[Senate Hearing 108-292]
[From the U.S. Government Publishing Office]
S. Hrg. 108-292
NOMINATIONS OF DALE CABANISS, CRAIG S. ISCOE, AND BRIAN F. HOLEMAN
=======================================================================
HEARING
before the
COMMITTEE ON
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
ON THE
NOMINATIONS OF DALE CABANISS TO BE CHAIRMAN, FEDERAL LABOR RELATIONS
AUTHORITY; CRAIG S. ISCOE AND BRIAN F. HOLEMAN TO BE ASSOCIATE JUDGES
OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
__________
SEPTEMBER 30, 2003
__________
Printed for the use of the Committee on Governmental Affairs
90-238 U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.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 Chief 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
Marianne Clifford Upton, Minority Staff Director and Chief Counsel,
Oversight of Government Management, the Federal Workforce, and the
District of Columbia Subcommittee
Jennifer E. Hamilton, Minority Research Assistant
Amy B. Newhouse, Chief Clerk
C O N T E N T S
------
Opening statements:
Page
Senator Voinovich............................................ 1
Senator Stevens.............................................. 1
WITNESSES
Tuesday, September 30, 2003
Hon. Dale Cabaniss to be Chairman, Federal Labor Relations
Authority...................................................... 3
Hon. Eleanor Holmes Norton, a Delegate in Congress from the
District of Columbia........................................... 7
Craig S. Iscoe to be an Associate Judge of the Superior Court of
the District of Columbia....................................... 8
Brian F. Holeman to be an Associate Judge of the Superior Court
of the District of Columbia.................................... 8
Alphabetical List of Witnesses
Cabaniss, Dale:
Testimony.................................................... 3
Biographical and professional information requested of
nominees................................................... 15
Pre-hearing questionnaire.................................... 23
Post-hearing questions and responses from Senator Voinovich.. 47
Holeman, Brian F.:
Testimony.................................................... 8
Biographical and professional information requested of
nominees................................................... 84
Iscoe, Craig S.:
Testimony.................................................... 8
Biographical and professional information requested of
nominees................................................... 50
Norton, Hon. Eleanor Holmes:
Testimony.................................................... 7
Appendix
Hon. Paul Strauss, U.S. Senator from the District of Columbia
(Shadow), prepared statement................................... 11
NOMINATIONS OF DALE CABANISS, CRAIG S. ISCOE, AND BRIAN F. HOLEMAN
----------
TUESDAY, SEPTEMBER 30, 2003
U.S. Senate,
Committee on Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 9:02 a.m., in
room SD-342, Dirksen Senate Office Building, Hon. George V.
Voinovich, presiding.
Present: Senators Voinovich and Stevens.
OPENING STATEMENT OF SENATOR VOINOVICH
Senator Voinovich. The Committee will come to order.
Good morning, and thank you all for coming. Today, the
Governmental Affairs Committee meets to discuss the nominations
of Dale Cabaniss for Chairman of the Federal Labor Relations
Authority, and Brian Holeman and Craig Iscoe for Associate
Judges of the District of Columbia Superior Court.
We are going to begin our hearing this morning with the
FLRA nomination, and I would like to extend my greetings to Ms.
Cabaniss and her family, and I would like to also welcome my
colleague, Senator Stevens, who is going to be introducing Ms.
Cabaniss.
Senator Stevens, I know you are a very busy Senator, and we
look forward to your words.
OPENING STATEMENT OF SENATOR STEVENS
Senator Stevens. Thank you very much, Mr. Chairman. I am
pleased to be here. I think this is the third time I have been
here to introduce Dale Cabaniss to this Committee.
Dale worked for our Alaska delegation, first for Senator
Frank Murkowski, and then for me, for 13 years. She was the
person who served as my adviser and counsel to the Governmental
Affairs Subcommittee on Post Office and Civil Service, and she
was also an important member of our professional staff for the
Senate Appropriations Committee on the Subcommittee on Labor,
Health and Human Services.
