[Congressional Record (Bound Edition), Volume 153 (2007), Part 7]
[Senate]
[Pages 9737-9739]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF HALIL SULEYMAN OZERDEN TO BE U.S. DISTRICT JUDGE FOR THE 
                    SOUTHERN DISTRICT OF MISSISSIPPI

  The PRESIDING OFFICER. Under the previous order, the hour of 12 noon 
having arrived, the Senate will proceed to executive session to 
consider Calendar No. 76, which the clerk will report.
  The legislative clerk read the nomination of Halil Suleyman Ozerden, 
of Mississippi, to be United States District Judge for the Southern 
District of Mississippi.
  The PRESIDING OFFICER. Under the previous order, there will be 10 
minutes of debate equally divided between the chairman and ranking 
member or their designees.
  The Senator from Mississippi.
  Mr. LOTT. Mr. President, it is my pleasure be here to speak on behalf 
of the confirmation of Halil Suleyman Ozerden to serve on the U.S. 
District Court for south Mississippi. I am truly pleased that the 
President has nominated this outstanding young attorney to this 
position in Mississippi. I thank the Judiciary Committee for the 
expeditious handling of the nomination. I particularly thank the 
chairman, the Senator from Vermont, Mr. Leahy, and the ranking member, 
Senator Specter, for moving the nomination forward.
  I made it a particular point of pronouncing his name and trying to 
get it correct because this is a very highly qualified nominee but an 
unusual one. I believe he will probably be the only Turkish American to 
serve on the Federal judiciary anywhere in America. We didn't select 
him because of that, but it is a fact. He has an outstanding record, 
and he will be an outstanding member of the judiciary.
  Long before I knew this young man, I met his father. Sul is the son 
of a Gulfport, MS, doctor, psychiatrist, a Turkish immigrant, and 
naturalized U.S. citizen. He was truly a well respected citizen in the 
community as well as a doctor.
  I met him back when I was in the House of Representatives, years ago, 
in the 1970s, as a matter of fact. His father came to visit my office 
on the Mississippi gulf coast one day to thank me for a controversial 
vote I had cast, one that was particularly unpopular with a lot of my 
constituents. Well, now, House Members are not used to people actually 
coming to their office and thanking them for casting a vote a lot of 
people disagree with, so I took a particular liking to this doctor, and 
I stayed in touch with him and his family over these past 30 years.
  But I was particularly impressed, as I watched the doctor's son grow 
up and achieve such a tremendous record.
  I began hearing about Sul, his professional accomplishments, and the 
impact that he was having on the gulf coast community. Now one of the 
most respected young lawyers in Mississippi, Sul may soon have the rare 
opportunity to serve both his community and his country as a Federal 
judge.
  During my time in the Senate, I have had the opportunity to deal with 
countless judicial nominees. Seldom have I seen a nominee who comes as 
highly recommended--and who is as highly credentialed--as Sul Ozerden.
  This young man graduated from what was then a very large high school 
in Mississippi, Gulfport High School, in 1985. He was salutatorian in 
his class. He then attended Georgetown University's School of Foreign 
Service on a Navy ROTC scholarship, graduating magna cum laude and Phi 
Beta Kappa in 1989.
  Following graduation, he served 6 years active duty as a commissioned 
officer and naval flight officer in the U.S. Navy, where he achieved 
the rank of lieutenant as an A-6E Intruder bombardier/navigator. He was 
awarded the Navy Commendation Medal for missions flown over Iraq during 
Operation Southern Watch and Somalia during Operation Restore Hope.
  After his military service, he earned his law degree from Stanford 
Law School, where he served as associate editor for the Stanford Law 
Review. Following law school, he clerked for the Honorable Eldon 
Fallon, U.S. district court judge in New Orleans, before returning home 
to enter the private practice of law in Gulfport.
  That is an incredible record, outstanding record--in high school, in 
college, in the military, and law school, and he served as a clerk to a 
Federal judge. He has all the credentials that will qualify him for 
this position.
  He then returned to the gulf coast as a shareholder in one of the 
gulf coast's most respected firms, Dukes, Dukes, Keating & Faneca, 
where his practice has focused on general civil defense litigation, 
representation of local law enforcement and governmental entities, and 
commercial transactions and litigation.
  In addition to his professional accomplishments, Sul is also involved 
in his community, as his father was. He has served as a mentor in the 
Gulfport Public School District. He has been named ``Volunteer of the 
Year'' by the Gulfport Chamber of Commerce, an area where we have had a 
lot of voluntarism in the last 2 years to help people and help our 
communities recover from Hurricane Katrina. He served on the board of 
directors--and as president--of the Gulfport Chamber of Commerce. He 
also served as the president of the Gulfport Business Club. He was also 
named as one of the Sun Herald newspaper's ``Top 10 Business Leaders 
Under 40'' for the southern part of the State of Mississippi.
  He is active in his church, St. Peter's By-the-Sea Episcopal Church, 
where he is on the church's building committee--an extremely important 
position within a church seeking to rebuild from devastation caused by 
Hurricane Katrina.
  President Bush has nominated one of south Mississippi's finest to 
fill one of Mississippi's most important positions. Sul's academic 
credentials, brilliant mind, analytical ability, legal skills, world 
experiences and common sense are rare qualities in one person. The 
Federal judiciary is lucky to have the opportunity to secure the 
services of Sul Ozerden, and I look forward to his confirmation.
  Mr. President, I do not know when I have supported a nominee to be a 
Federal judge in Mississippi more than I do this one. I am very proud 
of this nomination, and he will surely be overwhelmingly confirmed in a 
few minutes. Sul Ozerden, of Gulfport, MS, will be a credit to his 
parents, the community, and to the Federal judiciary.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, I am very pleased this nomination is now 
before the Senate. The nominee is very well qualified to serve as a 
Federal judge. He is a highly respected lawyer with a keen sense of 
fairness. I think he will reflect great credit on the Federal 
judiciary.

