Leahy, Sessions Release Sotomayor Questionnaire

 

(Wednesday, May 27, 2009) -- Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Jeff Sessions (R-Ala.) Wednesday released the bipartisan questionnaire the Senate Judiciary Committee has asked Judge Sonia Sotomayor to complete in connection with her nomination to be an Associate Justice of the Supreme Court of the United States. 

 

Once the questionnaire is completed and returned to the Committee, copies will be made available online and in print.

 

A PDF of the questionnaire is available online.

 

UNITED STATES SENATE

COMMITTEE ON THE JUDICIARY

 

QUESTIONNAIRE FOR JUDICIAL NOMINEES

 

PUBLIC

 

1. Name:  State 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 city and state of residence differs from your place of employment, please list the city and state where you currently reside.

 

4. Birthplace:  State date and place of birth.

 

5. Education:  List in reverse chronological order each college, law school, or any other institution of higher education attended and indicate for each the dates of attendance, whether a degree was received, and the date each degree was received.

 

6. Employment Record:  List in reverse chronological order all governmental agencies, business or professional corporations, companies, firms, or other enterprises, partnerships, institutions, or organizations, non-profit or otherwise, with which you have been affiliated as an officer, director, partner, proprietor, 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 description.

 

7. 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 (if different from social security number), and type of discharge received, and whether you have registered for selective service.

 

8. Honors and Awards:  List any scholarships, fellowships, honorary degrees, academic or professional honors, honorary society memberships, military awards, and any other special recognition for outstanding service or achievement. 

 

9. 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.

 

10. Bar and Court Admission:

 

1. List the date(s) you took the examination, the date you passed, and the date you were admitted to the bar of any state 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.  List and explain the reason for any lapses in membership. 

 

2. List all courts in which you have been admitted to practice, including dates of admission and any lapses in membership.  Explain the reason for any lapse in membership.  Give the same information for administrative bodies that require special admission to practice. 

 

11. Memberships: 

 

1. List all professional, business, fraternal, scholarly, civic, charitable, or other organizations, other than those listed in response to Questions 9 or 10 to which you belong, or to which you have belonged, or in which you have participated, since graduation from law school.  “Participation” means consistent or repeated involvement in a given organization, not merely attendance at a small number of events or meetings.  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.  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.

 

2. The American Bar Association's Commentary to its Code of Judicial Conduct states that it is inappropriate for a judge to hold membership in any organization that invidiously discriminates on the basis of race, sex, religion, or national origin. Indicate whether any of these organizations listed in response to 11a above currently discriminates or formerly discriminated on the basis of race, sex, religion, or national origin 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.

 

3. List all conferences, symposia, panels, and continuing legal education events you have attended after having been confirmed to the district court.  For each event, provide the dates, a description of the subject matters addressed, the sponsors, and whether any funding was provided to you by the sponsors or other organizations.

 

12. Published Writings and Public Statements: 

 

a.       List the titles, publishers, and dates of books, articles, reports, letters to the editor, editorial pieces, or other published material you have written or edited, including material published only on the Internet.  Supply four (4) copies of all published material to the Committee.

 

b.      Supply four (4) copies of any reports, memoranda, or policy statements you prepared or contributed to the preparation of on behalf of any bar association, committee, conference, or organization of which you were or are a member or in which you have participated as defined in 11a.  Include reports, memoranda, or policy statements of any working group of any bar association, committee, or conference which produced a report, memorandum, or policy statement, even where you did not contribute to it.  If you do not have a copy of a report, memorandum, or policy statement, give the name and address of the organization that issued it, the date of the document, and a summary of its subject matter.   

 

c.       Supply four (4) copies of any testimony, official statements, or other communications relating, in whole or in part, to matters of public policy or legal interpretation, that you have issued or provided or that others presented on your behalf to public bodies or public officials.

 

d.      Supply four (4) copies, transcripts, or recordings of all speeches or talks delivered by you, including commencement speeches, remarks, lectures, panel discussions, conferences, political speeches, and question-and-answer sessions.  Include the date and place where they were delivered and readily available press reports about the speech or talk.  If you do not have a copy of the speech or a transcript or recording of your remarks, give the name and address of the group before whom the speech was given, the date of the speech, and a summary of its subject matter.  If you did not speak from a prepared text, furnish a copy of any outline or notes from which you spoke. 

 

e.       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.

 

f.       If, in connection with any public office you have held (see 15b), there were any reports, memoranda, or policy statements prepared or produced with your participation, supply four (4) copies of these materials.  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.

 

13. Judicial Office:  State (chronologically) any judicial offices you have held, including positions as an administrative law judge, whether such position was elected or appointed, and a description of the jurisdiction of each such court.

 

a.       As a trial judge, approximately how many cases did you preside over that went to verdict or judgment?  ______ 

 

                                                              i.      Of these, approximately what percent were:

 

jury trials? ___%; bench trials ___% [total 100%]

civil proceedings? ___%; criminal proceedings? ___% [total 100%]

 

b.      Provide citations for all opinions you have written, including concurrences and dissents.

 

c.       Provide citations to all cases in which you were a panel member, but did not write an opinion.

 

d.      Provide a list and copies of all your unpublished opinions.

 

e.       For each of the 10 most significant cases over which you presided, provide: (1) a capsule summary of the nature the case; (2) the outcome of the case; (3) the name and contact information for counsel who had a significant role in the trial of the case; and (4) the citation of the case (if reported) or the docket number (if not reported). 

