated judicial emergencies by the 
Administrative Office of the Courts. Before proceeding, I inquired of 
each Member of the Committee whether a hearing was requested on these 
nominations this year. They were each nominees we had considered in the 
Committee last year. They were returned to the President without Senate 
action when Republican Senators objected to proceeding with certain 
nominees in September and December last year. Last week I thanked the 
Members of the Judiciary Committee for working with me to expedite 
consideration of these nominations this year. In particular, I extend 
thanks to our new Members, the Senators from Maryland and Rhode Island.
  All five nominations were not sent to the Senate until January 9. We 
have moved promptly to vote to report them on January 25 and now begin 
the process of final Senate consideration. I know from last year that 
Senators Chambliss and Isakson are strong supporters of Ms. Wood's 
nomination to fill the emergency vacancy in Georgia. I appreciate that 
they have both worked with me and am delighted that hers is the first 
nomination to be considered by the Senate this year.
  The second nomination we will consider is that of Philip S. 
Gutierrez, another nominee to a seat deemed to be a judicial emergency. 
He has been nominated to the U.S. District Court for the Central 
District of California after a distinguished career in private practice 
and as a Los Angeles County Superior and Municipal Court judge. While 
on the Superior Court, Judge Gutierrez served as a founding member of 
the Judicial Ethics Committee, which developed a curriculum for ethics 
training for every California judicial officer, and devoted significant 
time to improving the court system statewide. Judge Gutierrez, a Los 
Angeles native, is a graduate of the University of Notre Dame and UCLA 
Law School.
  This new Congress presents an opportunity for a fresh start on 
judicial nominations, one that emphasizes qualifications and bipartisan 
consensus over political game-playing by the other side. President Bush 
made the right decision in not resubmitting this year several 
controversial and troublesome nominees who failed to win confirmation 
from a Republican-controlled Senate. Of course it is unfortunate that 
we lost many months of valuable time on those failed nominations. We 
spent far too much time engaged in political fights over a handful of 
nominees in the last Congress, time the Senate could have spent making 
progress on filling vacancies with qualified consensus nominees.
  I do wish the President had gone further and renominated three 
nominees for vacancies in the Western District of Michigan who were 
reported out of Committee, but left pending on the Senate's Executive 
Calendar when some on the other side of aisle blocked the nomination of 
Judge Janet Neff for

[[Page 2580]]

one of those seats. All three nominations were for vacancies that are 
judicial emergency vacancies--three in one federal district. The 
Senators from Michigan had worked with the White House on the 
President's nomination of three nominees to fill those emergency 
vacancies. The Judiciary Committee proceeded unanimously on all three. 
Working with then-Chairman Specter, the Democratic Members of the 
Committee cooperated to expedite their consideration. On September 16, 
we held a confirmation hearing for those three nominees on an expedited 
basis and reported them out of Committee on September 29.
  Regrettably, rather than meet to work out a process to conclude the 
consideration of judicial nominations last session, the Republican 
leadership apparently made the unilateral decision to stall certain of 
these nominations, including those for the judicial emergencies in the 
Western District of Michigan and, in particular, the President's 
nomination of Judge Janet Neff. After the last working session in 
October, I learned that several Republicans were objecting to Senate 
votes on some of President Bush's judicial nominees. According to press 
accounts, Senator Brownback had placed a hold on Judge Neff's 
nomination, even though he raised no objection to her nomination when 
she was unanimously reported out of Judiciary Committee. Later, without 
going through the Committee, Senator Brownback sent questions to Judge 
Neff about her attendance at a commitment ceremony held by some family 
friends several years ago in Massachusetts. Senator Brownback spoke of 
these matters and his concerns on one of the Sunday morning talk shows.
  I wondered at the end of the last Congress whether it could really be 
that Judge Neff's attendance at a commitment ceremony of a family 
friend failed some Republican litmus test of ideological purity, that 
her lifetime of achievement and qualifications were to be ignored, and 
that her nomination was to be pocket filibustered by Republicans.
  I do not know why the President has not chosen to renominate Judge 
Neff or the other two Western District nominees. But the approach to 
nominations we saw in the last Congress, of using nominations to score 
political points rather than filling vacancies and administering 
justice, has led to a dire situation in the Western District of 
Michigan. Judge Robert Holmes Bell, Chief Judge of the Western 
District, wrote to me and to others about the situation in that 
district, where several judges on senior status--one over 90 years 
old--continue to carry heavy caseloads to ensure that justice is 
administered in that district. Judge Bell is the only active judge. If 
not for Republican objections, these nominations would be filled by 
now.
  I urge the President to fill these and other outstanding vacancies 
with consensus nominees. The Administrative Office of the U.S. Courts 
list 59 judicial vacancies, 28 of which have been deemed to be judicial 
emergencies. So far in this Congress, the President has sent us 30 
judicial nominations. There remain 17 judicial emergency vacancies--
17--now without any nominee at all.
  We continue to make progress today towards filling longstanding 
judicial vacancies. If the President consults with us and works with us 
to send consensus selections instead of controversial nominations for 
important lifetime appointments, we can make good progress filling 
vacancies.
  The American people expect the federal courts to be fair forums where 
justice is dispensed without favor to the right or the left. I intend 
to do all that I can to ensure that the federal judiciary remains 
independent and able to provide justice to all Americans. These are the 
only lifetime appointments in our entire government, and they matter. I 
will also continue in the 110th Congress to work with Senators from 
both sides of the aisle, as I have with Senators Chambliss and Isakson 
as well as Senators Feinstein and Boxer. I congratulate Ms. Woods and 
Judge Gutierrez on their confirmations today.
  Mrs. FEINSTEIN. Madam President, I yield back the time.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Lisa Godbey Wood, of Georgia, to be U.S. 
District Judge for the Southern District of Georgia? The yeas and nays 
have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden) and 
the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 0 as follows:

                       [Rollcall Vote No. 35 Ex.]