Her Alaska roots are very deep, Mr. Chairman. Her husband,
Mitch, who is here, Mitch Rose, was my chief of staff, and Dale
is the mother of three children: Ben, and twin girls, Haley and
Shelby. Her father-in-law is one of my close friends, and I
know that family means a lot to Dale and to Mitch. We are also
pleased that Dale's brother, Major Christian Cabaniss, a Marine
officer, is with us today.
Dale's father-in-law is the former director of the Alaska
Permanent Fund. Some of you may wonder about the Permanent
Fund, but that is the fund from which we get our Alaska
dividends. It is a very important function of our State.
Dale is part of a public service family. Her commitment to
government service is obvious, and she has a great deal of
experience. Dale's extensive experience goes beyond the
Congress, Mr. Chairman. She was a member of the Federal Labor
Relations Authority in several capacities. She was originally
appointed a member of the FLRA by President Clinton in 1997 as
a minority member then of the Board. In March 2001, she served
as chairman of that agency, and she has been nominated now for
another 5-year term as a member of the FLRA, and I am here this
morning to strongly support her nomination and urge that she be
reported to the floor.
Dale has been an advocate of an effective bipartisan voice
on civil service on public and private sector labor issues. She
serves as a member of the FLRA's three-member panel that
adjudicates cases and makes over 1,000 decisions a year. These
disputes are often contentious, and Dale has earned the
reputation as a fair and balanced arbitrator.
She has also had extensive experience with the Federal
labor-management relations statute and the Federal budget and
appropriations process. She understands the challenges that
Federal agencies and employees face, and her own experiences
with government, both in the Congress and the Executive Branch,
give her a unique perspective when it comes to resolving
disputes that come before her agency. I know, and hope the
Committee will agree, that this type of experience is valuable
for all of us on the FLRA.
Since 2001, Dale has fulfilled the role of administrative
CEO for the entire FLRA. She has adeptly spread out her
responsibilities, which include managing human capital,
steering the agency through the budget and appropriations
process, and dealing with all the issues related to agency
planning and performance.
In short, I am really happy to be here to present to you a
public servant with a distinguished background who really
deserves early approval by this Committee. I am pleased to
serve with you on this and hope we can quickly move her
nomination for another 5-year term on the FLRA. I appreciate
very much your courtesy.
Senator Voinovich. Thank you, Senator Stevens. I know that
you would like to remain for the rest of the hearing, but you
have other things to do. Again, thank you for being here.
Senator Stevens. I am sure we all are going to leave rather
soon. We have two votes in just a few minutes.
Senator Voinovich. I understand.
Senator Stevens. I thank you for your courtesy, Mr.
Chairman.
Senator Voinovich. You are more than welcome.
Ms. Cabaniss, I think you know that I have a special
interest in the Federal personnel issues and will be watching
your progress as Chairman with great interest. Even though the
FLRA is a small independent agency, its mission is vital to the
entire Federal service system. The FLRA provides leadership,
establishes policies, offers guidance relating to Federal
labor-management relations. The FLRA also resolves disputes
under and ensures compliance with the Federal service labor-
management relations statute.
As the current chairman, you have had the opportunity to
gain an insider's perspective on the past, present, and future
of labor relations, and I would be very interested in your
opinion and observations regarding the current state of Federal
labor relations. I also look forward to hearing how you will
continue to ensure that the Federal labor relations statute
remains an integral part of our civil service system.
Ms. Cabaniss, you have filed responses to a biographical
and financial questionnaire, answered pre-hearing questions
submitted by the Committee, and you have had your financial
statements reviewed by the Office of Government Ethics. Without
objection, this information will be made a part of the hearing
record, with the exception of the financial data, which will be
on file and available for public inspection at the Committee
offices.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath. Therefore,
I ask you to please stand and raise your hand.
Do you swear that the testimony that you will give before
the Committee will be the whole truth, and nothing but the
truth, so help you, God?
Ms. Cabaniss. I do.
