[Senate Hearing 106-807]
[From the U.S. Government Publishing Office]
S. Hrg. 106-807
NOMINATIONS OF JOHN RAMSEY JOHNSON AND GERALD I. FISHER
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HEARING
BEFORE THE
COMMITTEE ON
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SIXTH CONGRESS
SECOND SESSION
ON THE
NOMINATIONS OF JOHN RAMSEY JOHNSON AND GERALD I. FISHER TO BE ASSOCIATE
JUDGES OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
__________
SEPTEMBER 13, 2000
__________
Printed for the use of the Committee on Governmental Affairs
__________
U.S. GOVERNMENT PRINTING OFFICE
67-287 WASHINGTON : 2000
_______________________________________________________________________
For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402
COMMITTEE ON GOVERNMENTAL AFFAIRS
FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware JOSEPH I. LIEBERMAN, Connecticut
TED STEVENS, Alaska CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii
GEORGE V. VOINOVICH, Ohio RICHARD J. DURBIN, Illinois
PETE V. DOMENICI, New Mexico ROBERT G. TORRICELLI, New Jersey
THAD COCHRAN, Mississippi MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania JOHN EDWARDS, North Carolina
JUDD GREGG, New Hampshire
Hannah S. Sistare, Staff Director and Counsel
Johanna L. Hardy, Counsel
Kristine I. Simmons, Staff Director, Oversight of Government
Management,
Restructuring, and the District of Columbia Subcommittee
Mason C. Alinger, Professional Staff Member, Oversight of
Government Management, Restructuring, and the District of Columbia
Subcommittee
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Peter A. Ludgin, Minority Professional Staff Member
Marianne C. Upton, Minority Chief Counsel/Staff Director,
Oversight of Government Management, Restructuring, and the District of
Columbia Subcommittee
Darla D. Cassell, Chief Clerk
C O N T E N T S
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Opening statements:
Page
Senator Voinovich............................................ 1
WITNESSES
September 13, 2000
Hon. Eleanor Holmes Norton, a Delegate in Congress from the
District of Columbia........................................... 1
John Ramsey Johnson, to be an Associate Judge of the Superior
Court of the District of Columbia.............................. 3
Gerald I. Fisher, to be an Associate Judge of the Superior Court
of the District of Columbia.................................... 4
Alphabetical List of Witnesses
Fisher, Gerald I.:
Testimony.................................................... 3
Biographical information..................................... 28
Johnson, John Ramsey:
Testimony.................................................... 4
Biographical information..................................... 7
Norton, Hon. Eleanor Holmes:
Testimony.................................................... 1
NOMINATIONS OF JOHN RAMSEY JOHNSON AND GERALD I. FISHER
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WEDNESDAY, SEPTEMBER 13, 2000
U.S. Senate,
Committee on Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 9:10 a.m., in
room SD-342, Dirksen Senate Office Building, Hon. George
Voinovich presiding.
Present: Senator Voinovich.
OPENING STATEMENT OF SENATOR VOINOVICH
Senator Voinovich. The hearing will come to order. I would
like to welcome everyone here this morning, especially our
nominees, Gerald Fisher and John Ramsey Johnson, who have been
nominated to serve as Associate Judges for the District of
Columbia. Let me state for the record that both of our nominees
have been subjected to a very thorough screening process.
They were recommended by the District's Judicial Nomination
Committee, subjected to FBI background investigations and
subsequently nominated by the President of the United States.
Since the nominations were received, the Committee staff has
also conducted separate background checks and interviews of
both of the nominees.
And I want to say that yesterday I visited with the White
House Counsel and looked over the FBI reports and so forth, so
I am pretty familiar with your backgrounds, and then our staff
has done a lot of work. So I think, for the record, people
should know that both of these candidates have been subjected
to an enormous amount of scrutiny by not only the White House,
but by the Senate, and have gone through all the various
screenings that one has to go through, and you all ought to
feel very good about the fact that you are here, because if you
had not done that well, you would not be here today.
We are privileged to have with us today Congresswoman
Eleanor Holmes Norton, who does an outstanding job of
representing the District. She has been very conscientious
about trying to make sure that we get the very best people on
the courts here in the District. Eleanor, it is nice to welcome
you here this morning.
STATEMENT OF ELEANOR HOLMES NORTON, A DELEGATE IN CONGRESS FROM
THE DISTRICT OF COLUMBIA
Ms. Norton. Thank you very much, Mr. Chairman. The District
very much appreciates that you have moved so expeditiously to
hold this hearing, to fill two spots, two places on our local
bench. As you may know, I do not participate in the selection
of the local benches. I do U.S. District Court judges, because
I regard that as a home-rule matter, but since this is an
Article I court, it is always a great pleasure to sponsor and
introduce nominees who have completed a thoroughly professional
screening process.
