LIT COMMENTARY
This is LIT’s scrapbook on Houston lawyer Tanyel Harrison-Bennett’s emerging real estate portfolio and real estate connections.
Why is Harris County Records Incomplete on Certain Properties?
That’s the question we ask after publishin’ two articles on the Bennett’s property and business interests.
The issue with judges’ financial interests will continue. The Justice Thomas and Harlan Crow publicity added some much needed focus to our own ‘crusade’, but LIT knows that until there is truly accountability and independent oversight of the outlaws called judges and the way the legal profession acts like a secret society akin to the masonic lodge or the knights, the ochlocracy will continue.
LIT maintains your freedom and liberty is worth fighting for via our online legal blogs and publishing portals which create friction, raise questions and ask concerned citizens to tell their story.
We’re sure pleased to have y’all around sharing, subscribin’ and supporting LIT.
Chane Investment Holdings, LP
Chane Investment Holdings, LP (Vol Dissolved in 2018)
Chane Investment Management LLC
Chane Investment Management LLC (Vol Dissolved in 2018)
After Leavin’ BP, The Chane Reaction is Quick by Tanyel Harrison-Bennett
The Bennetts’
The Bennett’s Book of Properties and Connections related to Chane regarding the Sale of Apts at Blair Street.
Who’s Livin’ at
Desc: MEYERLAND, Sec: 05, Lot: L0008, Block: B0036?
According to HCAD -SAMERI HAMID with an address of 368 ROBBINS DR, HOUSTON TX 77024-7421
– but all the realtor pages show he sold the residential home, commonly known as 4931 Braesvalley Dr., Houston 77096 in 2019, so LIT went diggin’
Charee "Toni" Harrison
Two home addresses, the original being 4018 Breakwood Dr, so which home is Toni’s homestead?
And, as you’ll note, the LLC’s by Tanyel Harrison-Bennett are using the 4931 Braesvalley Dr address in LLC filings as her address.
Judge Al ‘Bent’ Bennett
Relevant page (3.) disclosing personal interests and affiliations
The United States Department of Justice, also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States.
The Federal Communications Commission is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States
[Senate Hearing 114-699, Part 1] [From the U.S. Government Publishing Office] S. Hrg. 114-699, Part 1 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS ======================================================================= HEARINGS BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION __________ JANUARY 21, MARCH 11, and MAY 6, 2015 __________ Serial No. J-114-1 __________ PART 1 __________ Printed for the use of the Committee on the Judiciary __________ U.S. GOVERNMENT PUBLISHING OFFICE 27-131 PDF WASHINGTON : 2021 -------------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY CHARLES E. GRASSLEY, Iowa, Chairman ORRIN G. HATCH, Utah PATRICK J. LEAHY, Vermont, JEFF SESSIONS, Alabama Ranking Member LINDSEY O. GRAHAM, South Carolina DIANNE FEINSTEIN, California JOHN CORNYN, Texas CHARLES E. SCHUMER, New York MICHAEL S. LEE, Utah RICHARD J. DURBIN, Illinois TED CRUZ, Texas SHELDON WHITEHOUSE, Rhode Island JEFF FLAKE, Arizona AMY KLOBUCHAR, Minnesota DAVID VITTER, Louisiana AL FRANKEN, Minnesota DAVID PERDUE, Georgia CHRISTOPHER A. COONS, Delaware THOM TILLIS, North Carolina RICHARD BLUMENTHAL, Connecticut Kolan L. Davis, Chief Counsel and Staff Director Kristine Lucius, Democratic Chief Counsel and Staff Director C O N T E N T S ---------- JANUARY 21, 2015, 2:37 P.M. STATEMENTS OF COMMITTEE MEMBERS Page Coons, Hon. Christopher A., a U.S. Senator from the State of Delaware....................................................... 3 Cornyn, Hon. John, a U.S. Senator from the State of Texas, opening statement............................................ 1 introductions of Hon. Alfred H. Bennett, Nominee to be a U.S. District Judge for the Southern District of Texas; Hon. George C. Hanks, Jr., Nominee to be a U.S. District Judge for the Southern District of Texas; and Hon. Jose Rolando Olvera, Jr., Nominee to be a U.S. District Judge for the Southern District of Texas................................. 17 Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah, introducing Hon. Jill N. Parrish, Nominee to be a U.S. District Judge for the District of Utah................................. 18 Leahy, Hon. Patrick J. Leahy, a U.S. Senator from the State of Vermont, prepared statement........................................... 286 Lee, Hon. Michael S., a U.S. Senator from the State of Utah, introducing Hon. Jill N. Parrish, Nominee to be a U.S. District Judge for the District of Utah................................. 19 STATEMENTS OF THE NOMINEES Witness List..................................................... 33 Bennett, Hon. Alfred H., Nominee to be a U.S. District Judge for the Southern District of Texas................................. 20 questionnaire and biographical information................... 38 Hanks, Hon. George C., Jr., Nominee to be a U.S. District Judge for the Southern District of Texas............................. 21 questionnaire and biographical information................... 104 Lee, Michelle K., Nominee to be Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office............................................... 