Senator Voinovich. Let the record note that the nominee has
responded in the affirmative.
You have some family members here with you this morning,
and I thought I would give you an opportunity to introduce
those members.
TESTIMONY OF DALE CABANISS,\1\ TO BE CHAIRMAN, FEDERAL LABOR
RELATIONS AUTHORITY
Ms. Cabaniss. My husband, Mitch Rose, is here, as Senator
Stevens mentioned, and my brother, Major Christian Cabaniss.
---------------------------------------------------------------------------
\1\ The biographical and professional information for Ms. Cabaniss
appears in the Appendix on page 15.
Pre-hearing questionnaire for Ms. Cabaniss appears in the Appendix
on page 23.
Post-hearing questions and responses for Ms. Cabaniss appears in
the Appendix on page 47.
---------------------------------------------------------------------------
Senator Voinovich. Well, we welcome them this morning, and
I know they are very proud of your service, and I am sure your
husband should be thanked for the sacrifice that he makes of
his time so that you can do the job that you have been doing
for our country.
I will start with some standard questions we ask all
nominees. Is there anything 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?
Ms. Cabaniss. No.
Senator Voinovich. Do you know of anything 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?
Ms. Cabaniss. No.
Senator Voinovich. Do you agree without reservation to
respond to any reasonable summons to appear and testify before
any duly constituted Committee of Congress if you are
confirmed?
Ms. Cabaniss. Yes.
Senator Voinovich. I have some questions that I would like
to ask, and I know we have got some votes coming up here this
morning. What I am going to try and do, quite frankly, is
continue this hearing as we move along, and then I will have to
excuse myself to go down and then come back, and we will
continue with our other nominees that are here this morning.
What can you do to help the Executive Branch address its
human capital challenges? Where I am coming from is this: That
there is some real concern about labor relations between the
administration and the members of the unions, the Federal
unions. What role do you think you can play to help make this a
better relationship?
Ms. Cabaniss. Well, I think we do things right now to help
better relationships because I think all good relationships are
dependent upon communication, appropriate behavior, respect for
each other. I think we address those issues in a number of
ways.
Through the decisions of the three-member Authority
decisional component, we try to make sure that the parties who
come to us understand their rights and responsibilities under
the statute, that we have well-reasoned decisions that help
people not only resolve the particular dispute that they came
to us for resolution, but they can take something from those
decisions that can help guide their future behavior.
More importantly, though, I think sometimes the best thing
is for us to be able to help people learn how to interact with
each other effectively before they resort to litigation. We
have a lot of different kinds of ADR programs. We have several
training programs. We do outreach, teaching people interest-
based bargaining techniques, ways for parties to learn to work
with each other.
I was very happy to see the other day we got a training
request from an agency that has had contentious contract
negotiations with its union since the previous administration.
I was very happy to see that they are resuming talks, and they
were actually asking first for training before they started
negotiations and trying to figure out how they could work
together instead of waiting until they are in an adversarial
stance, people have hardened their positions, and all they come
to us to do is to decide their dispute.
Senator Voinovich. So, in effect, you are reaching out. Can
you initiate that or do they have to come to you for it?
Ms. Cabaniss. We have certain places where we offer
services as part of our process. When people come to our
General Counsel's Office and they are seeking to file a ULP,
there is outreach that is made there. Do you really want to go
this route? Can we help you work on your relationship?
When you file a negotiability appeal with the three-member
Authority decisional component, we have pre-conferences with
the parties; we offer again our services.
In some ways, though, it is like anyone with a problem. We
know where our high filers are, where agencies and unions have
difficulties. But in some ways, the best way for these kind of
services to work is when the parties are voluntarily coming to
us and seeking our assistance.
Senator Voinovich. Are you involved at all in the
negotiations or provide any training for the people that are
involved in negotiating new personnel practices with the newly
created Department of Homeland Security?
Ms. Cabaniss. The only involvement we've had in that is the
design team asked for some training this summer to be provided.
For some of our career staff to give some training on certain
bargaining techniques.
