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Testimony of

The Honorable Orrin Hatch

May 15, 2003


Statement of Chairman Orrin G. Hatch
Before the United States Senate Committee on the Judiciary
Executive Business Meeting
On the nomination of

MICHAEL CHERTOFF TO THE
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Let me say just a few words about Michael Chertoff, our Third Circuit nominee. I will keep my remarks brief because we all know Mr. Chertoff from the outstanding job he has done as Assistant Attorney General for the Criminal Division at the Department of Justice.

Mr. Chertoff graduated magna cum laude from Harvard Law School, then clerked for Second Circuit Judge Murray Gurfein and for Supreme Court Justice William J. Brennan, Jr. After a brief stint in private practice, he embarked on a nine-year tenure as a federal prosecutor, where he gained extensive experience prosecuting high-profile and complex cases involving organized crime, white collar crime, and political corruption. In 1994, he returned to the private sector, where he remained until joining the Justice Department in his present capacity in 2001. During his time in private practice, he won high marks from Democrats and Republicans alike for his pro bono service as counsel to the New Jersey state legislature during its investigation of racial profiling by the state police.

I, for one, know that the Justice Department will have enormous shoes to fill upon Mr. Chertoff's confirmation to the Third Circuit. He will be an excellent appellate judge, and I urge my colleagues to join me in supporting his nomination.

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Statement of Chairman Senator Orrin G. Hatch
Before the United States Senate Committee on the Judiciary
Executive Business Meeting

on

THE NEED FOR ADDITIONAL FEDERAL JUDGES IN
UTAH AND NEBRASKA

I have an amendment that I am offering to S. 878, which creates a new permanent judgeship in the District of Utah. Weighted filings per judge in the district have risen steadily since 1996, and sharply since 2002. This is in part attributable to a dramatic increase in criminal filings: The number of prosecutors in the U.S. Attorney's Office has more than doubled in the past decade, with similar growth in the FBI and DEA offices. In addition, the Federal Public Defender's Office has also grown considerably in size over the past two years. Civil filings have also increased since 1996. Given the rapid population growth in Utah, federal court filings can only be expected to increase further.

Although the Judicial Conference recommended a temporary judgeship for the District of Utah, it is noteworthy that this recommendation was at odds with the recommendation of the circuit council, which advocated a permanent judgeship for Utah. Moreover, the Judicial Conference made its recommendation without the benefit of the most recent quarterly statistics from the Administrative Office of the Court, which shows that filings in Utah have continued to rise. For these reasons, I am asking my colleagues to join me in supporting the creation of a permanent judgeship for the District of Utah.

In addition, my amendment converts a temporary judgeship in the District of Nebraska to a permanent judgeship. According to a letter the Committee received from Senator Hagel, the District of Nebraska has 543 weighted filings per judgeship. If Nebraska loses its temporary judgeship, which is slated to expire on November 20 of this year, its weighted filings per judge will rise dramatically to 724, placing it among the five most overworked districts in the country.

I urge my colleagues to join me in supporting the creation of these two vital judgeships.

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Statement of Chairman Orrin G. Hatch
Before the United States Senate Committee on the Judiciary
Executive Business Meeting
On the nomination of

L. SCOTT COOGLER TO BE UNITED STATES DISTRICT JUDGE
FOR THE NORTHERN DISTRICT OF ALABAMA


It is the pleasure of the Committee this morning to consider the nomination of Scott Coogler for a seat on the Northern District of Alabama bench. Judge Coogler graduated from the University of Alabama School of Law in 1984 in the top 15 percent of his class. After a clerkship with Alabama Circuit Judge Paul Conger, Judge Coogler established a successful private practice, handling a wide range of civil and criminal litigation cases. Since 1999, he has served on the Alabama Circuit Court, Sixth Judicial Circuit.

I am particularly impressed that he has shared his expertise by teaching law at his alma mater despite the demands of his judicial service. I applaud President Bush for his nomination of Judge Coogler, and urge my colleagues to join Senator Sessions and me in support of his nomination.


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