[Senate Hearing 108-101] [From the U.S. Government Publishing Office] S. Hrg. 108-101 NOMINATIONS OF JERRY S. BYRD, JUDITH NAN MACALUSO, J. MICHAEL RYAN, III, AND FERN FLANAGAN SADDLER ======================================================================= HEARING before the COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION ON THE NOMINATIONS OF JERRY S. BYRD, JUDITH NAN MACALUSO, J. MICHAEL RYAN, III, AND FERN FLANAGAN SADDLER, TO BE ASSOCIATE JUDGES FOR THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA __________ JUNE 18, 2003 __________ Printed for the use of the Committee on Governmental Affairs 88-679 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois ROBERT F. BENNETT, Utah THOMAS R. CARPER, Deleware PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas Michael D. Bopp, Staff Director and Counsel Johanna L. Hardy, Senior Counsel Theresa Prych, Professional Staff Member, Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee Joyce A. Rechtschaffen, Minority Staff Director and Counsel Jennifer E. Hamilton, Minority Research Assistant Marianne Clifford Upton, Minority Staff Director and Chief Counsel, Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee Amy B. Newhouse, Chief Clerk C O N T E N T S ------ Opening statements: Page Senator Voinovich............................................ 1 Senator Carper............................................... 7 Prepared statement: Senator Lautenberg........................................... 17 WITNESSES Wednesday, June 18, 2003 Hon. Eleanor Holmes Norton, Congresswoman from the District of Columbia....................................................... 2 Jerry S. Byrd, to be Associate Judge of the Superior Court of the District of Columbia........................................... 4 Judith Nan Macaluso, to be Associate Judge of the Superior Court of the District of Columbia.................................... 5 J. Michael Ryan, III, to be Associate Judge of the Superior Court of the District of Columbia.................................... 5 Fern Flanagan Saddler, to be Associate Judge of the Superior Court of the District of Columbia.............................. 6 Alphabetical List of Witnesses Byrd, Jerry S.: Testimony.................................................... 4 Biographical and professional information.................... 27 Macaluso, Judith Nan: Testimony.................................................... 5 Biographical and professional information.................... 41 Norton, Hon. Eleanor Holmes: Testimony.................................................... 2 Ryan, J. Michael, III: Testimony.................................................... 5 Biographical and professional information.................... 76 Responses to pre-hearing questions........................... 106 Saddler, Fern Flanagan: Testimony.................................................... 6 Biographical and professional information.................... 113 Appendix Hon. John W. Warner, a U.S. Senator from the State of Virginia, prepared statement............................................. 17 Hon. Paul Strauss, Shadow U.S. Senator from the District of Columbia, prepared statement................................... 18 NOMINATIONS OF JERRY S. BYRD, JUDITH NAN MACALUSO, J. MICHAEL RYAN, III, AND FERN FLANAGAN SADDLER ---------- WEDNESDAY, JUNE 18, 2003 U.S. Senate, Committee on Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 10 a.m., in room SD-342, Dirksen Senate Office Building, Hon. George V. Voinovich, presiding. Present: Senators Voinovich and Carper. OPENING STATEMENT OF SENATOR VOINOVICH Senator Voinovich. Good morning. I apologize for being late this morning. I had a small emergency in the office. A special welcome to the families, friends, and colleagues that are here. The hearing will come to order, and I would like to welcome you today. The Senate Committee on Governmental Affairs convenes to consider four nominations to the Superior Court of the District of Columbia, Jerry S. Byrd to be an Associate Judge, Family Court Division; Judith Macaluso to be an Associate Judge, Family Court Division; J. Michael Ryan to be an Associate Judge, Family Court Division; and Fern Flanagan Saddler to be an Associate Judge. The three nominees to the Family Court Division of the District Superior Court have been nominated to fill new positions created by Congress in the Family Court Act of 2001. These justices will serve the Family Court for the first 5 years of their 15 year term. The Committee takes its oversight responsibility of the District of Columbia Family Court very seriously. We created the Family Court system, and we are committed to making it successful. I welcome today's opportunity to discuss the court with you. Jerry Byrd has served as a Magistrate Judge in D.C. Superior Court since 1981. His legal background includes 16 years of service with neighborhood legal services. Judith Macaluso has made a career of public service. She, too, serves as a Magistrate Judge in the D.C. Superior Court. Prior to that, Ms. Macaluso served as a trial attorney with the U.S. Department of Justice and the Department of Labor. Michael Ryan serves as Special Counsel to the Director of the Public Defender Service. Mr. Ryan's career includes an impressive dedication to mental health issues. He is a member of the Mental Health Retardation Branch Working Group at the D.C. Superior Court and is an advisory board member of the Criminal Justice Mental Health Consensus Project of the Police Executive Research Forum. Fern Flanagan Saddler was nominated by President Bush to fill a vacancy created by the retirement of Judge Patricia A. Wynn. Ms. Flanagan currently serves as Magistrate Judge for the Superior Court and has served since 1991. Her impressive background also includes service as the Acting Chief Deputy Clerk of the D.C. Court of Appeals and senior staff