5 prepared statement........................................... 34 Marti, Daniel Henry, Nominee to be Intellectual Property Enforcement Coordinator, Executive Office of the President..... 7 prepared statement........................................... 36 Olvera, Hon. Jose Rolando, Jr., Nominee to be a U.S. District Judge for the Southern District of Texas....................... 22 questionnaire and biographical information................... 170 Parrish, Hon. Jill N., Nominee to be a U.S. District Judge for the District of Utah........................................... 23 questionnaire and biographical information................... 223 QUESTIONS Questions submitted to Hon. Alfred H. Bennett by: Senator Cruz................................................. 288 Senator Grassley............................................. 291 Questions submitted to Hon. George C. Hanks, Jr., by: Senator Cruz................................................. 288 Senator Grassley............................................. 293 Questions submitted to Michelle K. Lee by: Senator Graham............................................... 290 Senator Grassley............................................. 295 Senator Hatch................................................ 301 Senator Vitter............................................... 303 Questions submitted to Daniel Henry Marti by: Senator Grassley............................................. 296 Senator Vitter............................................... 306 Questions submitted to Hon. Jose Rolando Olvera, Jr., by: Senator Cruz................................................. 288 Senator Grassley............................................. 297 Questions submitted to Hon. Jill N. Parrish by: Senator Cruz................................................. 288 Senator Grassley............................................. 299 ANSWERS Responses of Hon. Alfred H. Bennett to questions submitted by: Senator Cruz................................................. 307 Senator Grassley............................................. 312 Responses of Hon. George C. Hanks, Jr., to questions submitted by: Senator Cruz................................................. 317 Senator Grassley............................................. 324 Responses of Michelle K. Lee to questions submitted by: Senator Graham............................................... 335 Senator Grassley............................................. 329 Senator Hatch................................................ 332 Senator Vitter............................................... 338 Responses of Daniel Henry Marti to questions submitted by: Senator Grassley............................................. 345 Senator Vitter............................................... 347 Responses of Hon. Jose Rolando Olvera, Jr., to questions submitted by: Senator Cruz................................................. 349 Senator Grassley............................................. 354 Responses of Hon. Jill N. Parrish to questions submitted by: Senator Cruz................................................. 358 Senator Grassley............................................. 365 LETTERS RECEIVED WITH REGARD TO MICHELLE K. LEE Application Developers Alliance, Washington, DC, December 5, 2014 369 Davies, Susan M., et al., counsel, academics, and executives representing american innovators, November 14, 2014............ 370 Honda, Hon. Michael M., a Representative in Congress from the State of California, January 26, 2015.......................... 377 Imada, Bill, Founder and Chairman, IW Group, Los Angeles, California, and Former Chairman, Asian/Pacific Islander American Chamber of Commerce and Entrepreneurship (ACE), Washington, DC, December 1, 2014............................... 379 International Trademark Association (INTA), New York, New York, November 5, 2014............................................... 381 National Asian Pacific American Bar Association (NAPABA), Washington, DC, December 1, 2014............................... 382 Samuels, Julie P., Executive Director, Engine, Washington, DC, and San Francisco, California, October 28, 2014................ 386 Takayasu, Sach, President and Chief Executive Officer, Asian/ Pacific Islander American Chamber of Commerce and Entrepreneurship (ACE), Washington, DC, December 1, 2014....... 387 LETTERS RECEIVED WITH REGARD TO DANIEL HENRY MARTI American Intellectual Property Law Association (AIPLA), Arlington, Virginia, November 10, 2014......................... 389 Copyright Alliance, Washington, DC, November 14, 2014............ 390 CreativeFuture, Los Angeles, California, November 20, 2014....... 392 Entertainment Software Association (ESA), Washington, DC, December 9, 2014............................................... 393 Hispanic Bar Association of the District of Columbia (HBA-DC), Washington, DC, November 10, 2014.............................. 394 International AntiCounterfeiting Coalition (IACC), Washington, DC, January 8, 2015............................................ 396 International Trademark Association (INTA), New York, New York, November 5, 2014............................................... 