[Congressional Record (Bound Edition), Volume 153 (2007), Part 2]
[Senate]
[Pages 2933-2935]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  NOMINATION OF GREGORY KENT FRIZZELL

  Mr. INHOFE. Mr. President, first of all, I appreciate very much the 
senior Senator from Pennsylvania yielding to me. I know he is 
interested in getting these quality judges confirmed, and votes are 
taking place.
  We have one coming up in a few minutes that happens to be for a close 
personal friend of mine, a judge in Oklahoma, Greg Frizzell. I would 
like to make a couple of comments.
  First of all, we thought he would be confirmed before the end of last 
year, and it didn't work out. There was bickering going on that had 
nothing to do with him but with other judges. Fortunately, over the 
last few weeks, I have had a chance to talk to colleagues on both sides 
of the aisle.
  I want to single out Senator Pat Leahy for being so generous with me 
and giving me time to talk about Judge Frizzell and why he should be 
confirmed. He told me, after listening to this, he would be willing to 
put him on his top priority list. He didn't have to do it. He is a 
Democrat and I am a Republican. So, again, I compliment Senator Pat 
Leahy for doing that for us and for justice in America.
  This young man, Greg Frizzell, has a great family background. I 
remember when his daddy, Kent Frizzell, was in Kansas and served as 
attorney general for that State. Then he had better judgment and 
decided to move from Kansas to Oklahoma. We became good friends many 
years ago. Greg was very young at that time. He was raised in this 
family of public servants, people who served as his father had for such 
a long period of time. I think his father is still at the University of 
Tulsa Law School and has been for about 20 years and is doing great 
work. That is the environment in which Greg Frizzell was raised. He has 
been a judge for a long time, and you would think you would hear some 
negative things about him. But you don't hear negative things about 
this guy. Even his political adversaries all agree that he is the 
quality and type of man who should be on the Federal bench.
  Robert Sartin, a member of the Board of Governors, said:

       Judge Frizzell is a man of extremely good character and 
     high integrity, with a deep sense of personal responsibility 
     toward his fellow man.

  A fellow judge, Claire Egan, praised him. She talked about the 
urgency of this confirmation and that they actually only have three 
judges now on that bench doing the work of six judges.
  One of the most highly respected senior Federal judges, Ralph 
Thompson, who is in senior status in Oklahoma right now, praised Greg, 
saying there is nobody out there who could be more qualified than Greg 
Frizzell for this particular appointment.
  So it is neat that we are finally getting around to this. I apologize 
to Greg and his family for the uncertainty that is always there, even 
though I never had any uncertainty. I knew he was going to be there.
  Getting back again to all these different people, Joel Wohlgemuth, a 
prominent attorney in Tulsa, recalls an incident where Judge Frizzell--
he has six kids, by the way--had work to do one night, and he went down 
and took his six kids with him and did his judicial work. Anybody who 
can juggle six kids and do his job at the same time I know is qualified 
for this job. I am thrilled that just in a matter of minutes we will be 
able to vote to confirm Judge Frizzell to the Northern District of 
Oklahoma. He will be a great judge.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.


                      Judge Gregory Kent Frizzell

  Mr. SPECTER. Mr. President, I thank the Senator from Oklahoma for 
those comments. He may be interested to know that I have been advised 
that the nominee is the son of Kent Frizzell, who was a high school 
debater in Kansas in my era. I debated against Kent Frizzell. I also 
noted that the nominee was born in Wichita, KS, which is a good place 
to be born, because I was born there, too. It is sometimes the source 
of some levity.
  When I was one of the assistant counsels to the Warren Commission, a 
man named Frances W. Adams, a prominent Wall Street lawyer, noted on my 
resume that I was born in Wichita. He said: Where was your mother on 
her way to at the time? When I say the birth place of Greg Frizzell, 
the nominee, is Wichita, KS, I recollect my own birth place and 
recollect the connection I had with his father being my high school 
debating opponent many years ago.
  While I have the floor, I know the time has been reserved to talk 
about judges in just a few minutes. Having started on Gregory Kent 
Frizzell, I would like to make a few additional comments. Senator Leahy 
is due to be here in a few minutes to speak--about three nominees. 
Votes are scheduled to take place at 11:55.
  I would like to supplement what has been said about Gregory Kent 
Frizzell. He has an outstanding academic record. He graduated from 
Tulsa University in 1981 and the University of Michigan Law School in 
1984. He was an Oklahoma Rhodes Scholar finalist in 1980. He has been 
rated unanimously ``well qualified'' by the American Bar Association. I 
believe there is no opposition to his nomination for U.S. District 
Judge for the Northern District of Oklahoma. I urge my colleagues to 
support him.
  I ask unanimous consent that his resume be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                         Gregory Kent Frizzell