Senator Voinovich. Where do you get your----
Ms. Cabaniss. That was provided.
Senator Voinovich. I should know this, but where does your
budget come from?
Ms. Cabaniss. Treasury--I was going to say Treasury,
Postal. It's now Transportation, Treasury.
Senator Voinovich. Is it adequate? Do you have an adequate
budget to get the job done?
Ms. Cabaniss. I think it's sufficient. We're fairly small.
We've got approximately $30 million, 215 FTEs. But I don't
think the budget's really so much the issue, and like I said,
we have a lot of really talented employees who have a lot of
skills that I think people could benefit from. But I think in a
lot of ways there are systemic problems that I've seen since
I've been a member of the Authority, not really particular to
this administration, where you continue to see problems,
difficult relationships in the same agencies, in the same
facilities, over and over and over again. If we see those or we
think it would probably be in the best interest of those
agencies, they've got to know where they have problem
facilities, too, to go in and provide training perhaps to their
managers and their employees, how to more effectively manage
their conflicts as opposed to--here we have another case again
from X particular place.
Senator Voinovich. Well, you have these observations, and
you share them with the Secretaries of the Departments?
Ms. Cabaniss. To be honest, we don't really have that role
as an independent adjudicator.
Senator Voinovich. Because I know that Clay Johnson has now
taken over the management part of OMB.
Ms. Cabaniss. Well, I think that's exactly the place to--I
think in the past couple of years, this Committee has been very
active in emphasizing the M in OMB rather than just the
dollars. And I think probably most of that leadership role for
the agencies would be more appropriately coming from OMB.
Senator Voinovich. He seems to be very conscientious, and I
like his attitude. He gets it. And, if it is appropriate, I
think it would be very good if you folks could share some of
your observations with him so that perhaps those agencies where
we have had some real problems could get the kind of training
that they need so that it will improve the relationships there.
Ms. Cabaniss. Well, and it's not just training from us. I
think, frankly, sometimes just because you make someone a
manager they don't automatically have that skill set. And, we
have fewer managers than we used to have in the Federal
Government. We've reduced the layers of middle management, and
I think in a lot of ways managers are burdened with a lot of
responsibilities. And I think when everyone's trying to meet
program needs, reach mission goals, I don't know that agencies
necessarily always have the time or the money to think, now,
what do we need to do as far as training our managers in how to
manage conflict, how to deal with issues before--regardless of
the FLRA, the MSPB, EEOC, any formal process they might resort
to, what can you do within the agencies, whether it's in-house
ADR, employee ombudsman programs, ways to manage conflicts
before they reach the level that you're coming to someone like
us.
Senator Voinovich. Do you have any kind of publication that
says these are fundamentals that you ought to have?
Ms. Cabaniss. No, we haven't done that. That is actually
really much more, I think, MSPB's role in the studies that they
do. We haven't had that responsibility under our statute. But
it's certainly something that we're interested in, and we've
tried to put out, I think, through our ADR services and our
training conferences, to try and help people build
relationships and understand that they're in it for the long
haul and that the conflict not only costs the people who are
involved in the conflict, but the agencies and the American
public ultimately.
Senator Voinovich. Well, I've got some more questions, and
I am going to submit them to you in writing. I think that we
may have an oversight hearing one of these days with you so we
can spend more time talking about what you do and what the
relationships are, because I am really committed to try and
improve the relationships with labor and this administration.
And so often, as you have already pointed out, a lot of it has
to do with giving the folks the training that they need so that
they are more capable of dealing with some of these issues that
come up.
So thank you very much for being here, and I hope that the
Committee will move your nomination very fast. Thanks very much
for being here, and we thank your husband and your brother for
showing up this morning.
Ms. Cabaniss. Thank you.
Senator Voinovich. Now I would like to ask Mr. Holeman and
Mr. Iscoe to come forward. Mr. Holeman and Mr. Iscoe are
nominated to serve 15-year terms on the District of Columbia
Superior Court. This Committee takes its oversight
responsibility seriously, and I welcome today's opportunity to
discuss the Superior Court with you.
