{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
POSITION STILL ON THE COURT, HOWEVER. THIS IS WHAT JUDGE MERIT
SAID. "OUR COURTS SHOULD NOT BE TREATED IN THIS FASHION. THE
PUBLIC'S BUSINESS SHOULD NOT BE TREATED THIS WAY. THE LITIGANTS
IN THE FEDERAL COURTS SHOULD NOT BE TREATED IN THIS WAY. THE
REMAINING JUDGES ON A COURT SHOULD NOT BE TREATED THIS WAY. THE
SWAIGST IN OUR COURT IS RAPIDLY DETERIORATING DUE TO THE FACT
THAT 25% OF THE JUDGESHIPS ARE VACANT. EACH ACTIVE JUDGE OF OUR
{11:15:35} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
COURT -- HE WROTE -- IS NOW PARTICIPATING IN DECIDING MORE THAN
550 CASES A YEAR, A CASE LODE THAT IS EXCESSIVE BY ANY
STANDARD. IN ADDITION, WE WILL HAVE ALMOST 200 DEATH PENALTY
CASES THAT WILL BE FACING US BEFORE THE END OF THE NEXT YEAR."
AND HE CONTINUED. "THE FOUNDING FATHERS CERTAINLY INTENDED THAT
THE SENATE ADVISE TO JUDICIAL NOMINATIONS. THAT IS CONSIDERED
IN DEBATE UP OR DOWN. SHE SURELY DID NOT INTEND THAT THE SENATE
FOR PARTISAN FOR FACTUAL REASONS WOULD REMAIN SILENT AND SIMPLY
{11:16:10} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
REFUSE TO GIVE ANY ADVICE OR CONSIDER ANY VOTE AT ALL THEREBY
LEAVING THE COURTS IN LIMB BY, UNDERSTAFFED, AND UNABLE
PROPERLY TO CARRY OUT THEIR RESPONSIBILITIES FOR YEARS." THAT'S
JUDGE MERIT'S LETTER. NOW, IN ADDITION TO THAT, THE JEW
DESH-YEAR COMMITTEE CHAIRMAN, SENATOR -- JUDICIARY COMMITTEE
CHAIRMAN SENATOR HATCH RECEIVED A LETTER FROM 14 FORMER. S OF
THE STATE BARF MICHIGAN. THESE INCLUDE, BY THE WAY, DEMOCRATS
AND REPUBLICANS. THAT LETTER PLEADS FOR ACTION RELATIVE TO THE
{11:16:47} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
SITUATION ON THE SIXTH CIRCUIT. THE MICHIGAN BAR PRESIDENTS
WROTE IN THEIR LETTER TO SENATOR HATCH THAT THE STATE OF
AFFAIRS ON THE SIXTH CIRCUIT HAS "ADVERSE -- SERIOUS ADVERSE
EFFECTS ON THE BAR AND THE ADMINISTRATION OF JUSTICE FOR OUR
CLIENTS. WE URGE YOU TO APPROPRIATELY SCHEDULE HEARINGS FOR AND
PASS TO THE SENATE FLOOR FOR A VOTE THE NOMINATIONS OF JUDGE
HELEN WHITE AND KATHLEEN MCCREE LEWIS." IN THE LAST FEW MONTHS,
THERE HAVE ALSO BEEN SEVERAL ARTICLES AND EDITORIALS IN PAPERS
{11:17:19} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
AROUND MICHIGAN CALLING ON THE SENATE TO CONFIRM THE COURT OF
APPEALS NOMINEES FROM MICHIGAN. AN EDITORIAL IN THE "DETROIT
FREE PRESS" SAID THE SENATE'S DELAY IN CONSIDERING PRESIDENT
CLINTON'S NOMINATION TO THE SIXTH CIRCUIT IS UNFAIR TO
MICHIGAN, TO THE NOMINEES, AND TO ANYONE WHOSE FUTURE MIGHT BE
AFFECTED BY A DECISION OF THIS COURT. AN EDITORIAL IN THE
OBSERVER IN "EC KENT RICK NEWSPAPER" URGED THE JUDICIARY