attorney at the Court of Appeals. I now welcome my colleague, Congresswoman Eleanor Holmes Norton for the District of Columbia, who is here to offer a few words of introduction for our nominees. Eleanor, thank you for being here with us today. You always have been very conscientious about your responsibilities, and we both recognize how important these judges are to the District. STATEMENT OF HON. ELEANOR HOLMES NORTON, A REPRESENTATIVE IN CONGRESS FROM THE DISTRICT OF COLUMBIA Ms. Norton. Thank you very much, Mr. Chairman. And may I thank you as well for your very kind and diligent attention to matters facing the District of Columbia, not the least of which was the creation or the revision of the Family Court, the first revision in 30 years, on which you and your Committee worked so diligently, and this particular introduction is of special interest. Fifteen new judges were authorized. Three of the four nominees here today will be Family Court Judges. You have outlined their qualifications. I will try not to repeat what you have said; rather I will quickly run through some of their impressive credentials. I will do so in alphabetical order. Jerry S. Byrd, who is now Deputy Presiding Magistrate of the Superior Court, where he has served since 1981, graduated cum laude from Fisk University and from Howard University Law School. Judith N. Macaluso, Magistrate Judge for 5\1/2\ years, spent 22 years as a trial and appellant attorney, won 17 awards at the Justice Department and served at the Labor Department. She is a magna cum laude graduate of Howard University Law School. J. Michael Ryan is Special Counsel to the Director of our Public Defender Service, which we consider the best public defender service in the country. You have spoken of his work in mental health where he has special responsibilities at the Public Defender's Service. He is also an Adjunct Assistant Professor of Psychology at Georgetown University Medical School. He has a B.A. from William and Mary and has a law degree from George Washington University. Finally, Fern Flanagan Saddler, the only judge of general jurisdiction, not for the Family Court in particular. A Magistrate Judge for 11 years, she is a graduate of Wellesley College and of Georgetown University Law School. I very much appreciate your willingness to hold this hearing so promptly, Mr. Chairman. Senator Voinovich. Thank you, Congresswoman. You know that you are welcome to stay for the remainder of the hearing, but I know that you have a very full schedule. We thank you again for being here with us this morning. Ms. Norton. Thank you very much. Senator Voinovich. It is the custom of the Committee to swear in witnesses. Therefore, I would ask all of you to rise. [Witnesses Sworn.] Senator Voinovich. Let the record note that all the witnesses answered in the affirmative. I understand that some of you have family members here today as well as supportive colleagues and friends. Please take this opportunity to introduce them now and make any opening remarks that you would like to make at this time. Mr. Byrd, we will start with you. Mr. Byrd. Thank you, Mr. Chairman. I would like to introduce Ms. Byrd; and Jerry Byrd, Jr., who just graduated from St. John's College High School. My secretary, Aylice Cobb is here. My good friend and colleague, Magistrate Judge Aida Melendez is here. And my long-time friend and colleague for over 20 years, Presiding Magistrate Judge J. Dennis Doylt is here also. Senator Voinovich. Thank you. Ms. Macaluso. Ms. Macaluso. Thank you, Mr. Chairman. I will make an introduction and make very brief remarks, if I may. With me today is Vincent Macaluso, my wonderful husband of 32 years. He is retired from a long career as a public servant. Two of our children were able to be here today, Corine Macaluso, my beloved stepdaughter. She is a Transportation Specialist with the Department of Energy's Office of Civilian Radioactive Waste Management. Adam Macaluso, my beloved stepson, is a trial attorney with GEICO. I am very pleased to introduce dear friends from my legal life, J. Patrick Glynn, a Director of the Torts Branch, Civil Division, U.S. Department of Justice; Margaret Jane Mahoney, a trial attorney with the Environmental Torts Branch, Civil Division, U.S. Department of Justice; Jim Faulk, Jr., a Federal trial attorney and sports attorney, and past Chair of the Litigation Section of the District of Columbia Bar. I am honored to be able to introduce my very good friends from the mental health advocacy community, Joan Bowser, who is President of the District of Columbia Chapter of the National Alliance for the Mentally Ill; and Morton Schussheim who, with his late wife, Hanna Schussheim, was a Founding member of Friends of St. Elizabeths and is on the Board of Directors of the District of Columbia Chapter of the National Alliance for the Mentally Ill. Would now be the appropriate time for me to make my brief remarks? Senator Voinovich. I think what I will do is let everybody introduce their family and then we will hear statements. Thank you. Mr. Ryan. Mr. Ryan. Thank you, Mr. Chairman. I would like to introduce my wife, Catherine Blake Ryan; my son, Michael Porter Ryan; and my daughter, Virginia Blake Ryan. I regret that my parents passed away and could not be here to be present, as well. The Director of the Public Defenders Service for the District of Columbia, Ronald S. Sullivan, Jr. is here with me; my colleagues from the Public Defender Service, close friends and neighbors from my neighborhood, the Palisades. Thank you. Senator Voinovich. Thank you. Ms. Saddler. Ms. Saddler. Good morning, and thank you, Mr. Chairman. With me today are my wonderful husband, Reverend Paul Harvey Saddler, Executive Minister at Shaw Community Ministry in the District of Columbia; my brother, Dr. T. Earl Flanagan, Jr., retired Chief of the Dental Staff at St. Elizabeth's Hospital in