Confirming qualified nominees to the court is critical to
ensuring public safety in our Nation's capital. Let me state
for the record that Mr. Holeman and Mr. Iscoe have been
subjected to a very thorough screening process. They were
recommended for this position by the District's Judicial
Nomination Committee. They both have been subjected to an FBI
background investigation and nominated by the President after
careful scrutiny. Since the nomination was received, Committee
staff also has conducted a separate background check and
interviewed Mr. Holeman and Mr. Iscoe.
I would now like to welcome my colleague, Eleanor Holmes
Norton from the District of Columbia, who is here to offer a
few words of introduction for our nominees. Eleanor, it is so
nice to see you, and thank you for coming.
TESTIMONY OF HON. ELEANOR HOLMES NORTON, A DELEGATE IN CONGRESS
FROM THE DISTRICT OF COLUMBIA
Ms. Norton. My pleasure, Mr. Chairman, and may I thank you
again for your good works for the District of Columbia.
The President has nominated two well-qualified candidates
to be Association Judges of the Superior Court of the District
of Columbia.
Brian Holeman has extensive experience in private practice
in the District of Columbia, Maryland, Pennsylvania, and Los
Angeles. He has his degrees from the University of Michigan Law
School and his bachelor's from Princeton University.
Craig Iscoe has spent his career as a prosecutor, a trial
attorney with administrative agencies, and a law professor. He
is now on detail from our U.S. Attorney's Office for the
District of Columbia to the SEC, where he is conducting
securities litigation. He has also worked as a trial attorney
early in his career for the FTC. His work in the U.S.
Attorney's Office has been especially extensive: jury trials in
major criminal cases, in public corruption, major transnational
crimes. He has worked at Main Justice in intelligence, national
security, white-collar matters. He has been in private practice
here in the District of Columbia at Arent, Fox, and has been a
clinical law professor at Vanderbilt and Georgetown Law
Schools. We are pleased that he has worked in our local
community as an Advisory Neighborhood Commissioner. He has his
law degree from Stanford, his LLM from Georgetown, and he is a
Phi Beta Kappa graduate of the University of Texas at Austin.
We are very pleased that you are holding hearings for both
these candidates, whom we also consider well qualified to be
judges on our Superior Court.
Senator Voinovich. As you know, you are welcome to remain
for the rest of the hearing, but I suspect you have other
appointments this morning. We thank you for coming over and
look forward to seeing you again.
Ms. Norton. Thank you very much, Mr. Chairman.
Senator Voinovich. As I mentioned before, it is the custom
of this Committee to swear in all our witnesses, and,
therefore, I ask both of you to please stand and raise your
right hand. Do you swear the testimony you will give before
this Committee will be the truth, the whole truth, and nothing
but the truth, so help you God?
Mr. Iscoe. I do.
Mr. Holeman. I do.
Senator Voinovich. Let the record show they have answered
in the affirmative.
I understand that you may have some family members here
today, Mr. Iscoe. I suspect that your wife and two children are
behind you, if you want to introduce them.
TESTIMONY OF CRAIG S. ISCOE,\1\ TO BE AN ASSOCIATE JUDGE OF THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Iscoe. Quite correct, Mr. Chairman. Thank you. I'd like
to introduce my wife, Rosemary Hart, and my two sons, David and
Mark.
---------------------------------------------------------------------------
\1\ The biographical and professional information and pre-hearing
questions for Mr. Iscoe appear in the Appendix on page 50.
---------------------------------------------------------------------------
Senator Voinovich. We are very happy to have you here
today, and I have studied your husband and your father's resume
over the years, and he has chosen to serve his country in
various capacities over the years rather than opt for a large
law firm and make a whole bunch of money. As one who has been
in this business for almost 37 years, I admire the fact that
you have been willing to sacrifice so that your husband and
father can serve his country.