COMMITTEE AND ITS MEMBERS TO "GIVE TWO THOUGHTFUL AND WELL
RESPECTED MICHIGAN LAWYERS THE COURTESY OF TIMELY HEARINGS ON
{11:17:55} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
THEIR NOMINATIONS TO THE FEDERAL JUDICIARY THAT IS CURRENTLY
HAMSTRUNG IN CARRYING OUT ITS WORK." AN EDITORIAL IN THE
"DETROIT NEWS" DESCRIBED THE FAILURE TO ACT ON SIXTH CIRCUIT
NOMINEES IS THE DIEHARD INTRANSGENTS THAT SHOULD BE OUT OF
BOUNDS. A JEWISH NEWS EDITORIAL CALLED THE STALL A "TRAVESTY OF
JUSTICE." IF SENATORS HAVE CONCERNS ABOUT SOMETHING IN THE
RECORDS OF THESE MICHIGAN CANDIDATES AND NO ONE HAS RAISED
{11:18:32} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
ANYTHING TO THAT EFFECT, THEN SENATORS SHOULD AIR THEIR
CONCERNS IN A COMMITTEE HEARING AND THEN LET THE COMMITTEE
VOTE. BUT IT IS UNFAIR TO MICHIGAN, IT IS UNFAIR TO CITIZEN
WHOSE USE THIS COURT TO KEEP THESE JUDICIAL NOMINEES ENDS
WILLLY IN LIMBO DESPITE THE ABSENCE OF ANY OBJECTION THAT I
KNOW OF TO THEIR OM NATIONS AND WITH NO -- TO THEIR NOMINATIONS
AND WITH NO EXPLANATION FORTHCOMING WHATSOEVER. A NUMBER OF US
{11:19:04} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
HAVE SPENT MANY HOURS OVER THE LAST TRUE YEARS TRYING TO GET
HEARINGS FOR THESE SIX CIRCUIT COURT OF APPEALS NOMINEES FOR
MICHIGAN AND YET TWO WELL QUALIFIED CANDIDATES, EACH DESERVING
A HEARING AND A SENATE VOTE, HAVE BEEN LEFT IN LIMBO, NO
EXPLANATION, NO STATED OBJECTION. SO WHAT WE'RE DOING TODAY IN
APPROVING NOMINEES, IT SEEMS TO ME, IS SURELY OUR FUNCTION,
TOTALLY APPROPRIATE, AND I BELIEVE AND HOPE THAT THEY WILL BE
{11:19:38} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
CONFIRMED. BUT AS WE DO THIS, WE SHOULD ALSO FOCUS ON NOMINEES
PENDING IN -- PENDING IN THE JUDICIARY COMMITTEE, AWAITING
HEARINGS OR AWAITING A VOTE BY THE COMMITTEE OF A A HEARING WHO
ARE JUST -- AFTER A HEARING WHO ARE JUST LEFT THERE NO MATTER
HOW LONG THEY'VE BEEN WAITING, SOMETIMES AGAIN YEARS IN THE
CASE OF HELEN WHITE, BARRIE G. WE HAVE OTHER WHOSE HAVE BEEN
WAITING SINCE APRIL OF LAST YEAR, JUNE OF LAST YEAR, AUGUST OF
{11:20:11} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
LAST YEAR, SEPTEMBER OF LAST YEAR. I THINK WE SHOULD BE BETTER
THAN THAT. WE SHOULD RISE ABOVE THAT KIND OF NONACTION ON THE
PART OF OUR JUDICIARY COMMITTEE. SO NO PLEA FROM ME OR FROM
OTHERS WHO HAVE WORKED WITH ME ON THESE NOMINATIONS HAVE
PRODUCED HEARINGS. DESPITE THE EDITORIALS, DESPITE THE LETTERS
FROM THE BAR ASSOCIATIONS AND FROM JUDGE MERIT, DESPITE ALL
{11:20:46} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
THESE EFFORTS, WE'VE RECEIVED JUST SILENCE AND JUST STATEMENTS
ABOUT WAITING A LITTLE LONGER OR JUST WE'LL SEE OR WE'LL TRY.