Washington, DC; two of my favorite cousins, Malcolm Gee and Joan Miller are here today. I, too, regret that my parents could not be here; they are both deceased. I also have a host of friends, relatives and colleagues here. My colleagues that are here have already been introduced by Judge Byrd so I will not repeat that and I do thank them for coming. Here also are my secretary, Lillie Tyler; and my law clerk, Deborah Ohiomoba. I thank them for coming. Senator Voinovich. Thank you, very much. Mr. Byrd, we welcome any comments you would like to make to the Committee. TESTIMONY OF JERRY S. BYRD,\1\ NOMINEE TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Mr. Byrd. Thank you, Mr. Chairman. --------------------------------------------------------------------------- \1\ The biographical and professional information for Mr. Byrd appears in the Appendix on page 27. --------------------------------------------------------------------------- I see that Congresswoman Elenor Holmes Norton has gone but I want---- Senator Voinovich. Excuse me, Mr. Bryd, I would like to mention that Senator Carper has joined us. Senator Carper, thank you for being here. Senator Carper. My pleasure. Mr. Byrd. I just want to put on the record that I appreciate her introduction of me at this hearing. It is a privilege and an honor for me to appear here today, to have this Committee consider whether to consent to my nomination as an Associate Judge in the District of Columbia Family Court. It is a culminating event. It is the end of a long-time dream. I appreciate the time and effort spent by the Committee members and the staff in considering my nomination. I am particularly grateful to the staff members who worked with me and assisted me in this process, and I really needed it. And finally, of course, I would not be here if the President had not submitted my name to the Senate, and for this I thank the President and the White House Office of Counsel to the President, who saw merit in my candidacy. Last but not least, I am indebted to the D.C. Judicial Nomination Commission for submitting my name to the President. One final remark: As you said, Mr. Chairman, Congress passed the D.C. Family Court Act to create a court that would specialize in family matters, particularly those dealing with children. This Committee has an oversight function to see that the type of judges that are appointed, in fact, have the credentials that are required by the statute. I would just like to say that as to whatever experience I may have gained over the years and I bring to the Family Court, I will dedicate it to the service of the community and D.C. children. I will devote myself to continued training, especially in the behavioral sciences as they improve in diagnosing and dealing with some of the problems that families face in the District of Columbia. Thank you. Senator Voinovich. Thank you, Mr. Byrd. Ms. Macaluso. TESTIMONY OF JUDITH NAN MACALUSO,\1\ A NOMINEE TO BE AN ASSOCIATED JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Ms. Macaluso. Thank you, Mr. Chairman and Senator Carper. --------------------------------------------------------------------------- \1\ The biographical and professional information for Ms. Macaluso appears in the Appendix on page 41. --------------------------------------------------------------------------- I want to thank you both for taking the time to conduct this hearing and to consider my nomination. I also want to thank the highly professional, yet compassionate, Senate staff who helped me through the process and answered my many questions. It is also important for me to thank the members of the Judicial Nomination Commission who recommended me as a candidate; the staff of the White House Counsel's Office and the White House Counsel, Alberto Gonzalez; and President George W. Bush for nominating me. It would be a great privilege and a great responsibility to be entrusted with a judgeship on the District of Columbia's Family Court. Everyone who comes before the D.C. Superior Court deserves the best the court has to offer, but those involved in Family Court are truly the city's most vulnerable people, and I can assure you that, if I am fortunate enough to be confirmed as an Associate Judge on the Family Court, I will do my best to meet their needs. Thank you for considering me. Senator Voinovich. Thank you. Mr. Ryan. TESTIMONY OF J. MICHAEL RYAN, III,\2\ A NOMINEE TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Mr. Ryan. Chairman Voinovich, Senator Carper, and Committee staffers, thank you. --------------------------------------------------------------------------- \2\ The biographical and professional information for Mr. Ryan appears in the Appendix on page 76. --------------------------------------------------------------------------- I am honored to be nominated by the President of the United States to be a judge on the Family Court. I am honored to appear before the Governmental Affairs Committee and the U.S. Senate for confirmation. I grew up in a house in which commitment to public service was always regarded as the highest and best use of one's talents. My father, Joseph Michael Francis Ryan, Jr., who passed away last summer, was a judge on the Superior Court and its predecessor courts for 35 years, the first 10 years actually in a family assignment. He was an attorney for the Department of Justice and in the U.S. Attorney's Office before that. My grandfather, Joseph M. F. Ryan, Sr., was a lawyer in Philadelphia for over 50 years. My commitment to our community and its legal system runs deep. My wife, Catherine, and I are raising our children, Virginia and Porter, to feel this commitment, to appreciate these same values and to understand that the ultimate measure of one's worth is the manner in which we serve our community. My career, from law school to present, honors this commitment. As an attorney for