Specter-Leahy
Release Questionnaire
On Nomination Of
Harriet Miers
To Be Associate
Justice Of The Supreme Court
CONTACT: (202)
224-9020 (Specter) or (202) 224-2154 (Leahy)
Attached and below please find a
copy of the questionnaire the Senate Judiciary Committee has
asked Harriet E. Miers to complete regarding her nomination to
be Associate
Justice of the Supreme Court of the
United States. Once her
questionnaire is completed, copies will be made available by the
Committee.
PDF Format
UNITED STATES
SENATE
COMMITTEE ON THE JUDICIARY
NOMINEE FOR THE SUPREME COURT OF THE UNITED STATES
GENERAL
(PUBLIC)
1. Name:
Full name (include any former names used).
2. Position:
State the position for which you have been nominated.
3. Address:
List current office address. If state of residence differs from
your place of employment, please list the state where you
currently reside.
4. Birthplace:
State date and place of birth.
5. Marital Status:
(include maiden name of wife, or husband’s name). List spouse’s
occupation, employer’s name and business address(es). Please,
also indicate the number of dependent children.
6. Education:
List in reverse chronological order, with most recent first,
each college, law school, and any other institutions of higher
education attended and indicate for each the dates of
attendance, whether a degree was received, and the date each
degree was received.
7. Employment Record:
List in reverse chronological order, listing most recent first,
all governmental agencies, business or professional
corporations, companies, firms, or other enterprises,
partnerships, institutions and organizations, non-profit or
otherwise, with which you have been affiliated as an officer,
director, partner, proprietor, elected official or employee
since graduation from college, whether or not you received
payment for your services. Include the name and address of the
employer and job title or job description, or the name and
address of the institution or organization and your title and
responsibilities, where appropriate.
8. Military Service and
Draft Status: Identify any service in the U.S.
Military, including dates of service, branch of service, rank or
rate, serial number and type of discharge received. Please list,
by approximate date, Selective Service classifications you have
held, and state briefly the reasons for any classification other
than I-A.
9. Honors and Awards:
List any scholarships, fellowships, honorary degrees, academic
or professional honors or awards, honorary society memberships,
military awards, and any other special recognition for
outstanding service or achievement you have received.
10. Bar Associations:
List all bar associations or legal or judicial-related
committees, selection panels or conferences of which you are or
have been a member, and give the titles and dates of any offices
which you have held in such groups. Also, if any such
association,
committee or conference of which you were or are a member issued
any reports, memoranda or policy statements prepared or produced
with your participation, please furnish the committee with four
(4) copies of these materials, if they are available to you.
Please also provide four (4) copies of any resolutions on which
you voted, the corresponding votes and minutes, as well as any
speeches or statements you made with regard to policy decisions
or positions taken by the association, committee or conference
that you participated in. “Participation” includes, but is not
limited to, membership in any working group of any such
association, committee or conference which produced a report,
memorandum or policy statement even where you did not contribute
to it.
11.
Bar and Court Admission:
a. List the
date(s) you took the examination and date you passed for all
states where you sat for a bar examination. List any state in
which you applied for reciprocal admission without taking the
bar examination and the date of such admission or refusal of
such admission.
b. List all
courts in which you have been admitted to practice, including
dates of admission and any lapses in membership. Please explain
the reason for any lapse of membership. Give the same
information for administrative bodies which require special
admission to practice.
12.
Memberships:
a. List all
professional, business, fraternal, scholarly, civic, charitable,
or other organizations, other than those listed in response to
Questions 10 or 11 to which you belong, or to which you have
belonged, or in which you have participated since graduation
from law school. Provide dates of membership or participation,
and indicate any office you held. Include clubs, working groups,
advisory or editorial boards, panels, committees, conferences,
or publications. Please describe briefly the nature and
objectives of each such organization, the nature of your
participation in each such organization, and identify an officer
or other person from whom more detailed information may be
obtained.
b. If any of
these organizations of which you were or are a member or in
which you participated issued any reports, memoranda or policy
statements prepared or produced with your participation, please
furnish the committee with four (4) copies of these materials,
if they are available to you. Please also provide four (4)
copies of any resolutions on which you voted, the corresponding
votes and minutes, as well as any speeches or statements you
made with regard to policy decisions or positions taken by the
association, committee or conference that you participated in.