397 Motion Picture Association of America, Washington, DC, November 7, 2014........................................................ 398 National Music Publishers' Association (NMPA), Washington, DC, October 31, 2014............................................... 399 United States Chamber of Commerce, Washington, DC, December 9, 2014........................................................... 400 MISCELLANEOUS SUBMISSION FOR THE RECORD Abcam, Cambridge, Massachusetts, et al., coalition of American innovators, letter to Hon. Bob Goodlatte, a Representative in Congress from the State of Virginia, and Chairman, U.S. House of Representatives Committee on the Judiciary; Hon. Charles E. Grassley, a U.S. Senator from the State of Iowa, and Chairman, U.S. Senate Committee on the Judiciary; Hon. John Conyers, Jr., a Representative in Congress from the State of Michigan, and Ranking Member, U.S. House of Representatives Committee on the Judiciary; and Hon. Patrick J. Leahy, a U.S. Senator from the State of Vermont, and Ranking Member, U.S. Senate Committee on the Judiciary; January 21, 2015................................ 401 C O N T E N T S ---------- MARCH 11, 2015, 10:04 A.M. STATEMENTS OF COMMITTEE MEMBER Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa. 424 prepared statement........................................... 515 INTRODUCERS Blunt, Hon. Roy, a U.S. Senator from the State of Missouri, introducing Roseann A. Ketchmark, Nominee to be a U.S. District Judge for the Western District of Missouri..................... 421 McCaskill, Hon. Claire, a U.S. Senator from the State of Missouri, introducing Roseann A. Ketchmark, Nominee to be a U.S. District Judge for the Western District of Missouri....... 422 STATEMENTS OF THE NOMINEES Witness List..................................................... 433 Ketchmark, Roseann A., Nominee to be a U.S. District Judge for the Western District of Missouri............................... 425 questionnaire and biographical information................... 434 Stoll, Kara, Nominee to be a U.S. Circuit Judge for the Federal Circuit........................................................ 424 questionnaire and biographical information................... 474 QUESTIONS Questions submitted to Roseann A. Ketchmark by: Senator Cruz................................................. 516 Senator Grassley............................................. 518 Senator Vitter............................................... 523 Questions submitted to Kara Stoll by: Senator Cruz................................................. 516 Senator Grassley............................................. 520 Senator Vitter............................................... 523 ANSWERS Responses of Roseann A. Ketchmark to questions submitted by: Senator Cruz................................................. 524 Senator Grassley............................................. 529 Senator Vitter............................................... 535 Responses of Kara Stoll to questions submitted by: Senator Cruz................................................. 538 Senator Grassley............................................. 545 Senator Vitter............................................... 551 C O N T E N T S ---------- MAY 6, 2015, 2:18 P.M. STATEMENTS OF COMMITTEE MEMBERS Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa, prepared statement........................................... 763 Schumer, Hon. Charles E., a U.S. Senator from the State of New York, introducing Lawrence J. Vilardo, Nominee to be a U.S. District Judge for the Western District of New York, and Hon. Ann Donnelly, Nominee to be a U.S. District Judge for the Eastern District of New York................................... 557 Tillis, Hon. Thom, a U.S. Senator from the State of North Carolina....................................................... 555 INTRODUCERS Boxer, Hon. Barbara, a U.S. Senator from the State of California, introducing Hon. Dale A. Drozd, Nominee to be a U.S. District Judge for the Eastern District of California................... 556 Gillibrand, Hon. Kirsten E., a U.S. Senator from the State of New York, introducing LaShann DeArcy Hall, Nominee to be a U.S. District Judge for the Eastern District of New York............ 560 STATEMENTS OF THE NOMINEES Witness List..................................................... 573 Donnelly, Hon. Ann, Nominee to be a U.S. District Judge for the Eastern District of New York................................... 562 questionnaire and biographical information................... 574 Drozd, Hon. Dale A., Nominee to be a U.S. District Judge for the Eastern District of California................................. 561 questionnaire and biographical information................... 610 Hall, LaShann DeArcy, Nominee to be a U.S. District Judge for the Eastern District of New York................................... 564 questionnaire and biographical information................... 689 Vilardo, Lawrence J., Nominee to be a U.S. District Judge for the Western District of New York................................... 563 questionnaire and biographical information................... 