 

f.       Provide a list of all cases in which certiorari was requested or granted.

 

g.      Provide a brief summary of and citations for all of your opinions where your decisions were reversed by a reviewing court or where your judgment was affirmed with significant criticism of your substantive or procedural rulings.  If any of the opinions listed were not officially reported, provide copies of the opinions.

 

h.      Provide citations to all cases in which, as a district court judge, you sat by designation on a federal court of appeals, including a brief summary of any opinions you authored, whether majority, dissenting, or concurring, and any dissenting opinions you joined. 

 

14. Recusal:  Identify the basis by which as a judge you have assessed the necessity or propriety of recusal.  (If your court employs an "automatic" recusal system by which you may be recused without your knowledge, please include a general description of that system and a list of cases from which you were recused.)  Provide a list of any cases, motions, or matters that have come before you in which a litigant or party has requested that you recuse yourself due to an asserted conflict of interest or in which you have recused yourself sua sponte.  Identify each such case and, for each, provide the following information:

  

a.       whether your recusal was requested by a motion or other suggestion by a litigant or a party to the proceeding or by any other person or interested party; or if you recused yourself sua sponte;

 

b.      a brief description of the asserted conflict of interest or other ground for recusal;

 

c.      the procedure you followed in determining whether or not to recuse yourself;

 

d.      your reason for recusing or declining to recuse yourself, including any action taken to remove the real, apparent, or asserted conflict of interest or to cure any other ground for recusal.

 

15. Public Office, Political Activities, and Affiliations:

 

1. 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.

 

2. List all memberships and offices held in and services rendered, whether compensated or not, to any political party or election committee.  If you have ever held a position or played a role in a political campaign, identify the particulars of the campaign, including the candidate, dates of the campaign, your title, and responsibilities.

 

16. Legal Career:  Answer each part separately.

1. Describe chronologically your law practice and legal experience after graduation from law school including:

1. 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;

2. whether you practiced alone, and if so, the addresses and dates;

3. 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;

4. whether you served as a mediator or arbitrator in alternative dispute resolution proceedings and, if so, a description of the 10 most significant matters with which you were involved in that capacity.

2. Describe:

1.  the general character of your law practice and indicate by date when its character has changed over the years;
   

2. your typical clients and the areas at each period of your legal career, if any, in which you have specialized.

 

3. Describe the percentage of your practice that has been in litigation and 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.

4. List, by case name, all cases in courts of record, including cases before administrative law judges, you tried to verdict, judgment, or final decision (rather than settled), indicating whether you were sole counsel, chief counsel, or associate counsel.  For each such case, include the docket number and provide any opinions or filings available to you.

        \                                                      i.    

                                                    i.      What percentage of these trials were:

1.      jury;

2.      non-jury.

 

5. Describe your practice, if any, before the Supreme Court of the United States, the highest court of any state, or any state or federal courts of appeals.  Supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any oral argument transcripts before these courts 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, the nature of your participation in the litigation, and the final disposition of the case.  Also provide the individual names, addresses, and telephone numbers of co-counsel and of principal counsel for each of the other parties.

 

17. Litigation: Describe the ten (10) most significant litigated matters which you personally handled, whether or not you were the attorney of record.  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:

 

1. the date of representation;

 

2. the name of the court and the name of the judge or judges before whom the case was litigated; and

 

3. the individual name, addresses, and telephone numbers of co-counsel and of principal counsel for each of the other parties.

 

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.  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).  (Note: As to any facts requested in this question, please omit any information protected by the attorney-client privilege.)

 

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, compensation received, and describe briefly the subject matter of the course and the major topics taught.  If you have a syllabus of each course, provide four (4) copies to the committee.

 

20. 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.  Describe the arrangements you have made to be compensated in the future for any financial or business interest.

 

21. 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.

 

22. 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, licensing fees, 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).

 

23. Statement of Net Worth:  Please complete the attached financial net worth statement in detail (add schedules as called for).
    
24. Potential Conflicts of Interest:

 

1. Identify the family members or other persons, parties, categories of litigation, and financial arrangements that are likely to present potential conflicts of interest when you first assume the position to which you have been nominated.  Explain how you would address any such conflict if it were to arise. 

 

2. Explain how you will resolve any potential conflict of interest, including the procedure you will follow in determining these areas of concern. 

 

25. 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.

 

26. Selection Process:

 

1. 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, Justice Department, or outside organizations or individuals at the behest of anyone in the Executive Office of the President or Justice Department regarding this nomination, the dates of such interviews or communications, and all persons present or participating in such interviews or communications.  Do not include any contacts with Federal Bureau of Investigation personnel concerning your nomination.

 

2. Has anyone involved in the process of selecting you for this nomination (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 currently pending or 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, explain fully.  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.

 

3. Did you make any representations to any individuals or interest groups as to how you might rule as a Justice, if confirmed?  If you know of any such representations made by the White House or individuals acting on behalf of the White House, please describe them, and if any materials memorializing those communications are available to you, please provide four (4) copies.

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.

 

 

AFFIDAVIT

 

 

 

I, _______________________________________________, do swear that the information provided in this statement is, to the best of my knowledge, true and accurate.

 

 

 

 

_________________________     _______________________________

(DATE)                            (NAME)

 

  

__________________________________

(NOTARY)

  

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