“Participation” includes, but is not limited to, membership in
any working group of any such association, committee or
conference which produced a report, memorandum or policy
statement even where you did not contribute to it. If any of
these materials are not available to you, please give the name
and address of the organization that issued the report,
memoranda or policy statement, the date of the document, and a
summary of its subject matter.
c. Please
indicate whether any of these organizations currently
discriminate or formerly discriminated on the basis of race,
sex, or religion – either through formal membership requirements
or the practical implementation of membership policies. If so,
describe any action you have taken to change these policies and
practices.
13.
Published Writings, Testimony and Speeches:
a. List the
titles, publishers, and dates of books, articles, reports,
letters to the editor, editorial pieces, or other material you
have written or edited, including material published only on the
Internet. Please supply four (4) copies of all published
material to the Committee.
b. Please
supply four (4) copies of any testimony, official statements or
other communications relating, in whole or in part, to matters
of public policy, that you have issued or provided or that
others presented on your behalf to public bodies or public
officials.
c. Please
list all speeches, talks, or presentations by you which relate
in whole or in part to issues of law or public policy. For each
one, please give the name and address of the group before which
the speech was given, the date of the speech, and a summary of
its subject matter. For each of these, please supply four (4)
copies of your prepared remarks or any outline or notes from
which you spoke. If a recording or transcript is available,
please supply four (4) copies of those as well. If press reports
about the speech, talk, or presentation are available to you,
please supply them.
d. Please
list all interviews you have given to newspapers, magazines or
other publications, or radio or television stations, providing
the dates of these interviews and four (4) copies of the clips
or transcripts of these interviews where they are available to
you.
14.
Public Office, Political
Activities and Affiliations:
a. List
chronologically any public offices you have held, other than
judicial offices, including the terms of service and whether
such positions were elected or appointed. If appointed, please
include the name of the individual who appointed you. Also,
state chronologically any unsuccessful candidacies you have had
for elective office or unsuccessful nominations for appointed
office.
b. If, in
connection with any public office you have held, there were any
reports, memoranda, or policy statements prepared or produced
with your participation, please supply four (4) copies of these
materials. Please also provide four (4) copies of any
resolutions, motions, legislation, nominations, or other matters
on which you voted as an elected official, the corresponding
votes and minutes, as well as any speeches or statements you
made with regard to policy decisions or positions taken.
“Participation” includes, but is not limited to, membership in
any subcommittee, working group or other such group, which
produced a report, memorandum or policy statement even where you
did not contribute to it. If any of these materials are not
available to you, please give the name of the document, the date
of the document, a summary of its subject matter, and where it
can be found.
c. List all
memberships and offices held in and services rendered, whether
compensated or not, to any political party, election committee,
or transition team. Please supply four (4) copies of any
memoranda analyzing issues of law or public policy that you
wrote on behalf of or in connection with a presidential
transition team.
d. If in
connection with any public office, you have ever filed a
financial disclosure form or ethics form or any similar form,
please supply four (4) copies of each one.
15.
Legal Career:
Please answer each part separately.
a. Describe
chronologically your law practice and legal experience after
graduation from law school including:
i. whether
you served as clerk to a judge, and if so, the name of the
judge, the court and the dates of the period you were a clerk;
ii. whether
you practiced alone, and if so, the addresses and dates;
iii. the
dates, names and addresses of law firms or offices, companies or
governmental agencies with which you have been affiliated, and
the nature of your affiliation with each.
b. Describe:
i. the
general character of your law practice and indicate by date when
its character has changed over the years.
ii. your
typical former clients and the areas, if any, in which you have
specialized.
c. Describe
whether you appeared in court frequently, occasionally, or not
at all. If the frequency of your appearances in court varied,
describe such variance, providing dates.
i. Indicate
the percentage of these appearances in:
1. federal
courts;
2. state
courts of record;
3. other
courts.
