Floor Statement of Senator Patrick Leahy, Ranking Member, Senate Judiciary Committee, On Senate Confirmation Of Kermit Bye and George Daniels For Federal Judgeships

February 24, 2000

Mr. President, I am pleased that the United States Senate is voting today on the confirmations of Kermit Bye to be a United States Circuit Court Judge for the Eighth Circuit and Justice George Daniels to be a United States District Court Judge for the Southern District of New York.

Kermit Bye is an outstanding attorney from North Dakota. From 1962 to1966, Mr. Bye was the Deputy Securities Commissioner and Special Assistant Attorney General for the State of North Dakota. And from 1966 to1968, he was an Assistant U.S. Attorney in the District of North Dakota. Since 1968, he has been a member and partner with the Fargo law firm of Vogel, Kelly, Knutson, Weir, Bye & Hunke, Ltd. Mr. Bye received his undergraduate degree in 1959 from the University of North Dakota, and his law degree from the University of North Dakota Law School in 1962.

Mr. Bye's nomination is another of those that was favorably reported last year by the Judiciary Committee but which was not acted upon by the Senate. He is strongly supported by Senator Dorgan and Senator Conrad, who are to be commended for their efforts on his behalf and on behalf of the people of North Dakota that has finally brought us to this day.

Justice George Daniels is a distinguished New Yorker. He has distinguished himself with a long career of service in the New York federal and state court systems. He was an Assistant U.S. Attorney in the Eastern District of New York from 1983 to1989. From 1989 to1990, and again from 1993 to 1995, he was a Judge in the Criminal Court of the City of New York. And from 1990 to 1993, he was a counsel to the Mayor of the City of New York. Since 1995, Mr. Daniels has been a Justice of the Supreme Court of the State of New York.

Justice Daniels received his undergraduate degree in 1975 from Yale University, and his law degree from the University of California at Berkeley, Boalt Hall School of Law in 1978.

He has the strong support of Senator Moynihan and Senator Schumer and the ABA has given him its highest rating. Although he was reported favorably by the Judiciary Committee last year, his was one of the nomination not acted upon by the Senate. I congratulate the Senators from New York and Justice Daniels and his family on his consideration today.

I thank the Majority Leader and commend the Democratic Leader for scheduling the consideration of these judicial nominations. The debate on judicial nominations over the last couple of years has included too much delay with respect to too many nominations.

The most prominent current examples of that treatment are Judge Richard Paez and Marsha Berzon. With respect to these nominations, the Senate has for too long refused to do its constitutional duty and vote. I am grateful that the Majority Leader agreed last year to bring each of those nominations to a Senate vote before March 15. Nominees deserve to be treated with dignity and dispatch -- not delayed for two or three or four years. The nomination of Judge Paez has now been pending for over four years. He has the strong support of his home State Senators and of local law enforcement.

His has been a distinguished career in which he has served as a state and federal judge for what is now approaching 19 years. His story is a wonderful American story of hard work, fairness and public service. He and his family have much of which to be proud. Hispanic organizations from California and around the country have urged the Senate to act favorably on his nomination without further delay.

Within the next two weeks the Senate will be called upon to vote on this outstanding nomination, and I trust that we will do the right thing. I recall when Judge Sonia Sotomayor, another outstanding District Court Judge, was nominated to the Second Circuit and her nomination was delayed. Reportedly, she was so well qualified that some feared her quick confirmation might have led her to be considered as a possible Supreme Court nomination and that was why Senate consideration of her nomination was delayed through secret holds. Ultimately, she was confirmed to the Second Circuit. After all the delay in that case, I was struck that not a single Senator who voted against her confirmation and not a single Senator who had acted to delay its consideration uttered a single word to justify such opposition.

Of course it is every Senator's right to vote as he or she sees fit on all matters. But I would hope that in the case of Judge Richard Paez, where his nomination has been delayed for over four years, for the longest period in the history of the Senate, those who have opposed him will show him the courtesy of using this time to discuss with us any concerns they may have and to explain the basis for any negative vote against a person so well qualified for the position to which he has been nominated by the President.

I had hope that the time had finally come for a vote on Timothy Dyk. He was first nominated to a vacancy on the Federal Circuit in April 1998. After having a hearing and being reported favorably by the Judiciary Committee to the Senate in September 1998, Mr. Dyk's nomination was left of the Senate calendar without action and then returned to the President two years ago as the 105th Congress adjourned. He was renominated January 1999, and favorably reported to the Senate floor, again, in October 1999.

Mr. Dyk has distinguished himself with a long career of private practice in the District of Columbia. From 1964 to1990, he worked with Wilmer, Cutler & Pickering as an associate and then as a partner. Since 1990, he has been with Jones Day Reavis & Pogue as a partner and Chair of its Issues and Appeals Section.

Mr. Dyk received his undergraduate degree in 1958 from Harvard College, and his law degree from Harvard Law School in 1961. Following law school, he clerked for U.S. Supreme Court Justices Reed, Burton, and Chief Justice Warren. Mr. Dyk was also a Special Assistant to the Assistant Attorney General in the Tax Division. His has been a distinguished career in which he has represented a wide array of clients, including the United States Chamber of Commerce.

I look forward to Senate consideration of his nomination and trust that it will occur very soon.