the Public Defender Service in our Mental Health Division, trying many cases in the court's Family Division, it has been my privilege to serve our community for almost 18 years. I have always relished the chance to give a voice to those least fortunate in our society. And the role of the zealous advocate is, without doubt, very important. However, the impartial judge is the sine qua non of our system of justice. If given the opportunity to serve on the Superior Court, I will strive to emulate the best of those who have gone before me, and in front of whom I have practiced, judges who provide an accessible forum for the solution of problems, judges who respect both the law and the litigants, and judges who demonstrate patient fairness in the resolution of disputes. Thank you for this opportunity to address the Committee. The new Family Court is both a challenge and a promise. My career, I would submit, has prepared me to meet this challenge and I am dedicated to fulfill the promise to this city if given the opportunity. Senator Voinovich. Thank you, Mr. Ryan. Ms. Saddler. TESTIMONY OF FERN FLANAGAN SADDLER,\1\ A NOMINEE TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Ms. Saddler. Thank you, Mr. Chairman, Senator Carper, and staff members, for this opportunity to make remarks. --------------------------------------------------------------------------- \1\ The biographical and professional information for Ms. Saddler appears in the Appendix on page 113. --------------------------------------------------------------------------- I would like to say that it is quite an honor and a privilege to be here today. I am so humbled by this occasion. It has been a lifelong dream of mine to become an Associate Judge of the Superior Court of DC. There are so many persons that I wish to thank today. Obviously, I do not have time to thank everyone; we would run out of time. But I would especially like to thank the Judicial Nomination Commission for submitting my name to President George Bush as a candidate for the Superior Court. I wish to thank the President for nominating me as an Associate Judge of the Superior Court. And I would like to thank the Senate staff and the Senate for convening this hearing today. The staff has been particularly helpful and has worked diligently to get me to this stage and through the process. I would also like to thank, even though she left, Delegate Eleanor Holmes Norton for introducing me today, and Senator Paul Strauss, Shadow Senator for the District of Columbia, for being here today and submitting a statement in support of my nomination.\1\ And also, to Senator John Warner and his staff for supporting my nomination, also, and for the statement submitted in support. --------------------------------------------------------------------------- \1\ The prepared statement of Senator Paul Strauss appears in the Appendix on page 18. --------------------------------------------------------------------------- If confirmed, I will be an excellent Associate Judge and will do my best to serve the District of Columbia to the best of my ability. Thank you very much. Senator Voinovich. Thank you. For the record, I would reiterate that the Judicial Nomination Commission recommended your names to the President of the United States. The President then recommended you to the Senate. The Committee reviewed reports from the FBI on each of you. The staff of this Committee have reviewed your qualifications and have asked you many of the tough questions you needed to answer. I have personally reviewed the FBI files on each of you, and I am impressed by your qualifications. The fact that three of you have served as magistrates and have been in public service a long time, it is very comforting to me as you are moving into new positions. Mr. Ryan, you spoke very eloquently, and you are anxious to have an opportunity to serve. This court is very important. I come from a State where we have juvenile judges. I must tell you that when I appointed those judges to fill a vacancy I really paid a lot of attention to the qualities and qualifications of the individuals. As a judge you have an opportunity to make a real difference in the lives of some youngsters and families that really have some problems. What you do and how conscientious you are in carrying out your responsibilities, can leave a lasting impression. You can touch a family. You can touch the individual that comes before you and make a difference for the rest of their lives. That is why we were so interested to establish the Family Court, so we would have that kind of special attention you will bring. You all have unique experiences, and as you to start to work with these cases, with the social workers, and so forth, you have an unbelievable opportunity to touch the lives of people and make a real difference. I hope you look forward to that opportunity. It is a special one. Senator Carper, would you like to make any comments before I ask the witnesses to answer some questions that they are required to answer? OPENING STATEMENT OF SENATOR CARPER Senator Carper. Like Governor Voinovich, I was once a governor. In Delaware, we do not elect judges, we appoint them. Governor's nominate them. We have a judicial nominating commission. They submit the names to the governor and the governor considers those nominees, nominates one and our State Senate than has the opportunity to hold hearings and then to vote to confirm or not to confirm. So this is a process we have both been through from earlier parts of our life and I look forward to asking some questions of all of you. Thank you for coming, and a special welcome to your families and to the Shadow Senator sitting out there in the audience. Senator Voinovich. There are three questions that I am required by the Committee to ask each if you. Is there anything that you are aware of in your background that might present a conflict of interest with the duties of the office to which you have been nominated? I would like each one of you to respond. Mr. Byrd. No, sir. Ms. Macaluso. No. Mr. Ryan. No, sir. Ms. Saddler. No, sir. Senator Voinovich. Do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably discharge the responsibilities of the office to which you have been nominated? Mr. Byrd. No, sir. Ms. Macaluso. No, sir. Mr. Ryan. No, sir. Ms. Saddler. No, sir. 