We have a wonderful doubleheader here today, with two
outstanding nominees. First, let me introduce John Ramsey
Johnson. I know that the U.S. Attorney's Office--and I see the
United States Attorney here--will miss this mainstay of the
U.S. Attorney's Office. He has himself served as interim U.S.
Attorney, appointed first by Attorney General Janet Reno, then
by the U.S. District Court judges themselves.
He has held the second-highest position in the U.S.
Attorney's Office, Acting Principal U.S. Attorney. In that
office, as a career U.S. Attorney, Mr. Johnson has done it all.
He has, across the board, deep experience in prosecuting
everything from local crimes to international terrorism, civil
and criminal appeals, and training new assistants. His work in
the U.S. Attorney's Office has been excellent preparation to
serve on our Superior Court bench.
Despite his busy professional life, Mr. Johnson has managed
to be elected to office at his local public school PTA, where
his son is in the second grade, and to act as a mentor to
youngsters. He is almost a lifelong resident of the city, went
to undergraduate school at Georgetown, got his law degree at
Antioch Law School, now known as the University of the District
of Columbia Law School, and he was a captain in the Air Force.
This is an outstanding candidate, we believe, for you to
consider, Mr. Chairman.
I would next like to introduce Gerald Fisher, also an
excellent candidate who has had a distinguished career in
private practice, most recently at Fisher and Hansen. His deep
experience comes as a supervising attorney initially at
criminal defense clinics which involve five of our six law
schools: Georgetown, Howard, George Washington, Catholic, and
American. He himself is a specialist in complex criminal and
civil litigation. Over 15 years, he has taught evidence, trial
practice, and capital punishment jurisprudence at Georgetown
Law School as an adjunct professor.
Mr. Fisher is frequently on the faculty for child-advocacy
programs around the country. He is a graduate of the College of
William and Mary in Virginia, and Catholic University Law
School here. He clerked in our own District of Columbia Court
of Appeals. I am very pleased to recommend this highly-
qualified candidate.
Senator Voinovich. Thank you very much. I just would like
to say that the fact that I am here should not be interpreted
as the fact that this is not very important to the Members of
the Senate. I know that several other Members would like to
have been here this morning, but they have some conflicts in
their schedule. I just want the family to know that this is a
big deal. And so we are glad to have all of you here. Mr.
Ramsey, would you like to introduce your wife and children?
Mr. Johnson. I certainly would, Mr. Chairman. Thank you
very much. This is my wife, Monica McGowan, and my daughter,
Molly, who is about to turn 12, and my son, John, who is seven.
And I also have with me today, if I may mention them, U.S.
Attorney Wilma Lewis and a close colleague of mine, also from
the office, Channing Phillips. Thank you.
Senator Voinovich. You are going to be missing somebody
important in your operation.
Ms. Lewis. Yes, we will.
Senator Voinovich. I am sure you are rejoicing in the fact
he is going to have an opportunity to serve in another way. I
told the children, ``You know, I think you are going to see
more of your dad.'' [Laughter.]
He is going to work hard, but one thing, for the most part,
judges do control their schedules, as contrasted to people who
are in the Attorney's office--you are always there; aren't you?
Mr. Fisher, would you like to introduce--I know that your
law partner is here today, and you are welcome to introduce
your friends.
Mr. Fisher. I would like to introduce Mary Kennedy, who is
my significant other, my life partner, and next to her is Kurt
Hansen, my law partner at Fisher and Hansen. As I indicated to
you earlier, if I am fortunate enough to be confirmed, I am the
fourth partner that he has had who ascends to the Superior
Court bench.
Senator Voinovich. He ought to go into business, just
advertise. [Laughter.]
We have a tradition here in this Committee that we ask all
of our witnesses to go under oath, and if you will both stand,
I would like to swear you in. Please raise your right hand and
repeat after me. Do you solemnly swear that the testimony you
will give the Committee today will be the truth, the whole
truth, and nothing but the truth, so help you, God?
Mr. Fisher. I do.
Mr. Johnson. I do.
Senator Voinovich. Let the record show that both of our
candidates answered in the affirmative. Mr. Johnson, we are
pleased to have you here today, and would you like to make any
kind of an opening statement?
TESTIMONY OF JOHN RAMSEY JOHNSON,\1\ TO BE AN ASSOCIATE JUDGE
OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Johnson. Only very briefly. Thank you, Mr. Chairman. I
wanted to tell you that I am greatly honored to be testifying
here today. I wanted to thank the President for nominating me
to be an Associate Judge of the Superior Court. I particularly
wanted to thank you for holding this hearing and the Committee
for moving forward on this. This is really a great honor, and I
will be very happy to answer any questions you may have.
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\1\ The biographical information of Mr. Johnson appears in the
Appendix on page 7.
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Senator Voinovich. Mr. Fisher.
TESTIMONY OF GERALD I. FISHER,\1\ TO BE AN ASSOCIATE JUDGE OF
THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Fisher. Thank you, Mr. Chairman. I also share Mr.
