Currently, the longest-pending judicial nomination is that of Judge Richard A. Paez. The vacancy for which Judge Paez was nominated became a judicial emergency during the time his nomination has been pending without action by the Senate. His nomination was first received by the Senate back in January 1996, over three and one-half years ago.
He was finally accorded a confirmation hearing after 25 months, in February 1998 and was reported favorably by the Committee on March 19, 1998. The delays did not stop there, however. This nomination was held on the Senate Executive Calendar without action for over seven months, for the remainder of the last Congress.
Judge Paez was renominated by the President again this year and his nomination has been pending without action before this Committee all year. He has the strong support of both California Senators and a “well-qualified” rating from the American Bar Association. He has served as a municipal judge for 13 years and as a federal judge for four years.
As I review his background, I fear that it was his service in legal aid that has accounted for this delay. In my view Judge Paez should be commended for the years he worked to provide legal services and access to our justice system for those without the financial resources otherwise to retain counsel. His work with the Legal Aid Foundation of Los Angeles, the Western Center on Law and Poverty and California Rural Legal Assistance for nine years should be a source of praise.
Judge Paez has had the strong support of California judges familiar with his work, such as Justice H. Walter Crosky, and support from an impressive array of law enforcement officials, including Gil Garcetti, the Los Angeles District Attorney; the late Sherman Block, then Los Angeles County Sheriff; the Los Angeles County Police Chiefs’ Association; and the Association for Los Angeles Deputy Sheriffs.
The Hispanic National Bar Association, the Mexican American Legal Defense and Educational Fund, the League of United Latin American Citizens, the National Association of Latino Elected and Appointed Officials, and many, many others have been seeking a vote on this nomination for many months.
While I regret he was delayed from last week to this, I guess that three and one-half years was not enough time for some to be prepared to vote on this nomination. I am glad that this week, finally, this nomination is moving forward to a Committee vote. I want to commend the Chairman of the Judiciary Committee for his steadfast support of this nominee and Senator Boxer and Senator Feinstein of California for their efforts on his behalf. I look forward to Senate action confirming Judge Paez to the Ninth Circuit.
The Committee also has the opportunity to report the nomination of Ray Fisher to the Ninth Circuit and Maryanne Trump Barry to the Third Circuit as well as five District Court nominees. I note the dispatch with which we are moving on certain of these nominees and trust that similar treatment will be accorded the other nominees sent to the Committee.