716 QUESTIONS Questions submitted to Hon. Ann Donnelly by: Senator Grassley............................................. 765 Senator Vitter............................................... 774 Questions submitted to Hon. Dale A. Drozd by: Senator Grassley............................................. 767 Senator Vitter............................................... 775 Questions submitted to LaShann DeArcy Hall by: Senator Grassley............................................. 770 Senator Vitter............................................... 774 Questions submitted to Lawrence J. Vilardo by: Senator Grassley............................................. 772 Senator Vitter............................................... 774 ANSWERS Responses of Hon. Ann Donnelly to questions submitted by: Senator Grassley............................................. 777 Senator Vitter............................................... 782 Responses of Hon. Dale A. Drozd to questions submitted by: Senator Grassley............................................. 785 Senator Vitter............................................... 791 Responses of LaShann DeArcy Hall to questions submitted by: Senator Grassley............................................. 796 Senator Vitter............................................... 801 Responses of Lawrence J. Vilardo to questions submitted by: Senator Grassley............................................. 804 Senator Vitter............................................... 810 ALPHABETICAL LIST OF NOMINEES Bennett, Hon. Alfred H., Nominee to be a U.S. District Judge for the Southern District of Texas................................. 20 questionnaire and biographical information................... 38 Donnelly, Hon. Ann, Nominee to be a U.S. District Judge for the Eastern District of New York................................... 562 questionnaire and biographical information................... 574 Drozd, Hon. Dale A., Nominee to be a U.S. District Judge for the Eastern District of California................................. 561 questionnaire and biographical information................... 610 Hall, LaShann DeArcy, Nominee to be a U.S. District Judge for the Eastern District of New York................................... 564 questionnaire and biographical information................... 689 Hanks, Hon. George C., Jr., Nominee to be a U.S. District Judge for the Southern District of Texas............................. 21 questionnaire and biographical information................... 104 Ketchmark, Roseann A., Nominee to be a U.S. District Judge for the Western District of Missouri............................... 425 questionnaire and biographical information................... 434 Lee, Michelle K., Nominee to be Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office............................................... 5 prepared statement........................................... 34 Marti, Daniel Henry, Nominee to be Intellectual Property Enforcement Coordinator, Executive Office of the President..... 7 prepared statement........................................... 36 Olvera, Hon. Jose Rolando, Jr., Nominee to be a U.S. District Judge for the Southern District of Texas....................... 22 questionnaire and biographical information................... 170 Parrish, Hon. Jill N., Nominee to be a U.S. District Judge for the District of Utah........................................... 23 questionnaire and biographical information................... 223 Stoll, Kara, Nominee to be a U.S. Circuit Judge for the Federal Circuit........................................................ 424 questionnaire and biographical information................... 474 Vilardo, Lawrence J., Nominee to be a U.S. District Judge for the Western District of New York................................... 563 questionnaire and biographical information................... 716 NOMINATIONS OF MICHELLE K. LEE, NOMINEE TO BE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE; DANIEL HENRY MARTI, NOMINEE TO BE INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR, EXECUTIVE OFFICE OF THE PRESIDENT; HON. ALFRED H. BENNETT, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; HON. GEORGE C. HANKS, JR., NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; HON. JOSE ROLANDO OLVERA, JR., NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; AND HON. JILL N. PARRISH, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE DISTRICT OF UTAH ---------- WEDNESDAY, JANUARY 21, 2015 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 2:37 p.m., in Room SD-226, Dirksen Senate Office Building, Hon. John Cornyn presiding. Present: Senators Cornyn, Hatch, Lee, Cruz, Perdue, Tillis, Franken, and Coons. OPENING STATEMENT OF HON. JOHN CORNYN, A U.S. SENATOR FROM THE STATE OF TEXAS Senator Cornyn. The Senate Judiciary Committee will be convened. I apologize for the short delay. We've got a lot going on, believe it or not, in other parts of the buildings here. This is the first hearing of the Senate Judicial Committee in the 114th Congress and I want to express my gratitude to Chairman Grassley for allowing me to preside today. We'll hear from six nominees today, two to the executive branch