                                YEAS--97

     Akaka
     Alexander
     Allard
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--3

     Biden
     Brownback
     Johnson
  The nomination was confirmed.


                   Nomination of Philip S. Gutierrez

  The PRESIDING OFFICER. There will now be 2 minutes of debate equally 
divided on the Gutierrez nomination.
  Mr. LEAHY. Madam President, Philip S. Gutierrez is the second 
nomination we consider today to a seat deemed to be a judicial 
emergency. We considered his nomination in the Judiciary Committee late 
last week and the two Senators from California have urged we move this 
nomination without further delay. I am pleased that we are able to do 
so today. As I said earlier before the vote to confirm Lisa Godbey Wood 
to fill an emergency vacancy in Georgia, Judge Gutierrez's nomination 
will be the 102nd to be confirmed while I have served as Judiciary 
Committee chairman and the 260th nominee of President Bush to be 
confirmed.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Madam President, I thank the majority leader and 
Chairman Leahy for bringing up the nomination of Philip Gutierrez. He 
has an outstanding academic record. His bachelor's degree is from the 
University of Notre Dame. He has a law degree from UCLA. He has been 
rated ``well qualified'' by the American Bar Association.
  Judge Gutierrez was nominated during the last Congress and his 
nomination reported out of the Judiciary Committee with a favorable 
recommendation on September 21, 2006. The Senate, however, did not act 
on his nomination prior to adjournment of the 109th Congress.
  President Bush renominated Judge Gutierrez in the 110th Congress and 
his nomination reported out of the Judiciary Committee on January 25, 
2006.
  Judge Gutierrez received his BA degree from the University of Notre 
Dame in 1981 and a JD from the UCLA School of Law in 1984.
  Judge Gutierrez's substantial experience both in private practice and 
on the California Superior Court have prepared him to serve on the 
Federal bench.
  He began his legal career as an associate with the Los Angeles firm 
Wolf, Pocrass & Reyes from 1984 to 1986 and then worked as an associate 
with Kern

[[Page 2581]]

& Wooley from 1986 to 1988. At both firms, Judge Gutierrez worked on 
civil tort liability litigation.
  In 1988, Judge Gutierrez joined the law firm of Cotkin & Collins in 
Santa Ana as managing partner. At Cotkin, he focused his practice on 
business litigation with an emphasis in professional liability and 
insurance coverage.
  In 1997, Judge Gutierrez was appointed to serve on the Whittier 
Municipal Court where he presided over misdemeanors, felony 
arraignments, and civil matters.
  In 2000, he was elevated to the Los Angeles County Superior Court 
where he currently sits in the Pomona division. He presides over a 
range of significant civil and criminal matters, including felony 
cases.
  Active in judicial governance and education, Judge Gutierrez 
currently serves on the Los Angeles County Superior Court Executive 
Committee and the California Judges Association's Committee on Judicial 
Ethics, of which he is a former chair.
  He serves on several committees of the California Center for Judicial 
Education and Research.
  The American Bar Association has rated Judge Gutierrez unanimously 
``well qualified.''
  Madam President, I know the Members on the Senate floor would like to 
have a detailed description of his resume, but they will have to read 
it in the Congressional Record. I ask unanimous consent it be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                        Philip Steven Gutierrez


  United States District Judge for the Central District of California

       Birth: October 13, 1959, Los Angeles, CA
       Legal Residence: California.
       Education: B.A., 1981, University of Notre Dame; J.D., 
     1984, U.C.L.A. School of Law.
       Employment: Associate, Wolf, Pocrass & Reyes, 1984-1986; 
     Associate, LaFollette, Johnson, DeHaas, Fesler & Ames, 07/86-
     09/86; Associate, Kern & Wooley, October 1986-1988; Managing 
     Partner, Cotkin & Collins, 1988-1997; Judge, Whittier 
     Municipal Court, 1997-2000; Judge, Los Angeles Superior 
     Court, 2000-Present.
       Selected Activities: Chair, California Judges Association, 
     Committee on Judicial Ethics, 2003-2004; Vice Chair, 2002-
     2003; Member, Los Angeles Superior Court Executive Committee, 
     2005-Present; Member, California Center for Judicial 
     Education and Research, 2000-Present; Seminar Leader and 
     Faculty Member, B.E. Witkin California Judicial College, 
     2004-2005; Member, State Bar Committee on Professional 
     Liability Insurance, 1991-1997; Member, American Bar 
     Association, Tort and Insurance Practice Insurance Coverage 
     Litigation Committee, 1992-1997; Member, Orange County Bar 
     Association, 1988-1997; Board Member, Hispanic Bar 
     Association of Orange County, 1993-1995; Board Member, 
     Westside Legal Services, 1986-1998.

  Mr. SPECTER. Madam President, I yield the floor.
  Mr. CRAIG. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Philip S. Gutierrez, of California, to be United States District 
Judge for the Central District of California. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden) and 
the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senator was necessarily absent: the Senator 
from Kansas (Mr. Brownback).
  The PRESIDING OFFICER (Mr. Salazar). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 97, nays 0, as follows:

                       [Rollcall Vote No. 36 Ex.]

                                YEAS--97

     Akaka
     Alexander
     Allard
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--3

     Biden
     Brownback
     Johnson
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the President will 
be immediately notified of the Senate's action.

                          ____________________