WE SHOULD BE BETTER THAN THAT. THE CONSTITUTION WANTS US TO BE
BETTER THAN THAT. AT THE SAME TIME I WILL VOTE SURELY TO
CONFIRM THESE NOMINEES WHOSE NOMINATIONS IN MANY CASES WERE
SENT TO THE SENATE, HEARD BY THE JUDICIARY COMMITTEE, AND
APPROVED BY THE JUDICIARY COMMITTEE IN LESS THAN A WEEK. MY
{11:21:23} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
MIND WILL ALSO GO FORTH TO THE VACANCYS THAT EXIST ON THE SIXTH
CIRCUIT COURT OF APPEALS THAT REMAIN UNFILLED FOR YEARS, WHERE
THERE'S A JUDICIAL EMERGENCY, A LONG BACKLOG, AND WHERE DESPITE
ALL THE PLEAS FROM THE BAR ASSOCIATION, FROM THE SIXTH CIRCUIT,
FROM INDEED THE CHIEF JUSTICE OF THE UNITED STATES TO VOTE ON
CONFIRMATIONS, WE HAVE THESE WELL QUALIFIED TWO WOMEN FROM
MICHIGAN SITTING THERE AWAITING HEARING ENDLESSLY IN LIMBO, NO
{11:21:56} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }
WORD BY SILENCE, NO EXPLANATION AS TO WHY THE HEARING IS
REFUSED, NO OBJECTION BEING NOTED OR STATED TO THEIR
NOMINATIONS, JUST TWO WELL QUALIFIED WOMEN LEFT IN LIMBO AND IN
SILENCE. WE CAN DO BETTER. WE SHOULD DO BETTER. AND I HOPE THAT
WE'LL FIND A WAY SOME DAY TO DO BETTER. I YIELD THE FLOOR. I
NOTE THE ABSENCE OF A QUORUM.
{11:22:31 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE CLERK WILL CALL THE ROLL WITH THE
TIME BEING EQUALLY DIVIDED. WITHOUT OBJECTION, THE CLERK WILL
CALL THE ROLL.
QUORUM CALL:
{11:25:21 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }
A SENATOR: MR. PRESIDENT?
{11:25:24 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE CHAIR RECOGNIZES THE SENATOR FROM
IOWA.
{11:25:28 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }
A SENATOR: I ASK THAT FURTHER PROCEEDINGS ON THE QUORUM CALL BE
DISPENSED WITH.
{11:25:32 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.
{11:25:35 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }
A SENATOR: MR. PRESIDENT, PARLIAMENTARY INQUIRY, I UNDERSTAND
THIS SENATOR HAS 30 MINUTES.
{11:25:38 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THAT IS CORRECT.
{11:25:41 NSP} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
MR. HARKIN: I THANK THE PRESIDENT. MR. PRESIDENT, I WILL
SUPPORT CONSIDERATION BY THE SENATE OF THESE NOMINATIONS TO
FILL THE DISTRICT JUDGE VACANCIES IN ARIZONA AND ILLINOIS
BECAUSE WE ARE ENTERING A CRITICAL STAGE IN THE RISING NUMBER
OF JEW DISH -- JUDICIAL VACANCYS IN OUR FEDERAL COURTS.
HOWEVER, IN ADDITION TO THE DISTRICT VACANCIES, THERE ARE 22
VACANCYS IN OUR FEDERAL APPEALS COURTS. AND PENDING BEFORE THE
JUDICIARY COMMITTEE ARE SEVERAL APPEALS COURT NOMINATIONS WHO
ARE MORE THAN QUALIFIED TO FILL THOSE POSITIONS. THAT OF COURSE
{11:26:12} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
INCLUDES A STATE OF MINE, BONNIE J. CAMPBELL, THE FORMTER
ATTORNEY GENERAL OF THE STATE OF IOWA AND PRESENTLY THE HEAD OF
THE DEPARTMENT OF JUSTICE'S OFFICE OF VIOLENCE AGAINST WOMEN.
HER NOMINATION FOR THE EIGHTH CIRCUIT U.S. COURT OF APPEALS.
THESE POSITIONS SHOULD BE FILLED WITH QUALIFIED INDIVIDUALS AS
SOON AS POSSIBLE. I URGE THE REPUBLICAN LEADERSHIP TO TAKE THE
STEPS NECESSARY TO ALLOW THE FULL SENATE TO VOTE UP OR DOWN ON
THESE IMPORTANT NOMINATIONS. ESSENTIALLY WHAT I HAVE BEEN
{11:26:47} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
HEARING FROM THE OTHER SIDE OF THE AISLE, FROM THE REPUBLICAN
LEADERSHIP, IS BASICALLY, HEY, THIS IS AN ELECTION YEAR. WHY
ALLOW CIRCUIT NOMINEES A VOTE ON THE FLOOR?