ii. Indicate
the percentage of these appearances in:
1. civil
proceedings;
2. criminal
proceedings.
d. State the
number of cases in courts of record you tried to verdict or
judgment (rather than settled), indicating whether you were sole
counsel, chief counsel, or associate counsel. For any appellate
cases, state whether you made oral arguments, and supply four
(4) copies of any briefs that were filed for those cases.
i. What
percentage of these trials were:
1. jury;
2.
non-jury.
e. Describe
your practice, if any, before the Supreme Court of the United
States. Please supply four (4) copies of any briefs, amicus or
otherwise, and, if applicable, any oral argument transcripts
before the Supreme Court in connection with your practice. Give
a detailed summary of the substance of each case, outlining
briefly the factual and legal issues involved, the party or
parties whom you represented, describe in detail the nature of
your participation in the litigation and the final disposition
of the case, and provide the individual name, addresses, and
telephone numbers of co-counsel and of principal counsel for
each of the other parties.
16.
Litigation:
Describe the ten most significant litigated matters which you
personally handled. Give the citations, if the cases were
reported, and the docket number and date if unreported. Give a
capsule summary of the substance of each case. Identify the
party or parties whom you represented; describe in detail the
nature of your participation in the litigation and the final
disposition of the case. Also state as to each case:
a. the date
of representation;
b. the name
of the court and the name of the judge or judges before whom the
case was litigated; and
c. the
individual name, addresses, and telephone numbers of co-counsel
and of principal counsel for each of the other parties.
If any of these
cases has already been described in 15(D)
above, it need not be repeated here. In addition, list all
litigated matters in which you were involved, if not covered in
15(D) above or in the first part of this question.
17.
Constitutional Issues:
Please describe in detail any cases or matters you addressed
as an attorney or public official which involved constitutional
questions. For each case or matter, please describe in detail
the constitutional issue you dealt with, the context in which
you dealt with it, and the substance of any positions you took
related to that issue. Please identify and provide copies of:
any briefs you have drafted or filed, transcripts or other
records of any oral arguments you have made, and memoranda,
speeches or other materials you have written relating in any way
to such issues, as well as any other materials that reflect your
familiarity with, views on, or questions regarding such issues.
18. Legal
Activities:
Describe the most significant legal activities you
have pursued, including significant litigation which did not
progress to trial or legal matters that did not involve
litigation. Describe fully the nature of your participation in
these activities. Please list any client(s) or organization(s)
for whom you performed lobbying activities and describe the
lobbying activities you performed on behalf of such client(s) or
organizations(s).
19.
Teaching: What
courses have you taught? For each course, state the title, the
institution at which you taught the course, the years in which
you taught the course, and describe briefly the subject matter
of the course and the major topics taught. If you have a
syllabus of each course, please provide four (4) copies to the
committee.
20.
Party to Civil Legal or
Administrative Proceedings: State whether
you, or any business of which you are or were an officer or any
partnership, trust or other business entity with which you are
or were involved, have ever been a party or otherwise involved
as a party in any civil, legal or administrative proceedings. If
so, please describe in detail the nature of your participation
in the litigation and the final disposition of the case. Include
all proceedings in which you were a party in interest.
21.
Deferred Income/ Future Benefits:
List the sources, amounts and dates of all anticipated receipts
from deferred income arrangements, stock, options, uncompleted
contracts and other future benefits which you expect to derive
from previous business relationships, professional services,
firm memberships, former employers, clients or customers. Please
describe the arrangements you have made to be compensated in the
future for any financial or business interest.
22.
Potential Conflicts of Interest:
Explain how you will resolve any potential conflict of interest,
including the procedure you will follow in determining these
areas of concern. Identify the categories of litigation and
financial arrangements that are likely to present potential
conflicts-of-interest during your initial service in the
position to which you have been nominated. Specifically, explain
how you will resolve any conflicts that may arise by virtue of
your service in the Bush Administration, as George W. Bush’s
personal lawyer, or as the lawyer for George W. Bush’s
Gubernatorial and Presidential campaigns. In addition, please
explain how you will resolve any conflicts that may arise from
your time engaged in the private practice of law.