The only comment I have is that I hope there is somebody at
the SEC to take your place because there is some serious work
that needs to be done by the SEC to take care of some folks
that have not done what they are supposed to do in their
corporate responsibilities.
Mr. Holeman, do you have any family here that you would
like to introduce?
TESTIMONY OF BRIAN F. HOLEMAN,\2\ TO BE AN ASSOCIATE JUDGE OF
THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Holeman. Thank you, Mr. Chairman. I am accompanied
today by my wife, Susan Dunnings Holeman, who is a well-
respected lawyer here in the city in her own right. She is
Deputy General Counsel for Employee Relations with National
Public Radio. We decided to spare the Committee our 18-month-
old, Jonathan Taylor Holeman. He's teething now, and we
probably would not be able to get through this proceeding.
---------------------------------------------------------------------------
\2\ The biographical and professional information and pre-hearing
questions for Mr. Holeman appear in the Appendix on page 84.
---------------------------------------------------------------------------
I'd like to mention as well, Mr. Chairman, that not present
but certainly here in spirit are my mother, Joan Holeman, and
my father-in-law, Stuart John Dunnings, Jr.
Senator Voinovich. We thank you also for your service. I
notice from your background that you have had a distinguished
career, but have chosen the private practice. As one who did
that for about 14 years, I also understand that, and you have
got a very distinguished background in litigation and trial
work, and we are very happy that you are here today.
Mr. Holeman. Thank you, sir.
Senator Voinovich. I have questions that I have to ask all
of you. First of all, 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?
Mr. Iscoe. No, sir, there's not.
Mr. Holeman. No, sir.
Senator Voinovich. Do you know of 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. Iscoe. No, sir, I do not.
Mr. Holeman. No, sir.
Senator Voinovich. And last, but not least, 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. Iscoe. No, I do not.
Mr. Holeman. No, sir.
Senator Voinovich. This is a question for both of you. You
both have had a chance to observe a variety of judicial
temperaments, and I would like each of you to kind of discuss
what you believe to be the appropriate temperament and approach
of a judge not only in dealing with attorneys before you, but
in dealing with clients and witnesses appearing before the
bench?
Mr. Iscoe. Mr. Chairman, I believe a judge has to be civil
and polite at all times, and from having appeared in court, I
can tell you that makes a difference not only to the lawyers
who are appearing in front of the judge, but also to the
witnesses and to the entire court process.
In addition, a good judge has to be extremely well prepared
to have done his or her homework, to have read the pleadings,
not just well enough to have said he's been through them, but
to have full command of them so that at the time that the
lawyers are appearing in front of the judge, the judge can ask
incisive, probing questions. That does a couple of things: It
facilitates the process, and it also lets the lawyers know that
they should be well prepared and ready to argue legal and
factual issues.
A judge also should create an aura of fairness, an absolute
feeling in the courtroom that both the litigants and all of the
witnesses and everybody in front of the proceedings is being
treated fairly and their arguments are being considered. Of
course, their arguments won't always be accepted, but it's
quite important that they know that when they appear in front
of the judge, the judge is treating them fairly, considering
their arguments very carefully, and making the best decisions
possible.
I could go on, but I want to let Mr. Holeman respond as
well.
Senator Voinovich. Mr. Holeman.
Mr. Holeman. Mr. Chairman, I believe that a judge must have
the ability to defuse the adversarial nature of the proceedings
while at the same time allowing counsel the latitude to do
their respective jobs, which are, frankly, the zealous
representation of their clients. It's a balancing act.
I think that judges must be considerate in their handling
of matters, but at the same time, they must be firm and certain
in their rulings.
I think a judge has to be collegial in his leading of
counsel through the required work, yet serious in the
dispensation of justice, which is the reason that litigants
come to court in the first place.
There are other qualities that I think that a judge must
have. A judge must be patient with litigants and with their
counsel. A judge must always, always uphold the dignity of the
position, must be fair in his or her respect for each
individual who appears before him or her, because, frankly, a
lot of our litigants are underserved otherwise in society, and
they look to the courts for fairness.
