Executive Session

Floor Speech

Date: March 15, 2007
Location: Washington, DC
Issues: Judicial Branch

EXECUTIVE SESSION -- (Senate - March 15, 2007)

BREAK IN TRANSCRIPT

Mr. SPECTER. Mr. President, I urge my colleagues to support Thomas Michael Hardiman for the Court of Appeals for the Third Circuit. He has served on the U.S. District Court for the Western District of Pennsylvania. He has an outstanding academic record. He has a law degree from Georgetown, bachelor's degree from the University of Notre Dame. He started his practice of law in 1990. He has an outstanding record both academically and professionally.

Senator Santorum and I know him personally and can vouch for him. I urge my colleagues to confirm him for the Third Circuit.

I ask unanimous consent that my full statements on the nominees be printed in the Record.

There being no objection, the material was ordered to be printed in the Record, as follows:

Statement of Senator Arlen Specter on the Nomination of Thomas Michael Hardiman to the United States Court of Appeals for the Third Circuit

Mr. President, I seek recognition today to urge my colleagues to confirm Thomas Michael Hardiman to the Third Circuit Court of Appeals. Judge Hardiman was nominated during the last Congress, and a hearing was held on November 14, 2006. The Senate, however, did not act on his nomination prior to adjournment of the 109th Congress. President Bush re-nominated Judge Hardiman on January 9, 2007 and his nomination was reported out of Committee favorably on March 8, 2007.

Judge Hardiman has an impressive resume and strong bipartisan support in the Commonwealth of Pennsylvania. He received his B.A. from the University of Notre Dame in 1987 and his J.D. from Georgetown University Law Center in 1990. He served on the Georgetown Law Journal as an Associate Editor and as a Note and Comment Editor.

After law school, Judge Hardiman joined the Washington, DC, office of Skadden, Arps, Slate, Meagher, & Flom as an associate in their litigation group. In 1992, Judge Hardiman moved to Pittsburgh and joined the litigation group of Cindrich & Titus, which later became Titus & McConomy. In 1996, he was elected partner. In 1999, Judge Hardiman joined the law firm of Reed Smith, also in Pittsburgh, as a partner.

In 2003, Judge Hardiman was nominated to be a U.S. District Judge for the Western District of Pennsylvania. On October 22 of that year, the Senate confirmed him to that position by voice vote. Throughout his legal career, he has taken time to give back to the people of Pennsylvania, most notably through his active involvement in Big Brothers and Big Sisters of Greater Pittsburgh, of which he is a past president.

The American Bar Association unanimously rated Judge Hardiman ``well qualified.'' The vacancy to which Judge Hardiman is nominated has been designated a ``judicial emergency'' by the nonpartisan Administrative Office of the Courts.

Lawyers and judges who know Judge Hardiman best believe he is the right choice to succeed for Judge Richard L. Nygaard. Timothy Lewis, a Pittsburgh native and former Third Circuit judge, recently praised this nomination. Judge Lewis, who considers himself pro-choice and a civil rights activist, emphasized the consensus nature of this nomination: He said ``[t]his is the perfect opportunity--gift wrapped, signed, sealed and delivered--for both [parties] to work together.'' He reiterated his belief that ``[t]here is absolutely no way anyone is going to find a more moderate candidate who is completely noncontroversial'' and that Judge Hardiman ``is the quintessential perfect judicial nomination for the 3rd Circuit.''

I urge all my colleagues to join me and Senator Casey in supporting this fine nominee.

Statement of Senator Arlen Specter on the Nomination of Otis D. Wright, II to the United States District Court for the Central District of California

Mr. President, I seek recognition today to support the nomination of Judge Otis D. Wright, II of California to be a district court judge in the United States District Court for the Central District of California.

Judge Wright was nominated to the District Court for the Central District of California during the last Congress; however, the Senate did not act on his nomination prior to adjournment of the 109th Congress.

President Bush re-nominated Judge Wright on January 9, 2007. A hearing was held on his nomination on February 6 and the Judiciary Committee favorably reported him to the floor on March 1.

Judge Wright has dedicated much of his life to public service. He is a veteran of the Marine Corps and served for eleven years in the Los Angeles County Sheriff's Department. He also has considerable experience as a prosecutor.

Judge Wright received his B.S. from California State University of Los Angeles in 1976 and his J.D. from Southwestern School of Law in 1980.

Prior to receiving his B.S., he served as a sergeant in the U.S. Marine Corps from 1963-1969. From 1969 to 1980, including his time in law school, Judge Wright served as a deputy sheriff in Los Angeles.

After law school, Judge Wright took a position as Deputy Attorney General in the Criminal Appeals Section of the California Department of Justice. During his three years in the office, he handled approximately 200 appeals before the Court of Appeals and the California Supreme Court.

In 1983, Judge Wright joined the Los Angeles office of Wilson, Elser, Moskowitz, Edelman and Dicker LLP.

As a partner in the firm, he handled all aspects of insurance law including, drafting of policies and reinsurance treaties, providing coverage options, auditing insurance company claims departments, defending insurance companies in direct actions by insureds for bad-faith, and defending insureds on a wide variety of matters.

On October 28, 2005, Governor Arnold Schwarzenegger appointed Judge Wright to the California Superior Court for the County of Los Angeles. Judge Wright is assigned to the Substance Abuse Court where he handles driving under the influence (DUI) arraignments, pre-trial, motions, and sentencing. He also monitors three drug diversion programs for felony drug possession offenders, including probation violation sentencing hearings.

The American Bar Association has unanimously rated Judge Wright ``qualified.''

The vacancy to which Judge Wright is nominated has been designated a ``judicial emergency'' by the nonpartisan Administrative Office of the Courts. The people of California will be grateful to see this vacancy filled so that litigants do not suffer from unnecessary delays.

I urge my colleagues to join me in supporting this fine nominee.

Statement of Senator Arlen Specter on the Nomination of John Preston Bailey to be a United States District Judge for the Northern District of West Virginia

Mr. President, I seek recognition today to support the nomination of John Preston Bailey to the United States District Court for the Northern District of West Virginia.

Mr. Bailey was nominated during the last Congress, but a hearing was not held on his nomination in the Judiciary Committee prior to the adjournment of the 109th Congress.

President Bush re-nominated Mr. Bailey in the 110th Congress on January 9, 2007. A hearing was held on the nomination on February 6, 2007 and it was unanimously reported out of the Judiciary Committee on March 1, 2007.

Mr. Bailey is a highly regarded attorney in his home state of West Virginia where his qualifications are well known. He received his Bachelor of Arts degree from Dartmouth College in 1973 and received his Juris Doctorate degree from the West Virginia University College of Law in 1976.

Upon graduating from law school, he clerked for two years in the chambers of Judge Charles H. Haden, II, on the U.S. District Court for the Southern District of West Virginia.

Following his clerkship, Mr. Bailey returned home to Wheeling, West Virginia, to join the law firm Bailey, Riley, Buch & Harman, where he remains today.

Mr. Bailey has had an impressive career as a general practitioner. He has handled a diverse civil caseload ranging from personal injury and mass toxic tort defense to complex construction litigation and bankruptcy matters.

In addition to his civil docket, he has served as the Ohio and Marshal County Assistant Prosecutor. In that capacity he has handled the full spectrum of criminal matters.

The American Bar Association has rated unanimously Mr. Bailey ``Qualified.''

The vacancy to which Mr. Bailey is nominated has been designated a ``judicial emergency'' by the nonpartisan Administrative Office of the Courts, underscoring how pressing it is that we act to fill the vacancy.

I urge my colleagues to join me in supporting this fine nominee.


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