23.
Outside Commitments During Court
Service: Do you have any plans, commitments, or
agreements to pursue outside employment, with or without
compensation, during your service with the court? If so,
explain.
24.
Sources of Income:
List sources and amounts of all income received during the
calendar year preceding your nomination and for the current
calendar year, including all salaries, fees, dividends,
interest, gifts, rents, royalties, patents, honoraria, and other
items exceeding $500 or more (If you prefer to do so, copies of
the financial disclosure report, required by the Ethics in
Government Act of 1978, may be substituted here.)
25.
Statement of Net Worth:
Please complete the attached financial net worth statement in
detail (add schedules as called for).
26.
Pro Bono Work: An
ethical consideration under Canon 2 of the American Bar
Association’s Code of Professional Responsibility calls for
“every lawyer, regardless of professional prominence or
professional workload, to find some time to participate in
serving the disadvantaged.” Describe what you have done to
fulfill these responsibilities, listing specific instances and
the amount of time devoted to each.
27.
Selection Process:
a. Please
describe your experience in the entire judicial selection
process, from beginning to end (including the circumstances
which led to your nomination and the interviews in which you
participated). List all interviews or communications you had
with anyone in the Executive Office of the President or the
Justice Department regarding this nomination, or any other
judicial nomination for which you were considered, the dates of
such interviews or communications, and all persons present or
participating in such interviews or communications.
b. Has
anyone involved in the process of selecting you as a judicial
nominee (including, but not limited to anyone in the Executive
Office of the President, the Justice Department, or the Senate
and its staff) ever discussed with you any specific case, legal
issue or question in a manner that could reasonably be
interpreted as seeking any express or implied assurances
concerning your position on such case, issue, or question? If
so, please explain fully. Please identify each communication you
had prior to the announcement of your nomination with anyone in
the Executive Office of the President, the Justice Department or
the Senate or its staff referring or relating to your views on
any case, issue or subject that could come before the Supreme
Court of the United States, state who was present or
participated in such communication, and describe briefly what
transpired.
c. Did you
make any representations to any individuals or interest groups
as to how you might rule as a Justice if confirmed? Please
describe and provide four (4) copies of all communications by
the Bush Administration or individuals acting on behalf of the
Administration to any individuals or interest groups with
respect to how you would rule if confirmed.
28.
Judicial Activism:
Please discuss your views on the following criticism involving
“judicial activism.”
The role of the
Federal judiciary within the Federal government, and within
society, generally, has become the subject of increasing
controversy in recent years. It has become the target of both
popular and academic criticism that alleges that the judicial
branch has usurped many of the prerogatives of other branches
and levels of government.
Some of the
characteristics of this “judicial activism” have been said to
include:
a. a
tendency by the judiciary toward problem-solution rather than
grievance-resolution;
b. a
tendency by the judiciary to employ the individual plaintiff as
a vehicle for the imposition of far-reaching orders extending to
broad classes of individuals;
c. a
tendency by the judiciary to impose broad, affirmative duties
upon governments and society;
d. a
tendency by the judiciary toward loosening jurisdictional
requirements such as standing and ripeness; and
e. a
tendency by the judiciary to impose itself upon other
institutions in the manner of an administrator with continuing
oversight responsibilities.
UNITED STATES
SENATE
COMMITTEE ON THE JUDICIARY
NOMINEE FOR THE SUPREME COURT OF THE UNITED STATES
CONFIDENTIAL
NAME:
HOME ADDRESS:
TELEPHONE
NUMBER (both home and office):
1.
Employment History: State whether you have ever been
discharged from employment for any reason or have ever resigned
after being informed that your employer intended to discharge
you.
2.
