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

           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

           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

           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

           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

           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

           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

           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

           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

           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

           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

           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

           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.
           

           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:
           

           A SENATOR: MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE CHAIR RECOGNIZES THE SENATOR FROM
           IOWA.
           

           A SENATOR: I ASK THAT FURTHER PROCEEDINGS ON THE QUORUM CALL BE
           DISPENSED WITH.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.
           

           A SENATOR: MR. PRESIDENT, PARLIAMENTARY INQUIRY, I UNDERSTAND
           THIS SENATOR HAS 30 MINUTES.
           

           THE PRESIDING OFFICER: THAT IS CORRECT.
           

           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

           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

           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,

           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

           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

           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 --

           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

           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}