[[Page 9738]]

  Sul graduated magna cum laude from the Georgetown University School 
of Foreign Service, where he was a member of Phi Beta Kappa.
  After graduating from Georgetown, he attended the U.S. Navy Flight 
School in Pensacola, FL, and then served for 5 years as a naval 
officer. He served as a bombardier and navigator aboard A-6E Intruder 
aircraft and was awarded the Navy Commendation Medal for missions flown 
over Iraq and during Operation Restore Hope in 1992 and 1993. He also 
completed deployments to the Western Pacific and to the Persian Gulf 
aboard the aircraft carrier USS Kitty Hawk from 1992 to 1994.
  Sul is also a graduate of the Stanford University School of Law, 
where he served as an associate editor on the Law Review.
  He then served as a law clerk to the Honorable Eldon E. Fallon, U.S. 
district judge for the Eastern District of Louisiana.
  He then joined the law firm of Dukes, Dukes, Keating & Faneca in 
Gulfport, MS, a highly respected law firm in our State. He has 
practiced in State and Federal courts throughout the Southeast and 
served as lead counsel in a wide range of complex cases.
  Sul is ranked by his fellow lawyers at the highest levels of 
professional accomplishment. He received a unanimous ``qualified'' 
rating from the American Bar Association's Standing Committee on the 
Federal Judiciary.
  Mr. President, I have come to know this nominee well and his family 
members who are outstanding citizens of the gulf coast area, of the 
State of Mississippi. I am very pleased he accepted the nomination and 
is prepared to take his place on the bench of the Federal court in our 
State. I am very pleased to urge the confirmation of this nominee.
  Mr. LEAHY. Mr. President, today we consider the nomination of Halil 
Suleyman Ozerden to be a U.S. district judge for the Southern District 
of Mississippi, which until recently had been considered a judicial 
emergency. By approving yet another lifetime appointment, we continue 
to proceed promptly and efficiently to confirm judicial nominees.
  With this confirmation, the Senate will have confirmed 16 lifetime 
appointments to the Federal bench so far this year. There were only 17 
confirmations during the entire 1996 session of the Senate. This means 
we have already confirmed almost the entire total of confirmations for 
the entire 1996 session, and we are still in April of this year.
  The Administrative Office of the U.S. Courts lists 48 judicial 
vacancies, yet the President has sent us only 27 nominations for these 
vacancies. Twenty one of these vacancies--almost 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 6 of them. 
That means more than a third of the judicial emergency vacancies are 
without a nominee.
  I have worked cooperatively with Members from both sides of the aisle 
on our committee and in the Senate to move quickly to consider and 
confirm these judicial nominations so that we can fill vacancies and 
improve the administration of justice in our Nation's Federal courts. 
The nomination we consider today has the support of both Senator 
Cochran and Senator Lott.
  Mr. Ozerden is just 40 years old, quite young for a lifetime 
appointment to the Federal bench. Mr. Ozerden has worked for the past 8 
years as a commercial litigator for the Gulfport, MS, law firm of 
Dukes, Dukes, Keating & Faneca, P.A. Before pursuing a legal career, he 
served for 6 years on active duty as an aviator in the U.S. Navy.
  I have urged, and will continue to urge, the President to nominate 
men and women to the Federal bench who reflect the diversity of 
America. Mr. Ozerden is the son of a Turkish immigrant. I am encouraged 
when we can reflect positively on the diversity of our Nation and the 
contributions of immigrants.
  The Senate will confirm Mr. Ozerden. It will not repeat the slurs 
that many used against Senator Obama. Whether a person's middle name is 
Suleyman, Hussein, or Ali, that person should be considered on merit, 
not through the eyes of prejudice. Our Nation must rise above mean-
spiritedness and the shortsighted politics of fear. Consistent with our 
heritage as a nation of immigrants, we should recognize the dignity of 
all Americans whose work contributes to building a better America. The 
diversity of our Nation is a strength for our country and remains one 
of our greatest natural resources.
  That said, I understand the disappointment of members of the African-
American and civil rights communities that this administration 
continues to renege on a reported commitment to appoint an African 
American to the Mississippi Federal bench. In 6 years, President Bush 
has nominated only 19 African-American judges to the Federal bench, 
compared to 53 African-American judges appointed by President Clinton 
in his first 6 years in office. With an ever-growing pool of 
outstanding African-American lawyers in Mississippi, it is not as if 
there is a dearth of qualified candidates.
  The PRESIDING OFFICER. The senior Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I have sought recognition to add my 
endorsement for the confirmation of Halil Suleyman Ozerden to the U.S. 
District Court for the Southern District of Mississippi. The 
distinguished Senators from Mississippi have already spoken at length 
about his outstanding qualifications, and I associate myself with their 
remarks.
  It is a matter of considerable distinction to be a magna cum laude 
graduate from Georgetown University. And a law degree from Stanford is 
impressive. His service as a lieutenant in the U.S. Navy, with the 
impressive service he has performed there, has been specified in some 
detail.
  He was unanimously rated ``qualified'' by the American Bar 
Association. The vacancy to which he has been nominated has been 
designated as a ``judicial emergency'' by the nonpartisan 
Administrative Office of the Courts. I urge my colleagues to vote to 
confirm this very distinguished nominee.
  I note we have a significant number of vacancies at the present time. 
We have 14 vacancies on the courts of appeals. Six nominees have been 
submitted to the Judiciary Committee, and it is my hope we will process 
these nominees promptly. There have been a number of blue slips not 
returned by Senators. Under the practice of the committee, the 
nomination will not be processed until blue slips are returned by the 
Senators. So I will be communicating directly with the Senators 
involved, urging them to return the blue slips so we may go forward.
  There are six of those vacancies where nominations have been 
submitted. There are eight vacancies without nominations. I have 
discussed this matter personally with the President and have written to 
him in addition so the letter could be disseminated among the various 
White House officials who are charged with the responsibility for 
proceeding there.
  On the district courts, there are 34 vacancies. Twenty-two 
nominations have been received, and it would be my hope they would be 
processed promptly. Twelve are awaiting nominees. The vacancies 
constitute a substantial number.
  The total number of authorized circuit judges is 179. There are 14 
vacancies, for a 7.8 vacancy percentage. The total number of authorized 
district judges is 674. There are 34 vacancies, for a 5-percent vacancy 
rate. It is important these vacancies be filled.
  Where we do not have judges--and quite a few of these vacancies are 
judicial emergencies--there cannot be the processing of these cases. As 
a lawyer with substantial experience in the courts, I can attest 
firsthand to the importance of having judges on the job. When the 
vacancies are present, other judges are compelled to do extra duty.
  So I urge my colleagues to cooperate in the processing of these 
nominations and vacancies. I, again, renew my urging of the White 
House, the President, to submit nominations for these vacancies.