and four to the Federal judiciary. Three of the judicial nominees are to fill vacancies in Texas, which may bear some coincidental relationship to the fact that I'm presiding today. Congratulations to all of the nominees and to your families and friends. I know you've traveled a long way to be here today. I first want to introduce two highly qualified executive branch nominees: Michelle Lee, nominated to be the Under Secretary of Commerce and Director of the Patent and Trademark Office position, and Daniel Marti, nominated to be the Intellectual Property Enforcement Coordinator, or IPEC. Intellectual property, of course, is a critical part of our national economy, helping to encourage innovation that improves lives and helps create jobs. My State is proud of its role as a national hub of creativity and innovation, from NASA in Houston, to the thriving, creative hub in Austin, Texas. Innovation is driving wages, jobs and quality of life, not just in my State but all across this country. According to Forbes, in 2014, Texas added tech jobs faster than any other State in the Nation. From start-ups in Austin, to universities in Dallas, to hospitals in Houston, Texans are leading the way, we'd like to think, in intellectual property. The Government has a critical role to play, of course, in fostering innovation and protecting intellectual property rights, including granting patents and enforcing our laws here and abroad. The President, as I said, has nominated two outstanding candidates, and I look forward to hearing them discuss how they plan to fulfill their missions. Ms. Lee, the nominee to run the PTO, is currently its Deputy Director. Prior to that service she was the first director of the Silicon Valley Office. She also served on PTO's Patent Public Advisory Committee. During her time in private practice, Ms. Lee was the deputy general counsel and head of Patents and Patent Strategy at Google. Before that, she was a partner at Fenwick & West, a Silicon Valley law firm. She holds advanced degrees in electrical engineering and computer science from MIT, and a JD from Stanford Law School. Thomas Jefferson served as one of the Government officials first charged with granting patents. As PTO Director, Ms. Lee has large shoes to fill and a long and storied history for that position. Not only will she run a large and expanding agency with thousands of employees and offices opening around the country, she will continue to implement the 2011 America Invents Act. She has told me she will also help tackle some of the threats facing our current patent system, in particular abuses that have become all too common in patent litigation. Abusive patent litigation hampers innovation and harms the economy. I've worked for the better part of 2 years, as have many Members of this panel, on this critical issue. I look forward to moving legislation early this year under the leadership of our new Chairman, Chairman Grassley. Mr. Marti is nominated to be the Intellectual Property Enforcement Coordinator, a position created by Congress in 2008. The IPEC coordinates intellectual property enforcement across the U.S. Government, also working with other countries and the private sector. They address complex problems such as online IP theft. Well over a year ago, both Democrats and Republicans urged President Obama to fill this position, which has been vacant for more than a year. Mr. Marti is the managing partner at the DC office of Kilpatrick, Townsend & Stockton, where he focuses on intellectual property matters. Among his many honors, Mr. Marti was recognized as a super lawyer for intellectual property in Washington, DC in 2013 and 2014. He earned his bachelor's degree at Georgetown University and his JD at Emory University School of Law. Let me congratulate both Ms. Lee and Mr. Marti on your nominations. You both have, as I said, very strong qualifications and years of impressive experience. In December, Chairman Grassley put the nominees, the Members of this Committee, and the public on notice that there would be a second hearing so it would allow new Members a meaningful opportunity to hear both of these nominees. I see we are joined by at least two of those new Members, Senator Perdue and Senator Tillis. I think it's important, and agree with Senator Grassley, that it was important to give these new Members a chance to participate in this important nomination process. Let me ask both of the witnesses, please, to stand and be sworn at this time. If you'll raise your right hand. [Witnesses are sworn in.] Senator Cornyn. Thank you. Please have a seat. I would invite both of you, perhaps starting with Ms. Lee, to introduce your family and any guests that you'd like to introduce to the Committee, and then to make an opening statement. So first, Ms. Lee, and then Mr. Marti. Ms. Lee. Thank you, Mr. Chairman. I have the honor to introduce to the Committee my husband, Christopher Shen, and our 4-year-old daughter, Amanda Mavis. Mr. Marti. Thank you, Senator Cornyn. I also have the honor to introduce my wife, Lauren, who's sitting behind me. When we were here on December 10th, I had a large group of family members, including a six- and nine-year-old join