   United States District Judge for the Northern District of Oklahoma

       Birth: December 13, 1956, Wichita, Kansas.
       Legal Residence: Oklahoma.
       Education: B.A., University of Tulsa, 1981, Phi Alpha Theta 
     (History Honor Society), Omicron Delta Kappa (National 
     Leadership Honor Society), Oklahoma Rhodes Scholar

[[Page 2934]]

      Finalist, 1980. J.D., University of Michigan Law School, 
     1984, AmJur Award in Legal Research and Writing.
       Employment: Law Clerk, the Honorable Thomas R. Brett, U.S. 
     District Judge for the Northern District of Oklahoma, 1984-
     1986, Associate, Jones, Givens, Gotcher & Bogan, P.C., 1986-
     1994, Solo Practitioner, Gregory K. Frizzell, 1994-1995, 
     General Counsel, Oklahoma Tax Commission, 1995-1997, District 
     Judge, 14th Judicial District of the State of Oklahoma, 1997-
     Present.
       Selected Activities: Board of Directors, Tulsa Speech & 
     Hearing Association, 1986-1995 (President, 1994-1995), 
     Director-at-Large, Rotary Club of Tulsa, 2006-2007, Master of 
     the Bench, American Inns of Court, Hudson-Hall-Wheaton 
     Chapter, 1997-2002 (President, 2000-2001), Member, Oklahoma 
     Bar Association, (Vice Chairman, Professionalism Committee, 
     2006) (House of Delegates, 2001-2002), Member, Tulsa County 
     Bar Association (Board of Directors, 2006) (Chairman, Law 
     School/Mentoring Committee, 2001-2002), Oklahoma Task Force 
     on Judicial Selection, 1999-2000.
       Judge Frizzell was nominated during the last Congress and 
     his nomination reported out of the Judiciary Committee with a 
     favorable recommendation on September 29, 2006. The Senate, 
     however, did not act on his nomination prior to adjournment 
     of the 109th Congress.
       President Bush re-nominated Judge Frizzell in the 110th 
     Congress and the nomination reported out of Committee on 
     January 25, 2007.
       Judge Frizzell has had a distinguished career both in 
     private practice and in public service.
       In 1981, he earned his B.A. degree from the University of 
     Tulsa. While at Tulsa, Judge Frizzell was inducted into the 
     Phi Alpha Theta and Omicron Delta Kappa Honor Societies. He 
     was also an Oklahoma Rhodes Scholar Finalist in 1980.
       Judge Frizzell went on to earn his J.D. from the University 
     of Michigan Law School in 1984, where he was awarded the 
     AmJur Award in Legal Research and Writing.
       After law school, he served as a law clerk to the Honorable 
     Thomas R. Brett, United States District Court Judge for the 
     Northern District of Oklahoma.
       In 1986, Judge Frizzell joined the Oklahoma law firm of 
     Jones, Givens, Gotchers & Bogan, P.C. as an associate and 
     focused on commercial litigation.
       In 1994, Judge Frizzell left Jones, Givens and practiced as 
     a solo practitioner. In this capacity he represented 
     individuals and small business entities in civil 
     controversies.
       In 1995, Judge Frizzell was appointed General Counsel of 
     the Oklahoma Tax Commission by Governor Frank Keating.
       In 1997, Judge Frizzell was appointed district judge for 
     the l4 Judicial District in the State of Oklahoma. He was 
     elected without opposition in 1998 and again in 2002. His 
     term is set to expire in January 2007.
       The American Bar Association unanimously rated Judge 
     Frizzell ``Well Qualified'' to serve as a federal district 
     court judge.


                     Judge Lawrence Joseph O'Neill

  Mr. SPECTER. Mr. President, further, I support the confirmation of 
Judge Lawrence Joseph O'Neill to be U.S. District Judge for the Eastern 
District of California. He, too, has an excellent academic record, with 
a bachelor's degree from the University of California, Berkeley, in 
1973, an MBA from Golden Gate University in 1976, and a law degree from 
the University of California, Hastings College of Law. He has a 
distinguished professional record. The American Bar Association rated 
him unanimously ``well qualified.''
  I ask unanimous consent that his resume be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                        Lawrence Joseph O'Neill