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. Byrd. Mr. Chairman, I would say that I can serve the 5- year term in the Family Court, but would not be able to serve the 15 year term of the regular Associate Judge because I will be forced to retire before I can serve my 15 years. Senator Voinovich. Why would you be forced to retire? Mr. Byrd. The retirement age is 74 and I am 67 now. Senator Carper. You are not. Do you have any ID we could see? Whatever you are eating and drinking, keep it up. Mr. Byrd. Other than that, yes, I can serve. Senator Carper. God, you are old. So am I. Mr. Byrd. Senator Carper, I believe that Shadow Senator Strauss, introduced me to you in the Senate cafeteria about a week ago. Senator Carper. We were eating spinach salads that day, as I recall. Senator Voinovich. Ms. Macaluso. Ms. Macaluso. There is nothing that would interfere with my serving out my full term. Thank you, Mr. Chairman. Mr. Ryan. There is nothing that I am aware of that would interfere with my serving a full term, Mr. Chairman. Senator Voinovich. Ms. Saddler. Ms. Saddler. There is nothing I am aware of that would prevent me from serving the full-term. Senator Voinovich. Thank you. I have a few additional questions that I now would like to ask, but I am going to yield to Senator Carper. He was so kind to come in and appear here this morning. So often, when I have done this, none of my colleagues are able to attend. It is not that they are not interested, but everyone is so busy. They know that you have all gone through the rigors of this whole process. But I particularly appreciate Senator Carper being here and Senator, I would like to give you an opportunity to ask any questions that you might have because I know you are very busy. Senator Carper. You are very kind, Mr. Chairman. Thank you very much. I have three questions I want to ask of each of you. I will mention the questions and then we will come back and take them one at a time. I would like for you to answer these questions in about a minute, if you will. So fairly crisp responses. Why do you want to be a judge? And particularly why do you want to be this kind of judge? Setting aside modesty, I admire modesty in people, but setting aside modesty, why are you well prepared to assume these responsibilities? And how about describing for us the attributes of judges whom you admire and who you would seek to emulate? Mr. Byrd. I guess I go first? Senator Carper. Since you are the oldest. Mr. Byrd. The reason I would like to be an Associate Judge is that I have served as a Magistrate Judge for a long time and I have found that--an Associate Judge, of course, has more responsibility and can do more in terms of assisting the community and helping the Family Court than a Magistrate Judge. As an Associate Judge, I would have more control over the cases that I have. I would control the cases from the beginning to the end. I would be able to fashion orders and solutions to problems that, as a Magistrate Judge, I would not be able to do because once a Magistrate Judge gets through with preliminary proceedings the case is passed over to an Associate Judge. I think I am well prepared for an assignment in the Family Court. I guess out of the 20 years I have been at the court, I have spent, maybe 10 or 15 years dealing with family matters one way or another. So, I have dealt with the type of family cases that I would get as an Associate Judge, at least in their preliminary stages. For example, in our abuse and neglect cases, as a Magistrate Judge, I have dealt with the initial hearing stages and the initial placement of the children, but I have not dealt with the fact-finding or dispositional hearings. That is something I would have to do as an Associate Judge. But the divorces and other items such as mental retardation cases, mental health cases, establishing paternity and child support cases, I already do. So I would think that I would be qualified in these areas. As far as attributes for a judge, I would say that Judge James Belson, who is now a Senior Judge at the Court of Appeals but started out as a Judge in Superior Court, has attributes of a judge that I emulate and that I think are very good. Senator Carper. What are those? Mr. Byrd. He has, first, a good judicial demeanor. He is competent and intelligent. He was compassionate as a trial judge, and he dealt with his cases on an expedited basis. After he served for 10 or 15 years as a trial judge he went to the Court of Appeals where he writes instructive and understandable decisions. This shows to me that he is well-rounded. He is well-liked and well-respected. So he is the type of judge that I would emulate, that I do emulate. Senator Carper. Thank you. Ms. Macaluso. Senator Carper, to address your first question of why I want to be a judge, I have always felt, even as I was a lawyer for 22 years, that was the part of the legal system that most fit my personality. What I really wanted to do was make the case come out right, rather than be an advocate for one side. And then I was fortunate enough to become a Magistrate Judge, which is a judge of a court of limited jurisdiction. I found that was indeed the niche within the legal system that satisfied me best. Being a judge of the Family Court is a particular attraction and a wonderful opportunity. It is an opportunity to serve, as I indicated before, the most vulnerable citizens of the District of Columbia and to