us. They asked to go to school today instead. [Laughter.] Senator Cornyn. I'm sure it's second only to going to the dentist to have a root canal, coming to the Judiciary Committee for another hearing. Forgive me. I wanted to turn to Senator Coons, the Ranking Member on the Committee for purposes of this hearing, before we'll turn it to both of you for your opening statements. OPENING STATEMENT OF HON. CHRISTOPHER A. COONS, A U.S. SENATOR FROM THE STATE OF DELAWARE Senator Coons. Thank you, Senator Cornyn. Thank you for chairing this hearing, and thank you to both of our highly qualified nominees for coming again before this Committee so that new Members of the Committee can also engage in a robust discussion with you about the roles to which you've been nominated and the importance of intellectual property. The right of inventors to profit from their inventions has been a bedrock principle of this country and has succeeded, perhaps beyond the wildest dreams of our Founding Fathers. What innovators are doing today with their inventions and ideas in this Nation, backed by a strong core of IP protections, is unmatched in the world. From lifesaving cures, to new materials, to solutions to problems, to creative works, it is unmatched. We also cannot take it for granted. In 2010, IP-intensive industries generated 27 million jobs, with another 13 million indirectly related. Combined, we're talking about 40 percent of the American economy. On average, IP-intensive companies pay 30 percent more than other private-sector companies. IP is important to our economy. As important as they are, though, they are vitally important to the small inventor. Whether they're a garage inventor, an aspiring new creator or entrepreneur who's found a secret sauce, these are the people, the men and women of small business across America, who will create the next generation of products, of foods, of services that we will love or the medicines we need to live. There's a popular show that I watch with my kids called ``Shark Tank''--it might be known to some of you--where hopeful entrepreneurs pitch their products and services to these so- called sharks, the investors, who ask great and focused questions. More often than not, they ask a decisive question: How are you going to make it in a market with so many other big competitors who can crush you like a bug or steal your idea? And when the inventor proudly boasts, I have a patent, it tends to make all the difference. According to a Department of Commerce 2010 report, three-fourths of start-up managers who are venture capitalists consider patents when making investment and funding decisions. My point is simply this: If we fail to uphold and strengthen our strong tradition of IP protection in this country, the benefits of American ingenuity will flow out of this country and to our competitors. So to those who say that we have too many abuses and we need to make fundamental changes to our patent system, I agree, we need to find a way, working together, to clamp down on abuses. But I also urge a little caution as we consider any changes. There is always a momentary benefit to opening up and making free to the world things previously protected, but there can be long-term costs as well. Proposals to dramatically constrain the rights of patentees to enforce their patents also ignore the fact that the patent system these two nominees will be entrusted to administer and coordinator enforcement for has already greatly changed from the system just 4 years ago. In the past year, the district courts, the Federal circuit, and the Supreme Court have all responded to the call for more efficient resolution of patent cases. I am greatly appreciative of hours dedicated to a patent study group created by two esteemed members of the Delaware bench, Judge Stark and Judge Robinson, who hear a tremendous number of patent cases. Following meetings with representatives across the patent community, they've issued new case management guidelines, reducing costs and improving speed. The Supreme Court's decisions in Alice and Octane Fitness have already had a dramatic impact, a 40 percent reduction in patent filings in the year from September 2013 to 2014. At the same time, the impact of the Leahy-Smith America Invents Act is just beginning to register. Inter partes review has been granted in over 70 percent of cases, resulting in expedited decisions. Last, we will soon learn the impact of the covered business method program, which may also provide some helpful insight in a path forward. I would like at this time, if I might, to ask consent to introduce into the record Senator Leahy's opening statement and a letter from a broad coalition of American innovators and companies making just this point. Senator Cornyn. Without objection. [The prepared statement of Senator Leahy appears as a submission for the record.] [The information appears as a submission for the record.] Senator Coons. I'd like to close by applauding the Federal Trade Commission for their great work and saying that I think we can find ways to work together to fully fund the PTO, to protect trade secrets, and to move forward on patent reform in ways that do not harm or