A judge must always be well prepared. It's very difficult
for a judge to demand preparation of the counsel who appear
before him or her yet fail to be prepared him- or herself.
And, finally, Mr. Chairman, I believe that a judge must
always, always remember the service aspect of the job. My
belief is that if that is remembered and is placed in a
position of prominence, then no one will have a question about
``robe-itis,'' as it's called. It is a service position, and
there are people who will appear with varying levels of
intellect, varying economic status, and they must all be served
by the judiciary.
Senator Voinovich. Thank you very much.
We may have some other questions that we will be submitting
to you in writing, but I would like to thank you both for
coming here today. I again want to emphasize that you have been
through the Maginot Line, both of you. You have been
interviewed and investigated. I have spent time with the
counsel for the White House going over your backgrounds. And I
think that we are fortunate that we have two fine individuals
that have been nominated, and hopefully this Committee will be
voting on your nominations sometime in the very near future.
Again, I would like to thank you for your willingness to
serve your country, and thank your family for the sacrifice
that they are going to be making so that you can fulfill those
responsibilities.
Thank you very much for being here.
Mr. Holeman. Thank you, Mr. Chairman, for your kind
remarks.
Mr. Iscoe. Thank you, Mr. Chairman.
[Whereupon, at 9:32 a.m., the Committee was adjourned.]
A P P E N D I X
----------
[GRAPHIC] [TIFF OMITTED] T0238.001
[GRAPHIC] [TIFF OMITTED] T0238.002
[GRAPHIC] [TIFF OMITTED] T0238.003
[GRAPHIC] [TIFF OMITTED] T0238.004
[GRAPHIC] [TIFF OMITTED] T0238.005
[GRAPHIC] [TIFF OMITTED] T0238.006
[GRAPHIC] [TIFF OMITTED] T0238.007
[GRAPHIC] [TIFF OMITTED] T0238.008
[GRAPHIC] [TIFF OMITTED] T0238.009
[GRAPHIC] [TIFF OMITTED] T0238.010
[GRAPHIC] [TIFF OMITTED] T0238.011
[GRAPHIC] [TIFF OMITTED] T0238.012
[GRAPHIC] [TIFF OMITTED] T0238.013
[GRAPHIC] [TIFF OMITTED] T0238.014
[GRAPHIC] [TIFF OMITTED] T0238.015
[GRAPHIC] [TIFF OMITTED] T0238.016
[GRAPHIC] [TIFF OMITTED] T0238.017
[GRAPHIC] [TIFF OMITTED] T0238.018
[GRAPHIC] [TIFF OMITTED] T0238.019
[GRAPHIC] [TIFF OMITTED] T0238.020
[GRAPHIC] [TIFF OMITTED] T0238.021
[GRAPHIC] [TIFF OMITTED] T0238.022
[GRAPHIC] [TIFF OMITTED] T0238.023
[GRAPHIC] [TIFF OMITTED] T0238.024
[GRAPHIC] [TIFF OMITTED] T0238.025
[GRAPHIC] [TIFF OMITTED] T0238.026
[GRAPHIC] [TIFF OMITTED] T0238.027