                      Complimenting Senator Casey

  In conclusion, may I note how much I appreciate the Presiding 
Officer, the

[[Page 9739]]

other Senator from Pennsylvania. I do not call him the junior Senator 
from Pennsylvania, although he has been here a lesser period of time 
than I have. I think the difference is 26 years and 3 months to 3\1/2\ 
months. But Senator Casey has already made a distinguished mark on the 
Senate.
  I think it not inappropriate to note for the record that he and I 
meet on a weekly basis and have held joint hearings on the juvenile 
gang problem in Philadelphia and on the issue of the proposed merger of 
Independence Blue Cross and Blue Shield with Highmark from the western 
part of the State, that we were together in Pittsburgh recently for the 
induction of a court of appeals judge and a district court judge.
  My compliments to Senator Casey on his distinguished service already.
  Mr. President, I note the time has arrived for the vote, so I yield 
the floor.
  The PRESIDING OFFICER. If all time is yielded back, the question is, 
Will the Senate advise and consent to the nomination of Halil Suleyman 
Ozerden, of Mississippi, to be United States District Judge for the 
Southern District of Mississippi?
  Mr. COCHRAN. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from South Dakota (Mr. 
Johnson), the Senator from Illinois (Mr. Obama), and the Senator from 
Michigan (Ms. Stabenow) are necessarily absent.
  Mr. LOTT. The following Senators are necessarily absent: the Senator 
from Arizona (Mr. McCain) and the Senator from Ohio (Mr. Voinovich).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 95, nays 0, as follows:

                      [Rollcall Vote No. 136 Ex.]

                                YEAS--95

     Akaka
     Alexander
     Allard
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     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
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Vitter
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Johnson
     McCain
     Obama
     Stabenow
     Voinovich
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the President will 
be notified of the Senate's action.

                          ____________________