serve them at a particular time when the Family Court is first being formed, when we will be able to make a most important contribution to shape the Family Court. As Judge Byrd indicated, the Magistrate Judges are particularly well prepared to make this contribution. We have already presided over many of the kinds of cases involved in Family Court, child abuse, child neglect, juvenile delinquency, paternity, child support, uncontested divorces, mental retardation. We have handled mental health issues in the context of criminal calendars. We have handled domestic violence issues on the domestic violence calendar and also in the context of felony criminal calendars. And we have done so in the role of a judge. So we do come to this position, I think, particularly well prepared. Attributes that I would seek to emulate, I particularly admire Noel Kramer on our court, and she has a plaque in our own personal office within her chambers. On that plaque are written the words, ``Patients, Dignity, Fairness.'' Those are certainly three wonderful attributes for me to keep in mind, as this judge I respect very highly, keeps them in mind on a daily basis. You cannot put everything on a plaque, so to that I would add ``Timeliness.'' I think it is tremendously important for a judge to issue decisions quickly. And also respect for each individual who comes before you. It is vitally important that a judge never lose the sense that those people before the judge are distinct individuals. They are not just items on that day's conveyor belt. Those are the attributes that I hope to emulate. Senator Carper. Those are great attributes. I would hope that all of you would subscribe to them and embrace them. They are great words on the plaque but they are even better when they come from your heart. Mr. Ryan. Mr. Ryan. Senator Carper, thank you. I would like to become a judge. I have been an advocate for many years and I would like very much to be the problem solver, the person who ultimately helps the community solve the problems that are brought to the courthouse. As a public interest lawyer, the pinnacle of community service, as far as I am concerned, short of joining the legislature perhaps, is being a trial judge. I would like very much to do that. I believe that I am qualified for that because of the extensive experience that I have had litigating in most of the divisions of the courthouse. Specifically for the Family Court, the experience that I have had in mental health law, I believe uniquely qualifies me for that and prepares me for it, because the mental health issues that one sees in the courthouse go through all of the different divisions and they affect, especially in the Family Division, the development of children and the forces that keep the family together and drive a family apart. So I would say that my mental health experience is very important in bringing me to the Family Court. With respect to qualities that I admire in jurists, the ability to make the courthouse an accessible forum to all people is perhaps most important to me. Judges who demonstrate respect for both the law and the litigants, the parties that are before them, and everyone in the courtroom, and give the community the impression that this is a very serious and honorable thing that is being undertaken in the courthouse is very important to me. And patient fairness is ultimately what I would look for in myself as a judge and what I have admired in others. There are many great judges that have practiced in front of me over the years and the ones that came to mind immediately were Truman Morrison and Ricardo Urbina and Emmett Sullivan, three great judges that I have had the privilege of appearing in front of and would love to do as well as they have done. Senator Carper. Thank you, Mr. Ryan. Ms. Saddler. Ms. Saddler. Thank you, Senator. In response to your question of why I want to be an Associate Judge, as I mentioned earlier, that has been a lifelong dream. And I have served for the past 12 years as a Magistrate Judge at the Superior Court of the District of Columbia and have rotated among the three divisions and have extensive experience in all three divisions. I want to an Associate Judge. There are some things that Associate Judges do that the Magistrate Judges cannot do and I would like the opportunity to do that. For example, the Associate Judges conduct jury trials whereas as we do not do that. Every trial we do is a bench trial. So I look forward to that opportunity. And there are some assignments or divisions that we do not have jurisdiction over, such as landlord and tenant. So I look forward to those assignments. And I would like to be an Associate Judge because I believe I can help the court. I have done a good job, a very good job as a Magistrate Judge. I am familiar with the players there. I know just about all of the staff. I am very familiar with the court and its divisions. I think I can be very helpful to this court. Senator Carper. Just describe the attributes of the kind of judge you would be. Ms. Saddler. I believe one of the most important attributes of a judge is an excellent judicial temperament, somebody who treats all litigants fairly, with dignity, and with respect, who is well-prepared when they come to the bench, makes well- reasoned decisions based upon the law, and applicable facts in each case. As to the attributes of judges that I admire, I would name Judge Nan Shuker and Judge Paul Weber. I have worked with both of them extensively, especially Judge Shuker when I was in the Civil Division, and Judge Paul Weber was also--I worked with him closely before he retired when I was in the Civil Division. They both are very well-prepared judges. And I have also appeared in front of them when I was an attorney. They are well-prepared with their cases. It appears that they have read the materials and are familiar with the