Thank you, Mr. President. I thank Senator Hatch. It is a pleasure to serve with my distinguished colleague from Mississippi who will be speaking later today. I say to Senator Hatch, thank you for your leadership, your sensitivity as…
Thank you, Mr. President. I thank Senator Hatch.
It is a pleasure to serve with my distinguished colleague from Mississippi who will be speaking later today.
I say to Senator Hatch, thank you for your leadership, your sensitivity as chairman of the Judiciary Committee, and for your specific help in the confirmation process of Judge Charles Pickering to be on the Fifth Circuit Court of Appeals.
I also want to express appreciation to Senator Frist, the leader, for giving us time in a very busy schedule to take up
this nomination. But it is time we go forward with a vote on the nomination of this good and honest and very capable Federal judge, Charles Pickering.
Mr. President, as I say, I rise today in strong support of Judge Charles Pickering's nomination to be a judge on the U.S. Court of Appeals for the Fifth Circuit. I am pleased that this day has finally come, and that after almost 2\1/2\ years of waiting, we are finally moving forward with the consideration of Judge Pickering's nomination here on the floor of the Senate. I am grateful to Senator Hatch for his hard work in leading the Judiciary Committee to its recent approval of Judge Pickering's nomination to the Fifth Circuit, and this important vote has led to our being able to begin debate on this outstanding nominee.
As many Senators will recall, Judge Pickering was unanimously approved by the Judiciary Committee in the fall of 1990 to be a United States District Court Judge for the Southern District of Mississippi. He was then unanimously confirmed by the full Senate. He has served honorably in this position for 13 years, and I am happy that the President has re-nominated Judge Pickering for a promotion to the Fifth Circuit after his nomination was blocked from consideration by the full Senate during the 107th Congress.
Charles Pickering and I have known each other for over 40 years, which doesn't seem possible, and I can personally attest that there is no other person in the State of Mississippi who is more eminently qualified to serve on the Fifth Circuit Court of Appeals.
Mr. President, Charles Pickering graduated first in his class from the University of Mississippi Law School in 1961, and received his B.A. degree from Ole Miss with honors in 1959. He practiced law for almost 30 years in Jones County, Mississippi, and during this time served stints as the prosecuting attorney for Jones County and the City of Laurel during the 1960's. From 1972 to 1980, Charles served in the Mississippi State Senate. This was a part-time position, with full-time demands I might add, that allowed him to continue his law practice during this period.
Judge Pickering has had an impeccable reputation on the bench in Mississippi, and he is respected by all sectors of the Mississippi and national legal community. Scores of attorneys, community leaders, and other Mississippians from all walks of life have applauded his nomination to the Fifth Circuit. What a compliment to Judge Pickering, Mr. President, for him to have the support of those who know him best-- the people he works with in his professional life and spends time with in his personal endeavors. It is no surprise that the ABA's Standing Committee on the Federal Judiciary found him ``Well-Qualified'' for appointment as a Fifth Circuit judge.
Furthermore, he is highly respected within the federal judiciary. He served on the Board of Directors of the Federal Judges Association from 1997 until 2001, and was a member of the Executive Committee for the final 2 years of his term. He recently completed a term of service on the Judicial Branch Committee of the Judicial Conference of the United States.
Judge Pickering has been involved in numerous community and public service endeavors. He has headed the March of Dimes campaign in Jones County, Mississippi, and served as Chairman of the Jones County Chapter of the American National Red Cross. He was also a major participant in the formation of the Jones County Economic Development Authority, serving as its first chairman.
Charles Pickering has been a leader in his community and in the state on race relations, and in standing up for what is right. In 1967, at the risk of harm to himself and his family, he testified against the Imperial Wizard of the KKK, Sam Bowers, for the fire-bombing death of civil rights activist Vernon Dahmer. He was active in his community's efforts to integrate their public schools, sending all four of his children to the integrated schools. In 1981, Charles Pickering represented an African American man falsely accused of robbing a white teen-aged girl. Although his decision to provide this legal representation was not supported by some in his community, he aggressively represented his client, who was found not guilty. He was a motivating force behind and currently serves on the Board of Directors of the William Winter Institute for Racial Reconciliation at the University of Mississippi, our mutual alma mater.
He has also volunteered for the Jones County Heart Fund, the Jones County Drug Education Council, and the Economic Development Authority of Jones County. He has always been very active in his church, serving as a Sunday school teacher, Chairman of the Deacons, Sunday school superintendent, and church treasurer. From 1983-85, he was the President of the Mississippi Baptist Convention.
In addition to his many professional and civic activities, Charles Pickering has also been a good farmer. He was the first president of the National Catfish Farmers Association and was a leader in catfish farming during its early days. Most importantly, though, is the fact that Charles has always put his family first, even with the commitments I have just described. He has a wonderful wife and four grown children with spouses and families of their own, including his son, Congressman Chip Pickering, who is a former member of my staff. Representative Pickering's integrity is a further testament to the caliber of Judge Charles Pickering's character.
Mr. President, I am pleased that the Senate is considering this important nomination today, because the Senate needs to act now to confirm Judge Pickering. He is exceptionally well-qualified for elevation to the Fifth Circuit, and I strongly endorse his nomination. He has been waiting far, far too long for a debate and vote on his nomination. I urge my colleagues to support moving forward with an up- or-down vote on this important nomination. I know that Judge Pickering's elevation to the Fifth Circuit is supported by a majority of Senators, and it is time for this majority to be heard.