[GRAPHIC] [TIFF OMITTED] T0238.028
[GRAPHIC] [TIFF OMITTED] T0238.029
[GRAPHIC] [TIFF OMITTED] T0238.030
[GRAPHIC] [TIFF OMITTED] T0238.031
[GRAPHIC] [TIFF OMITTED] T0238.032
[GRAPHIC] [TIFF OMITTED] T0238.033
[GRAPHIC] [TIFF OMITTED] T0238.034
[GRAPHIC] [TIFF OMITTED] T0238.035
[GRAPHIC] [TIFF OMITTED] T0238.036
[GRAPHIC] [TIFF OMITTED] T0238.037
[GRAPHIC] [TIFF OMITTED] T0238.038
[GRAPHIC] [TIFF OMITTED] T0238.039
[GRAPHIC] [TIFF OMITTED] T0238.040
[GRAPHIC] [TIFF OMITTED] T0238.041
[GRAPHIC] [TIFF OMITTED] T0238.042
[GRAPHIC] [TIFF OMITTED] T0238.043
[GRAPHIC] [TIFF OMITTED] T0238.044
[GRAPHIC] [TIFF OMITTED] T0238.045
[GRAPHIC] [TIFF OMITTED] T0238.046
[GRAPHIC] [TIFF OMITTED] T0238.047
[GRAPHIC] [TIFF OMITTED] T0238.048
[GRAPHIC] [TIFF OMITTED] T0238.049
[GRAPHIC] [TIFF OMITTED] T0238.050
[GRAPHIC] [TIFF OMITTED] T0238.051
[GRAPHIC] [TIFF OMITTED] T0238.052
[GRAPHIC] [TIFF OMITTED] T0238.053
[GRAPHIC] [TIFF OMITTED] T0238.054
[GRAPHIC] [TIFF OMITTED] T0238.055
[GRAPHIC] [TIFF OMITTED] T0238.056
[GRAPHIC] [TIFF OMITTED] T0238.057
[GRAPHIC] [TIFF OMITTED] T0238.058
[GRAPHIC] [TIFF OMITTED] T0238.059
[GRAPHIC] [TIFF OMITTED] T0238.060
[GRAPHIC] [TIFF OMITTED] T0238.061
[GRAPHIC] [TIFF OMITTED] T0238.062
[GRAPHIC] [TIFF OMITTED] T0238.063
[GRAPHIC] [TIFF OMITTED] T0238.064
[GRAPHIC] [TIFF OMITTED] T0238.065
[GRAPHIC] [TIFF OMITTED] T0238.066
[GRAPHIC] [TIFF OMITTED] T0238.067
[GRAPHIC] [TIFF OMITTED] T0238.068
[GRAPHIC] [TIFF OMITTED] T0238.069
[GRAPHIC] [TIFF OMITTED] T0238.070
[GRAPHIC] [TIFF OMITTED] T0238.071
[GRAPHIC] [TIFF OMITTED] T0238.072
[GRAPHIC] [TIFF OMITTED] T0238.073
[GRAPHIC] [TIFF OMITTED] T0238.074
[GRAPHIC] [TIFF OMITTED] T0238.075
[GRAPHIC] [TIFF OMITTED] T0238.076
[GRAPHIC] [TIFF OMITTED] T0238.077
[GRAPHIC] [TIFF OMITTED] T0238.078
[GRAPHIC] [TIFF OMITTED] T0238.079
[GRAPHIC] [TIFF OMITTED] T0238.080
[GRAPHIC] [TIFF OMITTED] T0238.081
[GRAPHIC] [TIFF OMITTED] T0238.082
[GRAPHIC] [TIFF OMITTED] T0238.083
[GRAPHIC] [TIFF OMITTED] T0238.084
[GRAPHIC] [TIFF OMITTED] T0238.085
[GRAPHIC] [TIFF OMITTED] T0238.086
[GRAPHIC] [TIFF OMITTED] T0238.087
[GRAPHIC] [TIFF OMITTED] T0238.088
[GRAPHIC] [TIFF OMITTED] T0238.089
[GRAPHIC] [TIFF OMITTED] T0238.090
[GRAPHIC] [TIFF OMITTED] T0238.091
[GRAPHIC] [TIFF OMITTED] T0238.092
[GRAPHIC] [TIFF OMITTED] T0238.093
[GRAPHIC] [TIFF OMITTED] T0238.094
[GRAPHIC] [TIFF OMITTED] T0238.095
[GRAPHIC] [TIFF OMITTED] T0238.096
[GRAPHIC] [TIFF OMITTED] T0238.097
[GRAPHIC] [TIFF OMITTED] T0238.098
[GRAPHIC] [TIFF OMITTED] T0238.099
[GRAPHIC] [TIFF OMITTED] T0238.100