materials. They always appear fair and just. They take the bench on time. They have proper courtroom demeanor and decorum in my view. Senator Carper. Mr. Chairman, as Ms. Saddler concludes her remarks, I am just reminded that most of the attributes that they have described that they would seek to be in a judge would be good attributes for guys like us. Thank you for letting me join you, Senator Voinovich. I serve on a bunch of different committees, and I have another one that is meeting right now and I am going to slip out and join that. Thank you for giving me a chance to ask those questions. Welcome and good luck. Thanks for your public service. And to your families that are gathered in the room with us today, thank you for sharing your loved ones, even your cousins, with the people of this district. Thank you. Senator Voinovich. Thank you, Senator Carper. I thought that Senator Carper's questions were very well stated and your responses were very kind. And quite frankly, some of the questions that I wanted to ask you already answered for me. Mr. Ryan, I have a question I would like to ask you. After this hearing is over, your names will be brought to the Committee for consideration and then Members will have to decide if they will recommend you to the full Senate. And I am sure that one of the questions that will be on the minds of many of the Members when they look at the record, is the issue of the tax difficulties that you disclosed to this Committee in your pre-hearing questionnaire. I would like you to comment on the record about this. As I say, it will be an issue that will be raised by some of them and I would rather have it in the record so that we do not have any question about it. Mr. Ryan. Surely, Mr. Chairman. There were taxes that we filed late as a result of having to have a major overhaul of the way our income had been calculated. And we worked with the IRS to make those filings. We paid everything that was due and owing, although we did pay them late. We filed extensions up until a point and worked closely with the IRS to file what we were supposed to file when we could. We met all of our obligations and have thereafter, sir. Senator Voinovich. I would like a commitment from you today in public that you are going to file your returns from now, on time. Mr. Ryan. Absolutely. You have that. And I have done that since then. Senator Voinovich. There will never be any question whatsoever in the future. Mr. Ryan. You have that, Mr. Chairman. Senator Voinovich. All of you have to understand that you are going to set an example for other people. Frankly, what you do in your personal, private lives many times, as you know in this business, gets out in the press. And if you say one thing to somebody in the Courtroom and you do something else, the impact that you have on those individuals is not positive. Thank you, very much, Mr. Ryan. Mr. Ryan. Thank you Senator. Senator Voinovich. One of the things that the statute requires is that all Family Court judges must have, Mr. Byrd, Ms. Macaluso, and Mr. Ryan, training and experience in family law, must intend to serve the 5-year term, and must certify to the chief judge that he or she will participate in ongoing training programs. I would like to know, first, do you all agree to conscientiously participate in the training sessions? And if any of you would like to comment on that, I would be interested in hearing your thoughts. Mr. Byrd. Yes, sir. I would like to say, Mr. Chairman, that with respect to the training program, that I would and will presently participate in the training programs in Superior Court. And that not only is it required by the statute, but that I think it will make me a better Family Court Judge. As a person who has gone to law school and as a judge, I can oftentimes read new legal decisions and I do not really need that much training. But when it comes to applying the behavioral sciences to the volatile situations that we get in these family law cases, then I know that I am in need of that type of training, that type of introduction to those disciplines. The presiding judge of the Family Court, Joe Satterfield, has ongoing training. And I just yesterday went to a training session. So I intend to fully go to all training sessions, not only because they are required by statute, but because it will make me a better Family Court Judge. Senator Voinovich. Thank you. Ms. Macaluso. Ms. Macaluso. Mr. Chairman, I do not think I can improve upon or even enlarge upon the remarks that Judge Byrd just made. I was with Judge Byrd yesterday in the training session that we had over the lunch hour. As a matter of fact, there is another training session starting at 4:30 this afternoon. Both of us are very dedicated to attending these training sessions. We have been very fortunate because, as Magistrate Judges already at the court, we have had the opportunity over the last several months while our nominations have been pending to start this training and to attend the ongoing Family Court training. We both know how valuable and on point this training is. Thank you, sir. Senator Voinovich. Mr. Ryan. Mr. Ryan. I look forward to any opportunity to go to trainings dealing with the Family Court and trainings generally dealing with the work of being a judge. I look forward to it, sir. Senator Voinovich. Ms. Saddler, the training that you have received, have you found it well worthwhile in your responsibilities as a magistrate? Ms. Saddler. Extremely worthwhile. I have been a member of the Judicial Training Committee for several years. And in that aspect on several occasions I am called upon to train. Often it is helpful to learn when you are training, also. But I have found it extremely helpful to go to all the training sessions, have tried to go to all of them, and will participate in any training for whatever division I am sent to, if confirmed. Senator