undermine the system. Thank you, Senator Cornyn. Senator Cornyn. Thank you, Senator Coons. Without objection, the statement of Senator Grassley, the Chairman, will be made part of the record as well. Senator Cornyn. Ms. Lee, we'll turn to you for any opening remarks you'd care to make. STATEMENT OF MICHELLE K. LEE, NOMINEE TO BE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE Ms. Lee. Thank you, Mr. Chairman. Mr. Chairman and Members of the Committee, it is an honor to be before you today. I'm grateful to President Obama for nominating me for this important position and to Secretary Pritzker for her ongoing support, past and present. With me here today are my husband, Christopher Shen, and Amanda Mavis, our 4-year-old daughter. I was born and raised in the Silicon Valley, the daughter of an immigrant family that settled in a place that turned out to be one of the most innovative regions in the country, if not the world. My father was an electrical engineer. We spent our weekends tinkering and working together to build or fix things like the Heath kit hand-held radio. In fact, all the dads on the street that I grew up on were engineers, innovators in the truest sense of the word. It was not uncommon for them to work for companies founded by a person with a clever idea who patented the invention, who then obtained venture capital funding to build a company to bring that technology to the marketplace. Some of the companies succeeded and some did not, but for those that did they created high-paying jobs for families like mine, and in some cases new products and services that revolutionized the world and the way in which we live. Seeing this process up close and personal left a lasting impression on me while I was growing up. I wanted to contribute and to enable others to contribute to innovation. It is why I studied electrical engineering and computer science, and later intellectual property law, with the goal of representing innovative companies. While working at MIT's Artificial Intelligence Laboratory and HP's research laboratory as a computer programmer, I witnessed innovation at its inception. It was an exciting experience I'll never forget and one that still informs my work to this day. Later as an attorney, I worked on patents and patent strategy for a then-small company that grew into a Fortune 500 corporation in the span of eight short years. Along the way, we built the company's patent portfolio from a few handfuls of U.S. patents to over 10,500 patents worldwide, and in the process I became acquainted with the many important services provided by the U.S. Patent and Trademark Office. Through my experiences as in-house corporate counsel, and before that as a partner at a Silicon Valley law firm, I represented a wide range of innovators, from independent inventors to Fortune 500 companies. I came to understand and practiced many areas of intellectual property law and almost every aspect of patent law, including writing patents, asserting patents, defending against patent infringement, and licensing, buying, and selling patents. I understand and appreciate from a business perspective the important value and uses of intellectual property for innovators and for our economy. During the past 3 years through my service on the U.S. PTO's Patent Public Advisory Committee, then as the agency's first Silicon Valley satellite office director, and now as Deputy Director, I have worked with a wide range of industries while gaining a first-hand understanding of the U.S. PTO, its strengths, challenges, potential and opportunities. I have seen and worked with an impressive talent of the dedicated U.S. PTO team. It is clear to me how the U.S. PTO's work benefits our Nation's innovators. I believe that the U.S. PTO must remain focused on reducing the backlog and pendency of its patent applications while maintaining the highest level of quality of patents and trademark examination. Given the increasingly global economy it is also imperative that American companies have efficient, cost-effective, and strong intellectual property protections overseas. In my current role, I have the privilege of working on many of these initiatives and, if confirmed, would continue to work on these important goals. Finally, as with any large organization, I appreciate the need to both effectively manage and motivate the U.S. PTO work force. This is especially true of an organization that has more than doubled in size in the last 10 years in order to keep up with our Nation's innovation. I believe that the intellectual property laws and the U.S. PTO play a critical role in advancing American technological competitiveness which is so necessary for our Nation's continued economic success. If confirmed by the Senate, I commit to bring to bear all my creativity, energy, and intellect to protect and strengthen the intellectual property system that has served our country so well. Thank you. Senator Cornyn. Thank you, Ms. Lee. Mr. Marti, your statement, please. STATEMENT OF DANIEL HENRY MARTI, NOMINEE TO BE INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR, EXECUTIVE OFFICE OF THE PRESIDENT Mr. Marti. Thank you, Chairman, and distinguished Members of