Johnson's sentiments about being very honored to be here--both
being nominated by the President and being allowed to come
before this Committee. I just wanted to add my special thanks
to Delegate Norton for taking her time out from what I know is
a very busy schedule today to come and introduce us.
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\1\ The biographical information of Mr. Fisher appears in the
Appendix on page 28.
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And I also wanted to thank the Committee staffers, who have
really made this process extremely understandable and easier
than I otherwise thought it would be. The last point is I am
especially happy to be here today with Ramsey Johnson, who is a
friend and colleague of 20 years and, in my opinion, as
deserving of this position as anybody in the city. Thank you
very much.
Senator Voinovich. I mentioned earlier that I read your
background, and you have been through a series of
investigations and staff work. I would be interested for the
record to have each one of you respond to why it is that you
want to hold this position. Both of you are successful in your
own particular fields and I would be interested in knowing why
it is that you want to serve on the bench.
Mr. Johnson.
Mr. Johnson. Yes, Senator. Thank you. I have, as I think
the record indicates, spent essentially my entire life in
Washington, D.C., and it is my hometown. Even though I
understand it is the Nation's capital and has various members
of the diplomatic corps and others here, but I actually live in
the house I grew up in, and my wife and I have put an addition
on the back, but we are raising our children in the same place
where I grew up. They are learning to ride their bicycles on
the same sidewalk.
And all of that has given me a connection to this city that
I find very rewarding. The Superior Court of the District of
Columbia serves the people of the District of Columbia and all
their many problems. Usually problems bring people to a
courthouse, from family law to difficulties with juveniles and
adult crime, and civil cases. It is, to me, looking at it as a
lawyer, an important part of the lifeblood of a community.
And I am hopeful that, based on my years of experience and
training, and just my years, that I can bring some judgment,
perspective and love of this city to the job, and not only
would it be, I hope, rewarding for me, but that it would, in
fact, benefit the people who live and work here.
Senator Voinovich. In Ohio, it is like our Court of Common
Pleas, where you really deal with the problems of the people in
the area.
Mr. Johnson. Exactly.
Senator Voinovich. It is not a bad thing to have somebody
who lives in the area be a judge on the bench. One of the
things we did in our city when I was mayor was that we had a
residency requirement and a lot of people hooted and howled
over it. It was not retroactive, but for new people, they had
to live in the city. It has really made a big difference. It
really has, because there is a certain sense of commitment to
the city because you are a resident of the city, and it is a
good dimension and it is great.
Mr. Fisher.
Mr. Fisher. Thank you, Senator. I share a lot of the
feelings that Mr. Johnson has, although I have not been here in
the city nearly as long. I have lived here over 20 years now. I
must confess that I do not leave private practice without some
regrets. I enjoy litigation and I enjoy many of the things I
do. I guess I have come to the point in my career where there
is a certain frustration in being unable to solve and address
problems from the position that I am in, and I think being a
judge can help you to do that.
Hopefully, I, too, will bring some wisdom and some judgment
and some experience and maybe just good old common sense to the
job and can do more good for this city than I have thus far
been able to do.
Senator Voinovich. Well, I do not think enough people in
this country have an appreciation about how important our good
judges are to our society, and it is nice that both of you are
interested in pursuing a seat on the Superior Court.
I have some questions that must be answered. They are
mandatory questions and I am going to ask each one of you--I
will read the question first and then you can respond to it.
First, are you aware of anything in your background that might
present a conflict of interest with the duties of the office to
which you have been nominated?
Mr. Johnson.
Mr. Johnson. No, Mr. Chairman.
Senator Voinovich. Mr. Fisher.
Mr. Fisher. No, Mr. Chairman.
Senator Voinovich. Do you know any reason, personal or
otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Mr. Johnson. No, Mr. Chairman.
Mr. Fisher. No.
Senator Voinovich. Do you know of any reason, personal or
otherwise, that would in any way prevent you from serving the
full term for the office to which you have been nominated?
Mr. Johnson. No, Mr. Chairman.
Mr. Fisher. No, Mr. Chairman.
Senator Voinovich. Let the record show that the answers to
all those questions were no.
Is there anything else that you would like to add?
Mr. Johnson. No, sir. Thank you.
Mr. Fisher. I don't believe so.
Senator Voinovich. The procedure is that once this hearing
is held, then it will go to the Committee as a whole and for
review. We will see what we can do to move it along as quickly
as we can and hopefully get it done before we get out of here.
I know that you are needed in the positions which you are
seeking, and I will do what I can to move this along for you,
but at this stage of the game here in Congress, it is hard to
figure out what is going on. Thank you so much for being here
and I am so glad that you were able to bring your friends, Mr.
Fisher, with you, and Mr. Johnson, your family.
Mr. Fisher. Thank you, Senator.
Mr. Johnson. Thank you.
Senator Voinovich. I wish you good luck in your new career.
The hearing is adjourned.
[Whereupon, at 9:26 a.m., the Committee was adjourned.]
A P P E N D I X
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