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So I think that will give me a leg up, so to speak. The question is what rec- ommendation do you have in terms of trying to reform the rules? I think, first of all, you need very close case man- agement. Of course, I cannot do anything about those concerns except di- rect them to the people who can. Is that something that should be dismissed out of hand, as someone who has run for reelection as a judge? I follow the law and I follow it as it comes to me. Second, as a magistrate judge, I have presided over a number of evidentiary hearings involving motions to dismiss and have dealt with all of the preliminary matters right up to trial as part of my responsibilities as a magistrate judge. I think the Massachusetts group went quite far in terms of what it recommended. When I go into the community, which I do on many occasions, I am a lightening rod for all of their concerns about the justice sys- tem. We are gov- erned by the canons, and our canons in our State follow the model of the canons here, with the exception that they recognize that we are in a State with partisan primary races for judges who must run flat-out open each time. Do you take into account what the people are thinking? If there is a case where there is no provision in the law — and that happens oc- casionally, which I call the unprovided case — then that is a little bit of a different analysis. But one looks for parallels, if it is not a question of a statute.

Judge Rogers, would you raise your right hand: Do you swear that the testimony you shall give in this proceeding shall be the truth, the whole truth, and nothing but the truth, so help you Grod? But I can foresee situations where the D'Oench Duhme doctrine may con- ceivably be overused, and I think we need to be sensitive to it. One final question: Your experience has been rather limited in the field of criminal trials. These critics recognize the importance of stare decisis, judicial precedent, and sometimes these two goals, to avoid what some may call legislating from the bench and to follow settled law, may conflict. That is our primary obligation, is to follow the law. Do you think at times a judge has a case before him or her and it cries out for a specific kind of a conclusion, and yet, based upon stare decisis, the decision would fall the other way? But it is a fairly common occurrence that one has 24 to look seriously at being constrained by the law. That is different I think in your question than the unprovided case, where you get a situation where there has never been any- thing you can lean on. But I was curious, do you have an election system in Judge Wells. We do not have such a system in Maine, except for probate judges. I think 7 of your opinions out of 147 were ap- pealed, a pretty outstanding record, I would think. It is a very challenging thing to do and you run it very close and tight and with good advisors. Not the mechanics of running, but the basis Judge Wells. But do you draw a distinction between public opinion and what Holmes might call the "felt necessities" of the time?

But as Judge Alvin Rubin used to say so often, a judge must be more than a thinking machine, a judge must have an unswerving commitment to equsd justice under the law. She has spent her life confronting discrimination and winning. And I think the type of individual calendar and case manage- ment successes in the trial court and, indeed, in the appellate court indicate that individual judges can make a real difference in the pace and conduct of litigation. Well, what kind of steps will you take to best con- trol your own docket? As an appellate judge, I have a number of proce- dures that I trust I will apply on the Federal court, as I have on the District of Columbia Court of Appeals. We do have mandatory minimum sen- tences and I have enforced them, as I mentioned, when the issue has arisen. One final question: In the State of the Union Message this week. The question I have is, what about situations where you have small vendors? Wells, do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God? It can be very important, but it is not the only way to resolve disputes, and in America we need to make available as many as possible. In recent years, much has been said about Federal courts' increased caseload generally and the resulting prob- lem of docket backlogs. I would like the benefit of your own experience in terms of deal- ing with the courts.

She has a well-earned reputation for competency and integ- rity in our legal community, and I feel certain that she will distin- guish herself as a scholar on the bench. She is a virtual champion of civil liberties and civil rights for all people. We have spent considerable time on studies, as well, on the application of computer technology to assist the judges, as well as judicial train- ing. We do not have such guidelines in the District of Columbia. As an appellate judge, my obligation is to enforce the laws that the Congress passes or, where I am now, that the District of Columbia Council passes. Obviously, every one of us has an interest in seeing to it that the FDIC and RTC in fact have this tool at their disposal in order to protect the public's interest. My bailiff, Rob Pacsi, and Tom and Peg Campbell are here from Cleveland, OH, Madelaine Fletcher of Baltimore, MD, Bob Fenton of Alexandria, VA, and Wendy Leatherberry of Washington, DC. All I can say is that I am pleased to be moving to a bench hope- fully that has the full facilities to offer these options. It is sort of as if trial has become to a client, as somebody has said, sort of like surgery would be to a patient. You participated in the Ohio Supreme Court and the Ohio Bar Association Task Force on Gender Fairness? We would provide funds for education and training programs for Federal judges and court personnel.

