Executive Session

Floor Speech

BREAK IN TRANSCRIPT

Mr. GRASSLEY. Mr. President, I rise to speak on another of President Obama's judicial nominees. Tonight's vote to confirm Ms. Mae D'Agostino will be the 14th judicial nominee confirmed this Congress. It is the 10th judicial emergency filled this year.

Even though I gave an update to my colleagues just 11 days ago, when we had our last judicial nomination vote, I will give a short report on the status of judicial nominations. To date, we have taken positive action on 33 of the 60 judicial nominees submitted this Congress, or 55 percent. We continue to have nominations hearings every 2 weeks, and have favorably reported nominees out of committee at every weekly markup session.

Furthermore, nominees in committee continue to be processed much faster than those nominated by President Bush. On average, President Obama's district court nominees have only had to wait 66 days from nomination to their hearing. For President Bush's nominees, the wait time was nearly double, at 120 days. President Bush's circuit court nominees waited, on average, 247 days for a hearing. President Obama's nominees are receiving their hearing, on average, within 72 days.

Even with our rapid pace, the Federal courts still hold a vacancy rate of almost 11 percent. Yet 54 percent of the vacancies do not have nominees. While we are processing consensus nominees in a fair and thorough manner, we cannot lower the vacancy rate if no nominee exists.

The seat to which Ms. D'Agostino has been nominated, vacant since March of 2006, is categorized as a judicial emergency. This vacancy should never have been deemed an emergency. President Bush nominated not one, but two nominees to this vacancy during the 109th and 110th Congresses. First, Mary Donohue, who had served as New York State's Lieutenant Governor, was nominated in June 2006, 3 months after the vacancy occurred. Ms. Donohue's nomination languished in committee without a hearing or a committee vote for 435 days. Her nomination was withdrawn in September 2007. President Bush then nominated Thomas Marcelle to the seat. He waited 155 days in the Judiciary Committee and never received a hearing. The nomination was returned at the end of the 110th Congress. In sum, the seat had a nominee for 590 days, with no action. This is justice delayed. I would note that both candidates had a rating from the ABA of ``Well Qualified.''

It took President Obama over 20 months to finally nominate an individual to this vacancy. While I am disappointed this seat has been needlessly vacant for so long, I am pleased to support the nominee before us today.

Mae Avila D'Agostino received her B.A., magna cum laude, from Siena College and her J.D. in 1980 from Syracuse University College of Law. Ms. D'Agostino began her legal career in 1981 as an associate attorney at Maynard, O'Connor & Smith. In 1985, she was made a partner. In 1997, Ms. D'Agostino left Maynard, O'Connor & Smith to start her own firm D'Agostino, Krackeler, Maguire & Cardona, P.C., where she currently practices. Throughout her career, Ms. D'Agostino has primarily practiced in the area of defense litigation with a concentration on medical malpractice.

In addition to her legal practice, Ms. D'Agostino has also taught legal courses at the Junior College of Albany and Albany Law School. The ABA Standing Committee on the Federal Judiciary gave Ms. D'Agostino a unanimous ``Well-Qualified'' rating. Her nomination was reported by the Judiciary Committee by voice vote just 25 days ago.

I congratulate the nominee and wish her well in her public service as a U.S. district judge.

BREAK IN TRANSCRIPT

Source