  United States District Judge for the Eastern District of California

       Birth: September 5, 1952, Oakland, California.
       Legal Residence: California.
       Education: B.A., University of California at Berkeley, 
     1973; M.P.A., Golden Gate University, 1976; J.D., University 
     of California, Hastings College of Law, 1979.
       Employment: Associate, McCormick, Barstow, Sheppard, Wayte, 
     & Carruth, 1979-1983, Partner, 1984-1990; Adjunct Professor, 
     San Joaquin College of Law, 1986-1992, Professor of the Year 
     Award, Civil Trial Advocacy; California Superior Court Judge, 
     Fresno County Superior Court, 1990-1999; Magistrate Judge, 
     U.S. District Court for the Eastern District of California, 
     1999-Present.
       Selected Activities: Judicial Member, Federal Bar 
     Association, 1999-Present, Executive Board; Member, Fresno 
     County Bar Association, 1979-1990, Judicial Member, 1990-
     Present, Recipient, ``20 Years of Service'' Award for service 
     to the Fresno County Mock Trial Program; Member, Federal 
     Magistrate Judges Association, 1999-Present; Board Member, 
     Ninth Circuit Magistrate Judge Executive Committee, 2003-
     2006; Board Member, Association of Business Trial Lawyers, 
     1996-2006; Member, California State Bar, 1979-1990, Inactive 
     Judicial Member, 1990-Present.
       Magistrate Judge Lawrence Joseph O'Neill was nominated 
     during the last Congress and his nomination reported out of 
     the Judiciary Committee with a favorable recommendation on 
     August 2, 2006. The Senate, however, did not act on his 
     nomination prior to adjournment of the 109th Congress.
       President Bush re-nominated Judge O'Neill in the 110th 
     Congress and the nomination reported out of Committee on 
     January 25, 2006.
       He received his B.A. from the University of California at 
     Berkeley in 1973, his M.P.A. from Golden Gate University in 
     1976, and his J.D. from the University of California, 
     Hastings College of Law in 1979.
       During law school, Judge O'Neill served as a legal clerk to 
     the Honorable Roberts F. Kane of the First Appellate District 
     of the California Court of Appeals.
       Following law school, Judge O'Neill joined the law firm of 
     McCormick, Barstow, Sheppard, Wayte & Carruth as an 
     associate. He became a partner with that firm in 1984. His 
     practice focused almost exclusively on civil tort litigation.
       While working for McCormick, Barstow, Judge O'Neill also 
     taught classes for six years as an adjunct professor at San 
     Joaquin College of Law. San Joaquin honored Judge O'Neill for 
     his teaching skills by presenting him with the Professor of 
     the Year Award.
       In 1990, Judge O'Neill was appointed to the Fresno County 
     Superior Court. He served on that court until 1999 when he 
     was appointed as a United States Magistrate Judge in the U.S. 
     District Court for the Eastern District of California.
       Judge O'Niell has received numerous awards for his 
     community service including the annual Judicial Award 
     presented by the Rape Counseling Service of Fresno County and 
     the ``20 Years of Service'' Award presented by the Fresno 
     County Mock Trial Competition Program.
       While serving as the presiding judge of the juvenile courts 
     of Fresno County, Judge O'Neill was recognized for his 
     outstanding efforts to prevent child abuse with the Judy 
     Andreen-Nilson Award. The Fresno County Juvenile Justice 
     Commission also presented him with the Award for Achievement 
     in Juvenile Justice.
       The American Bar Association unanimously rated Judge 
     O'Neill ``Well Qualified.''
       The vacancy to which Judge O'Neill is nominated has been 
     designated a ``Judicial Emergency'' by the nonpartisan 
     Administrative Office of the Courts.


                         Judge Valerie L. Baker

  Mr. SPECTER. Mr. President, the third nominee up for a vote at 11:55 
is Judge Valerie L. Baker. She is nominated for U.S. District Court for 
the Central District of California. Her academic record, as well, is 
outstanding: summa cum laude from the University of California, Santa 
Barbara in 1971, with a cum laude master's degree from the University 
of California, Santa Barbara in 1972, and with a law degree in 1975 
from the UCLA School of Law. The American Bar Association unanimously 
rates Judge Baker ``well qualified.''
  I ask unanimous consent that her resume be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                            Valerie L. Baker