HOLD IT UP. MAYBE GOVERNOR BUSH WILL WIN THE ELECTION AND WE'LL
CONTROL THE SENATE AND THE HOUSE AND WE CAN HAVE A WHOLE NEW
BATCH OF APPOINTEES THAT WE CAN PUT UP NEXT YEAR. WELL, THAT
ATTITUDE LED ME TO TAKE A LOOK AT THE HISTORY OF OUR JUDICIAL
NOMINATIONS. SO, MR. PRESIDENT, LET'S GO BACK TO A TIME WHEN
THERE WAS A MIRROR IMAGE, SORT OF, WHAT WE HAVE RIGHT HERE,
{11:27:19} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
WHEN THERE WAS A REPUBLICAN PRESIDENT IN THE WHITE HOUSE, AND A
DEMOCRATIC MAJORITY IN THE UNITED STATES SENATE. THAT YEAR
WOULD BE 1992. THAT YEAR FROM JULY THROUGH OCTOBER THE
DEMOCRATICLY CONTROLLED SENATE CONFIRMED NINE CIRCUIT JUDGES.
THIS YEAR WITH A DEMOCRATIC PRESIDENT BUT A
REPUBLICAN-CONTROLLED SENATE, ONLY ONE CIRCUIT NOMINEE HAS BEEN
{11:27:55} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
CONFIRMED THIS YEAR. WE HAVE SEVERAL PENDING, BUT WE SEE NO
ACTION AND TIME IS RUNNING OUT. BASICALLY WHAT I'VE BEEN TOLD
IS IT'S OVER WITH. THEY ARE NOT GOING TO REPORT ANY MORE OF
THESE NOMINEES OUT FOR CIRCUIT COURTS. I'VE ALSO HEARD THE
ARGUMENT THAT BONNIE CAMPBELL WASN'T NOMINATED UNTIL THIS YEAR
SO WE SHOULDN'T EXPECT THIS NOMINEE TO GO THROUGH. LET'S TAKE A
LOOK AT WHAT I'M TALKING ABOUT HERE WITH THESE CHARTS. MR.
PRESIDENT, THIS IS KIND AFTER BUSY LOOKING CHART, BUT THESE ARE
{11:28:29} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
THE CIRCUIT JUDGES NOMINATED IN 1992 BY THEN PRESIDENT GEORGE
BUSH. THESE WERE ALL NOMINATED IN 1992. THERE WERE 14
NOMINATED. THERE WERE NINE WHO HAD HEARINGS. NINE WHO WERE
REFERRED AND NINE WHO WERE CONFIRMED. NINE OUT OF 14 THAT WERE
NOMINATED THAT YEAR. WE HAD SOME NOMINATED. WE HAD ONE HERE --
{11:29:01} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
I DON'T KNOW WHO TIMOTHY LEWIS IS. HE'S OBVIOUSLY NOW A CIRCUIT
JUDGE SOMEWHERE. HE WAS NOMINATED IN SEPTEMBER OF 1992, HAD HIS
HEARING IN SEPTEMBER OF 1992, REFERRED IN OCTOBER OF 1992, AND
CONFIRMED IN OCTOBER OF 1992. IF THE ATTITUDE THAT PREVAILS
AMONG THE REPUBLICAN LEADERSHIP TODAY HAD PREVAILED IN THE
DEMOCRATICALLY CONTROLLED SENATE IN 1992, WHAT WE WOULD HAVE
HAD IS WHAT WE HAVE TODAY, ONE, ONE CIRCUIT COURT JUDGE WHO
{11:29:35} (MR. HARKIN) { NOT AN OFFICIAL TRANSCRIPT }
WOULD HAVE BEEN CONFIRMED. AND THAT WAS IN JULY. WE HAVE HAD
NONE SINCE JULY. HERE IN 1992 WE HAD ONE IN SEPTEMBER, -- I'M
SORRY, WE HAD TWO IN SEPTEMBER, ONE IN AUGUST -- TWO IN AUGUST.
TWO IN AUGUST, TWO IN SEPTEMBER, AND ONE IN OCTOBER. THAT LATE
IN AN ELECTION YEAR.
{END: 2000/10/03 TIME: 11-30 , Tue. 106TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}