As I said, he has been waiting 2\1/2\ years in this process. Unfortunately, last year he was defeated on a party-line vote and prevented from being reported out of the Judiciary Committee. But this year he was reported to the floor. He deserves to have his story told, and even a vote to occur on his nomination.
I have known this man and his family and his neighbors, the people in his church, the school officials, the minority leaders in his community for over 40 years.
I think there used to be a time when a Senator vouched for a person, a nominee from his State, and it carried real weight. I am here to tell you, this is one of the finest men, one of the finest family men, one of the smartest individuals, one of the best judges I have known in my life. There is no question that he has the educational background, the qualifications, the experience, the judicial demeanor, and also the leadership to bring about unity, not division.
That has been the story of his life. He has always been a unifier. He has always been willing to step up and take on the tough battles in his home county and in our State of Mississippi.
Senator Hatch made reference to the fact that when he was county attorney, years ago, in the late 1960s he had the courage to actually work with the FBI and to testify against the Imperial Wizard of the Ku Klux Klan, something not very healthy for your political career or even your life at the time. But he took a stand and was defeated for reelection, to a large degree because of that.
He continued to work in his community and provide leadership. He practiced law for 30 years. If you want to look at his qualifications, here they are listed. He was not just an average student. He graduated first in his class from law school. He graduated from undergraduate school with honors. He has the highest rating by Martindale Hubbell. In 1990, he was unanimously confirmed by the Senate to be a district judge. He has been very good in his rulings. In fact, of those that were appealed, the reversal rate is only 7.9 percent, which is extraordinarily good. He received from the American Bar Association-- not once but twice--their highest rating of well qualified. They looked into allegations that were made against him after his first consideration by the committee and came back and said: He is still well qualified--not a group known for dismissing allegations or charges that were made against him.
He certainly has the qualifications and the experience. In his community, he is endorsed by Democrats and Republicans, elected officials of both parties, the head of the local NAACP. The people who know him best, who know his family, who see him every day, say this is a good man, qualified to be on the Fifth Circuit Court of Appeals.
He has served on the Federal bench for 13 years. He is highly respected within the Federal judiciary. In fact, he has served in a leadership capacity there. He has been on the board of directors of the Federal Judges Association from 1997 to 2001, and he was on the executive committee for the final 2 years of his term. He recently completed a term of service on the Judicial Branch Committee of the Judicial Conference. He is respected by his fellow judges.
I know some of the Senators on both sides of the aisle have had Federal judges in their States also vouch for this good man to be on the Fifth Circuit Court of Appeals.
He has had letters of endorsement from a wide span of community leaders and State leaders in our State, including all five statewide elected Democrats.
I ask unanimous consent that letter be printed in the Record.
I have other letters of endorsement and articles supporting Judge Charles Pickering, and I ask unanimous consent that they be printed in the Record.
One of the criticisms was, well, the Judge was the intermediary in sending some of the letters of support. I am not going to belabor the point, but as a matter of fact, I have the list of who these people were. They were people he had known for 30 years, former college friends, law school friends, people he practiced law with. It was in the aftermath of the anthrax attack here on the Capitol. The only way he could make sure the letters got to the Judiciary Committee in a timely way was to send them himself. The allegation that there was something inappropriate about that is totally baseless, and it is just the type of thing that has been used against him.
Another allegation is that when he was a State senator he had some relationship with what was then known as the Sovereignty Commission. When he went into the Senate, I think when he was first sworn in, representatives from that organization said they had some concerns about Klan activity with regard to labor unions down in his home county.
He said: Keep me posted.
Seldom do they note the fact that he subsequently voted to abolish the Sovereignty Commission; again, a very frivolous charge. To have your name mentioned 30 years later in a report, that they had some happenstance contact with him, certainly should not be disqualifying.
From all walks of life in Mississippi, people are very much in support of this nomination. He hasn't just been a lawyer and a judge and family man. He has been involved. He helped bring his hometown school through integration. His kids went to the public schools. The first time I saw his son--now a Congressman--Chip Pickering, he was playing linebacker for the football team for the Laurel Tornadoes, R. H. Watkins Laurel High School. He was a great athlete on a team that was probably 80 percent African American. They have always been willing to take a stand.
He was head of the local March of Dimes. He headed the local Red Cross. He has been involved in economic development. He has been involved in the Heart Fund, the Drug Education Council, Sunday school teacher, chairman of the deacons, church treasurer, president of the Mississippi Baptist Convention. Some people look at that almost like it is an indictment. It is a great honor for the people of your faith to honor you to head their organization statewide.
He has even been a farmer and was the first president of the National Catfish Farmers Association. I had contact with him then.
President Reagan once wrote in a note where there was a picture of a mother and her son: The apple never falls too far from the tree. The point was, if the child is really an outstanding person, he probably came from a very strong and good tree. True. In this case, there is not a finer young man I know of than Congressman Chip Pickering who has labored valiantly to tell the truth about his dad. If you want to get emotional, watch a son work for his father. I think the kind of man Chip Pickering is tells you a lot about the father who brought him into the world, along with his mother.
This certainly is an outstanding individual. He had his reputation besmirched a couple of years ago. He has been willing to continue to stand and fight to have the record corrected and to see this through to a conclusion. I hope the Senate will not filibuster this judge. At least give him a direct vote. Or if we have to have a vote on cloture, vote to invoke cloture, and let's move this nomination forward.
There is a real fester developing here in this institution, institutionally and individually. We have to lance it or it is going to demean us as individuals and the institution. We have to stop it. This is the place to do it. This man should be confirmed for the Fifth Circuit Court of Appeals.