Bankruptcy and Tax Information: Information under this
heading must be provided for yourself, and any partnership,
trust, or other business entity with which you were involved.
a. Have you
and any partnership, trust, or other business entity with which
you were involved, filed and paid all taxes (federal, state and
local) as of the date of your nomination?
b. Have you
or any partnership, trust, or other business entity with which
you were involved, ever made any back tax payments? If so,
provide full details.
c. Has a tax
lien or other collection procedure(s) ever been instituted
against you or any partnership, trust, or other business entity
with which you were involved, by federal, state, or local
authorities? If so, please provide full details.
d. Have you
or any partnership, trust, or other business entity with which
you were involved ever been the subject of any audit,
investigation, or inquiry for federal, state, or local taxes? If
so, please provide full details.
e. Have you
or any partnership, trust, or other business entity with which
you were involved, ever declared bankruptcy? If so, please
provide full details.
3. Past
Investigations and Complaints:
a. State
whether, to your knowledge, you or any organization of which you
were or are an officer, director, or active participant has ever
been under federal, state, or local investigation for a possible
violation of any civil or criminal statute or administrative
agency regulation. If so, please provide full details.
b. Have you
ever been the subject of a complaint to any court,
administrative agency, bar association, disciplinary committee,
or other professional group for a breach of ethics,
unprofessional conduct or a violation of any rule of practice?
If so, please provide full details.
4.
Health:
a. What is
the present state of your health?
b. Have you
in the past 10 years (1) suffered an injury or illness requiring
hospital treatment, or (2) been prevented from working due to
injury or illness or otherwise incapacitated for a period in
excess of 10 days? If so, give particulars, including the
causes, the dates, the places of confinement or treatment, and
the present status of the conditions which caused the hospital
treatment or incapacitation.
c. When did
you have your most recent general physical examination, and who
was the supervising physician?
d. Are you
currently under treatment for an illness or physical condition?
If so, give details.
e. Have you
ever been treated for or had any problem with alcoholism or any
related condition associated with consumption of alcoholic
beverages or any other form of drug addiction or dependence? If
so, give details.
f. Have you
ever been treated for or suffered from any other form of mental
illness? If so, give details.
5.
Arrests: Have you ever been arrested for, charged with, or
convicted of a crime, other than a minor traffic violation, that
is reflected in a record available to the public? If so, provide
the relevant dates of arrest, charge and disposition, and
describe the particulars of the offense.
6.
Disclosure: Please advise the Committee of any unfavorable
information that may affect your nomination.
FINANCIAL
STATEMENT
NET WORTH
Provide a
complete, current financial net worth statement which itemizes
in detail all assets (including bank accounts, real estate,
securities, trusts, investments, and other financial holdings),
all liabilities (including debts, mortgages, loans and other
financial obligations) of yourself, your spouse and other
immediate members of your household.
|
ASSETS
|
LIABILITIES |
|
Cash on
hand and in banks |
Notes
payable to banks-secured |
|
U.S.
Government securities-add schedule |
Notes
payable to banks-unsecured |
|
Listed
securities-add schedule |
Notes
payable to relatives |
|
Unlisted securities--add schedule |
Notes
payable to others |
|
Accounts and notes receivable: |
Accounts and bills due |
|
Due
from relatives and friends |
Unpaid
income tax |
|
Due
from others |
Other
unpaid income and interest |
|
Doubtful |
Real
estate mortgages payable-add schedule
|
|
Real
estate owned-add schedule |
Chattel
mortgages and other liens payable |
|
Real
estate mortgages receivable |
Other
debts-itemize: |
|
Autos
and other personal property |
|
Cash
value-life insurance |
|
Other
assets itemize: |
|
Total
liabilities |
|
Net
Worth |
|
Total
Assets |
Total
liabilities and net worth |
|
CONTINGENT LIABILITIES |
GENERAL
INFORMATION |
|
As
endorser, comaker or guarantor |
Are any
assets pledged? (Add schedule) |
|
On
leases or contracts |
Are you
defendant in any suits or legal actions?
|
|
Legal
Claims |
Have
you ever taken bankruptcy? |
|
Provision for Federal Income Tax |
|
Other
special debt |
AFFIDAVIT
I,
_______________________________________________, do swear that
the information provided in this statement is, to the best of my
knowledge, true and accurate.
_________________________
__________________________________________
(DATE) (NAME)
__________________________________________
(NOTARY)