Voinovich. Under the Family Court Act, ongoing training for Family Court judges must include child development, family dynamics including domestic violence, relevant Federal and D.C. laws, permanency planning and practice, and recognizable risk factors for child abuse. I just want to repeat that again. It includes child development, family dynamics including domestic violence, relevant Federal and D.C. laws, permanency planning and practice, and recognizable risk factors for child abuse. Since you started the training, Mr. Byrd and Ms. Macaluso, do you think there is anything else that we ought to have included in there in terms of training? Ms. Macaluso. May I jump in to speak for that? I do not know that the area of mental illness has been specifically highlighted in that list. And yet, mental health issues permeate virtually all of the child abuse and child neglect cases and are present in a great majority of the juvenile delinquency cases. I know that, although that category is not specified, certainly Michael Ryan, if he is fortunate enough to be confirmed, and I if I am fortunate enough to be confirmed, are dedicated and motivated with respect to those issues. Judge Ann O'Regan Keery at the court is a former General Counsel of St. Elizabeths and we have something of a mental health caucus building at the court, now. And I know that area of training will be something we will work very hard to address. Senator Voinovich. Thank you. That is a very good point. You are right, that if you go back to it there is usually some problem that deals with mental illness. I will be interested to see the recommendation that just came out of the President's Commission. Michael Hogan, who is the Chairman, is the Mental Health Director for the State of Ohio. I hired him many years ago, and he continues to serve in that capacity. I think that mental illness is something that we need to talk more about in this country because it can have a profound impact on our society. That is a good suggestion. We will have the staff make note of that. I think that I have asked enough questions. Would any of you like to make any further comments before we adjourn this hearing? Again, I would like to thank all of you for coming here today, and I would like to thank the members of your families for being here and backing you up. I know that this is a special time for your families. Many of you have indicated that reaching the bench has been a desire on your part for a long time. And today, if everything goes the way I expect it to, that desire that you have will be achieved. I think the fact that you have diverse experiences, it is a great benefit. You have worked your way up and get your eye on that job, and wow, I have an opportunity to serve and make a difference for my fellow human beings. So again, thank you very much for being here. And for the children that are here, you can mark this down in your books as a special day. Again, thank you very much. The hearing is adjourned. [Whereupon, at 10:47 a.m., the hearing was adjourned.] A P P E N D I X ---------- PREPARED STATEMENT OF SENATOR LAUTENBERG Mr. Chairman, we have before us four nominees to be Associate Judges of the Superior Court of the District of Columbia. I would make two related points. The District of Columbia has more people than Wyoming and nearly as many as Vermont and Alaska. Yet DC is not a State and so does not have two U.S. Senators; its House Member, Delegate Eleanor Holmes Norton, had her voting privilege rescinded by House Republicans when they took over in 1995. It would be easy--and terribly unfortunate--for the Administration to try to ``ram'' judicial nominees down DC's throat. There have been far too many instances over the years in which the Executive Branch and, I'm sorry to say, Congress have run roughshod over Home Rule in D.C. Fortunately, that does not appear to be the case here. We have the DC Judicial Nomination Commission, which compiles and submits a lost of nominees to the President. The President makes his selections from that list. Which brings me to my second point: I think it is refreshing that the District of Columbia--one of the most progressive jurisdictions in the country--can come to some agreement with a conservative Republican President on judicial nominees? I think it is a model we ought to be looking at with regard to reaching a consensus on other Federal judicial nominees. Thank you, Mr. Chairman. I look forward to hearing from our nominees. __________ PREPARED STATEMENT OF SENATOR WARNER Chairman Collins, Senator Lieberman, and my other distinguished colleagues on the Senate's Government Affairs Committee, I thank you for holding this confirmation hearing today. Today, I am pleased to introduce to you Magistrate Judge Fern Flanagan Saddler, who has been nominated to serve as a judge on the District of Columbia's Superior Court. Miss Saddler has a strong legal background. Subsequent to earning her J.D. at Georgetown University Law Center in 1979, she practiced law for many years in Washington, D.c. at the law firm Mitchell, Shorter and Gartrell. She represented many clients in civil, family, and criminal cases before local and Federal trial courts as well as Federal appellate courts. Over the years, Magistrate Judge Saddler has served the District of Columbia Court of Appeals in many capacities. First, she served as a Senior Staff Attorney for the court, and then as the Acting Chief Deputy Clerk. In February 1991, she was sworn in as a Magistrate Judge for the Superior Court of the District of Columbia. For the past 11 years, she has rotated among the Family, Criminal, and Civil Divisions of the court. As you can see, Magistrate Judge Saddler's experience with the law is extensive. I support her nomination, and look forward to the Committee reporting out her nomination favorably. 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