  United States District Judge for the Central District of California

       Birth: June 25, 1949, Minneapolis, MN. Legal Residence: 
     California. Education: B.A., 1971, University of California, 
     Santa Barbara, summa cum laude; M.A., 1972, University of 
     California, Santa Barbara, cum laude; J.D., 1975, UCLA School 
     of Law.
       Employment: Associate, Overton, Lyman & Prince, 1975-1977; 
     Assistant U.S. Attorney, U.S. Attorney's Office, 1977-1980; 
     Associate, Lillick, McHose & Charles (now Pillsbury, 
     Winthrop, Shaw & Pittman) 1980-1982, Partner, 1982-1986; 
     Judge, Los Angeles Municipal Court, 1986-1987; Judge, Los 
     Angeles Superior Court, 1987-Present.
       Selected Activities: Board Member, The Braille Institute, 
     2001-2003; Member, Los Angeles County Bar Association, 1975-
     Present; Member, California Judges Association, 1986-present; 
     Board Member, Association of Business Trial Lawyers, 1987-
     1990, 2001-2004; Board Member, My Friend's Place (homeless 
     shelter for teens), 1993-1995; 1994 Alfred J. McCourtney 
     Trial Judge of the Year Award Recipient, Consumer Lawyers of 
     Los Angeles.
       Judge Baker was nominated during the last Congress and her 
     nomination reported out of the Judiciary Committee with a 
     favorable recommendation on September 21, 2006. The Senate, 
     however, did not act on her nomination prior to adjournment 
     of the 109th Congress. President Bush re-nominated Judge 
     Baker in the 110th Congress and her nomination reported out 
     of the Judiciary Committee on January 25, 2006.
       Judge Baker received her B.A., summa cum laude, from the 
     University of California, Santa Barbara in 1971 and Masters 
     Degree, cum laude, from the same institution a year later. In 
     1975, she received her J.D. from the UCLA School of Law.

[[Page 2935]]

       Upon graduating from law school, she began working as an 
     associate with the firm Overton, Lyman & Prince in Los 
     Angeles. During her two years at Overton, Judge Baker focused 
     on business litigation. In 1977, Judge Baker became a 
     prosecutor with the United States Attorney's Office in Los 
     Angeles.
       In 1980, Judge Baker joined the law firm of Lillick, 
     McHose, & Charles (now Pillsbury, Winthrop, Shaw & Pittman) 
     as an associate. Just two years later, the firm granted her 
     partnership. In 1986, Judge Baker was appointed to serve on 
     the Los Angeles Municipal Court, where she presided over 
     civil matters and criminal misdemeanors. In 1987, she was 
     elevated to the Los Angeles County Superior Court, where she 
     currently serves.
       Judge Baker has handled thousands of cases from filing to 
     disposition, and is widely recognized as one of California's 
     finest jurists. In 1994, she received the Alfred J. 
     McCourtney Trial Judge of the Year Award from the Consmer 
     Lawyers of Los Angeles. The American Bar Association has 
     rated Judge Baker unanimously ``Well Qualified.''

  Mr. SPECTER. Mr. President, I urge my colleagues to vote for these 
three distinguished nominees. I thank Senator Leahy, the Chairman of 
the Judiciary Committee, for moving these nominations. It is very 
important. We have numerous judicial emergencies. We have other 
nominees awaiting action by the committee and by the full Senate.
  Senator Leahy is moving with dispatch, which is appreciated, and it 
is also appreciated that the majority leader has listed these three 
nominees for action this morning.
  In the absence of any other Senator seeking recognition, I suggest 
the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. COBURN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Judge Gregory Kent Frizzell

  Mr. COBURN. Mr. President, I come to the floor to follow up on the 
comments made by my senior Senator, Mr. Inhofe, from Oklahoma, on the 
qualifications of Judge Gregory Frizzell. He has enumerated many of 
those. This is a fine young man with impeccable character and 
integrity. He is a living example of a life of service, not just in 
what he does as a judge in Oklahoma, but what he does in his community 
in Oklahoma. It has been a real pleasure to get to know him, to also 
watch him as he went through the process of getting a unanimous vote 
out of the Judiciary Committee and having no significant questions 
raised about his judicial philosophy, integrity, character, background, 
or his qualifications. So it is with a great deal of pleasure that I 
look forward to his vote today.
  I might comment for a moment that he was capable of being confirmed 
in the last Congress, and there was no reason, no good reason why he 
wasn't, other than the answer: We are not going to approve any more 
judges in this Congress. That is the reason I was told by the now 
majority leader that he would not be approved. There is no question as 
to his qualifications, but it should remind us again of the dangers of 
partisanship for party instead of partisanship for our country and for 
future generations.
  I am very thankful to the Judiciary Committee chairman, Patrick Leahy 
from Vermont, for the speed and quickness with which he has brought 
this to the floor. I thank him for that, and I look forward to working 
with him with the same speed on any other judges the President might 
bring up and that the committee would put out.
  It is my hope we can get beyond partisanship on judiciary nominees 
and get to the business of filling the significant number of voids or 
vacancies that are out there today and that are limiting justice for 
people in this country. Justice delayed is justice denied. And a lack 
of available judges is denying justice to hundreds and thousands of 
Americans every day. So the chairman of the Judiciary Committee has my 
commitment as a member of the Judiciary Committee to help him in any 
way I can to move those.
  It is a great honor that Greg Frizzell will sit as a Federal judge in 
the northern district of Oklahoma, and it is my hope we will see many 
like him fill the spots across this country.
  With that, I yield the floor, Mr. President, and I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. Will the Senator withhold?
  Mr. COBURN. I will withhold.

                          ____________________