Prepared Floor Statement of Senator Chuck Grassley
Ranking Member, Senate Committee on the Judiciary
James E. Shadid to be United States District Judge for the Central District of Illinois
Sue E. Myerscough to be United States District Judge for the Central District of Illinois
Anthony J. Battaglia to be United States District Judge for the Southern District of California
Monday, March 7, 2011
Mr. President:
Today we continue in our efforts to lessen the burden our overworked courts currently face. We are about to confirm three more judicial nominees. Two of the three nominees we will vote on tonight are for seats designated as judicial emergencies. With our action today, in only 22 days the Senate has been in session, the Senate has confirmed 10 nominees.
With these votes tonight, we will have confirmed 19 percent of President Obama’s judicial nominees submitted in this Congress. This pace far exceeds the progress made at this point in the 108th Congress, which was the beginning of the third year of President Bush’s presidency. At this point, the 108th Congress had confirmed only four of the 48 nominations sent to the Senate, about an 8 percent confirmation rate.
Our fast pace on the floor is matched by our rapid pace in committee. We held our third nominations hearing this past Wednesday. We have now heard from 13 judicial nominees and have reported 16 favorably. Our work in committee and on the floor indicates a cooperative effort between me, the Chairman of the Judiciary Committee and our leadership. It is an indication of the progress that can be made when the President nominates consensus nominees.
We will continue in our efforts, but again, I would remind everyone that while we in the Senate are doing our part, the Administration must also be engaged in this process. I would note that 24 of the 41 vacant seats deemed to be judicial emergencies have no nominee. Of the additional 54 vacancies, 28 have no nominee.
I am perplexed as to why the President would ignore these pending vacancies and instead spend time and resources to send up a nomination for a seat that will not be vacant for some time. I refer to the President’s nomination, on February 16, 2011, of Scott Skavdahl, to be United States District Judge for the District of Wyoming. This seat will not be vacant until July 24, 2011, when the current judge will retire. I do not understand the Administration’s priorities when it comes to judicial nominations. Instead of focusing on nominations for future vacancies, I would hope the Administration would use some common sense and direct its efforts towards nominating individuals for seats which are at least currently vacant.
With regard to the nominees on whom we will vote this evening, let me say a few words about each:
Judge Joseph Battaglia is nominated to be a United States District Judge for the Southern District of California. He presently serves in that District as a United States Magistrate Judge. He was first appoi nted to that position in 1993. In addition to serving as a Magistrate Judge, Judge Battaglia has served on the Judicial Conference of the United States Advisory Committee on Rules of Criminal Procedure, on the Ninth Circuit Executive Board of Magistrate Judges, and as a Magistrate Judge Observer on the Judicial Council of the Ninth Circuit. In 2009, Judge Battaglia was appointed by Chief Justice Roberts as Magistrate Judge Observer to the Judicial Conference of the United States.
Judge Battaglia received his B.A. from the United States International University and his J.D. from California Western School of Law. He spent almost two decades working in private practice, and also acted as an arbitrator for the San Diego Superior Court, serving on many panels. The American Bar Association Standing Committee on the Federal Judiciary unanimously rated him “Well-Qualified.”
This evening, we will also vote on two nominees to the Central District of Illinois. Both of these vacancies are considered to be judicial emergencies.
Judge James E. Shadid received his B.S. from Bradley University and his J.D. from the John Marshall Law School. Upon admission to the Illinois bar, Judge Shadid opened his own law practice. He maintained his law practice until 2001, when he was appointed by the Illinois Supreme Court to fill a vacancy on the Tenth Judicial Circuit. He was elected to a full term in 2002 and re-elected in 2008.
While in private practice, he served as a part-time public defender at the Peoria County Public Defender’s Office. He also served an Assistant Attorney General for the State of Illinois. He was appointed by Governor Jim Edgar to serve as a Commissioner of the Court of Claims in Illinois. The American Bar Association Standing Committee on the Federal Judiciary rated Judge Shadid as “Qualified” by a substantial majority, while a minority rated him “Well Qualified.”
Also nominated to a judicial emergency vacancy for the Central District of Illinois, is Judge Sue E. Myerscough. Judge Myerscough received her B.A. with honors, from Southern Illinois University, and her J.D. from Southern Illinois School of Law. Upon graduation from law school, she served as a law clerk to the Honorable Harold A. Baker of the United States District Court for the Central District of Illinois.
Judge Myerscough was in private practice for approximately six years before being elected as an Associate Circuit Court Judge for the Seventh Judicial Circuit of Illinois. Judge Myerscough later became a Circuit Judge for the Seventh Circuit. In 1998 she was elected as an Appellate Court Justice of the Illinois Appellate Court, Fourth District. The American Bar Association Standing Committee on the Federal Judiciary unanimously rated Judge Myerscough as “Qualified.”
I congratulate these three nominees and wish them well in their public service as a United States District Judge.
Thank you, Mr. President. I yield the floor.
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