Constantine, Schenectady, NY, to be Administrator, U. Drug Enforcement Administration 688 Alphabetical List and Material Submitted Biden, Chairman Joseph R., Jr.: List of law enforcement organizations and former DEA Administrators supporting the nomination 692 Questions for Superintendent Thomas Constantine and his responses 747 Constantine, Thomas Arthur: Testimony 688 Questionnaire 716 Leahy, Hon. You note that she has a degree in psychology, which is a good background for our profession, as well as being on a court I think, from the University of Wisconsin, a masters in journalism from right here in Washington at American University, and a juris doc- torate from Louisiana. Chairman and members of the committee, I am pleased to join with Senator Breaux and Senator Johnston in his absence in support of these two outstanding candidates. The officer never offered such testimony, the trial judge never made such findings, the officer said he took out his shotgun because he was concerned about his safety. As society's attitudes change about certain mores and practices, the interpretation of those original words also change. And within that framework, which I consider to be a discipline, that I would reach a view in a case of first impression. Do social mores play any role in your interpreta- tion of a constitutional provision? Justice Holmes or one of his prede- cessors might have interpreted the specific language of the Con- stitution differently. Would you please raise your right hand: Do you swear that the testimony that you shall give in this proceeding shall be the truth, the whole truth, and nothing but the truth, so help you God? From your experience, what have you learned about the problems facing lawyers dealing with the issues that affect the mentally ill? Well, I think there are probably a couple of areas.

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Jack 685 Prepared statement 686 Testimony of Nominee Thomas A. I think that kind of spirit and af- fection and support for the democratic system is very, very impor- tant, and that is the kind of active Democrat that he has been. She is a person who is not only well read, but well traveled, having lived in several different areas of our country, and I think that is important, because it brings a great deal of knowledge about what this country is all about. Ohio, limiting the conditions under which a police officer may seize a citizen, that the subjective view of the officer and his concern for personal safety was a sufficient ground to uphold the seizure of a gun that was found in the car. And in my view, it was our obligation and that is why I wrote my opinion as I did. In other words, you were simply applying the doctrine of stare decisis, and that did not reflect your personal opinion in any way in terms of whether you felt the officer acted reasonably under the circumstances? The issue was did the officer have articulable suspicion that the passenger engaged in unusual conduct such that the officer could in his experience reasonably conclude that crimi- nal activity was afoot. The question I have is do you believe that the Constitution is in fact something that is subject to interpretation in a different time and a different era? And my opinions, I think if you look at them, reflect that where I am presented with a question of first impression, that I look to the language of whatever provision we are addressing, that I look to whatever debates are available, that I look to the interpretations by other Federal courts, that I look to the interpretations of other State courts, and it may be nec- essary, as well, to look at the interpretations suggested by com- mentators. As we have become more sophisticated, our interpretation of the Constitution has changed. Judge Ponsor has been nominated to be district judge for the District of Massachusetts. I will also be responsible for handling bankruptcy appeals, as a district court judge, which was not part of my work as a magistrate judge, and I think that is another area where I will be putting in some particularly hard work to get myself ready. Judge Ponsor, your response to the committee questionnaire indicates that throughout your career you have been committed to the rights of the mentally ill. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God? I am convinced that Ginger Berrigan will serve in the tradition of these outstanding jurists. Chairman, I have known Ginger Berrigan for quite a few years. In addition, case management, case tracking has been a part of the trial court and, indeed, of the appellate court as a way of mak- ing certain that the cases move according to schedule. I am wondering, not about your interpretation of their constitutionality, but your feeling about their effectiveness, as a judge. Well, as a judge, I have not been exposed to the Federal sentencing guidelines. Huntington Bank Corporation, and the quote was that it underscores the effec- tiveness of the D'Oench Duhme doctrine in collection actions by the Federal Deposit Insurance Corp. In other words only those agreements in writing as authorized by the board of directors of a particular bank will be regarded as being en- forceable. Also my brother and sister-in-law, Fred and Adrienne Brooks of The Plains, VA, and my cousins, Jim and George Anna Hilton of Salisbury, MD, are here with me. But it still preserves for peo- ple who feel that they need their day in court the opportunity to go forward. But it would always be optional with the litigants? But they are optional with the litigants, and I think many people take advantage of them. It was in re- sponse to a number of task force reports that we had on wide- spread gender bias in the courts, particularly in the case of rape and domestic violence.

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