this Committee. I am honored to have the opportunity to be considered by this Committee as the President's nominee to serve as the administration's Intellectual Property Enforcement Coordinator, or IPEC. I would like to thank the President for his confidence in my ability to serve in this important post, and I thank Victoria Spinell for her remarkable leadership and service during her time as the first IP Enforcement Coordinator. This opportunity to serve my country is truly humbling. As many of you may recall from my last hearing a few weeks ago, I am a first generation American, born in Washington, DC, of Spanish and Chilean parents who came to this country speaking little English. My father, Enrique, chose to leave the seminary in Germany where he was studying to be a Jesuit priest so he could teach philosophy at a university in Washington, DC. My mother, Patricia, has dedicated her life to making sure that my two sisters and I had the chance to follow our educational and professional pursuits wherever they would lead. Their sacrifices have allowed me to be here before this distinguished Committee today, and for that I am immensely grateful. I would also like to thank my family, including my daughter, Elissa, and my son, Miles, and my wife, Lauren, who is here today, for her love and support. I currently serve as a managing partner of the Washington, DC, office of Kilpatrick, Townsend & Stockton, which has one of the largest IP practices of any law firm in the United States. I have devoted the entirety of my professional practice to matters concerning intellectual property enforcement. My clients included companies in the fields of technology, banking, consumer products, entertainment, media and sports, fashion and luxury goods, hospitality, food, beverage, and agriculture, to name a few. Through these, and other client representation, I have developed a deep and broad view of IP rights and IP policy. If confirmed, I will work to achieve a thoughtful and strong intellectual property system that encourages innovation, creativity, and fair competition based on the rule of law. An effective intellectual property enforcement strategy must consist of a comprehensive and multi-faceted approach to this dynamic issue. An IP strategy should, for example, involve: sustained coordination among Federal agencies and enhanced sharing of information; focused diplomatic efforts, including engagement with trading partners; the use of trade policy tools and IP-related training and capacity building; private sector voluntary best practices to reduce infringement online and in conventional marketplaces; the adoption of technological solutions; consideration of new laws and regulations to the extent necessary to protect IP; and public awareness, education, and outreach. I will work to promote our ongoing efforts to protect IP from unlawful infringement, both at home and abroad. These efforts will involve a broad range of stakeholders, including Congress, Federal agencies, the private sector, and public interest groups. Each of these stakeholders and the views and positions they represent will be key resources for me in pursuing the goals of my office. America's great spirit of innovation and creativity has been a primary driver of our economic growth and national competitiveness. IP intensive industries represent a substantial portion of our Gross Domestic Product and support millions of jobs. IP is also critical to our balance of trade. Goods from IP intensive industries account for approximately 60 percent of all U.S. merchandise exports and about 20 percent of service exports. These figures are a point of national pride and we must continue to build and invest in an IP system that will continue to promote the growth of the American economy. Congress, and Members of this Committee in particular, had the vision to create the IPEC position in order to elevate the coordination of IP enforcement issues across the United States, and indeed, internationally. If confirmed, I look forward to building on the success and the momentum of the office. Thank you again for the opportunity to appear before you, and I look forward to answering your questions. Senator Cornyn. Thank you, Mr. Marti. We will proceed now with 5-minute rounds, alternating between the Republicans--the Majority and Minority, and we will observe the early bird rule. Ms. Lee, in 2013, the House passed the Innovation Act, which the administration, as you know, supported. This past December, you testified about the continuing need to strengthen the patent system, including legislation aimed at patent abuses. Is that still your position? Here's the context for that. Of course, Senator Coons alluded to the fact that there's been ongoing decisions by Federal courts in this area. The basic question is, does that obviate, in your view, the need for Congress to act in this area? Ms. Lee. Thank you, Mr. Chairman, for that very important question. Yes, I believe that there can, and should, be additional improvements to our legislation--to our patent system through legislation. Much has already occurred in recent years to strengthen our patent system, but certainly more can be done legislatively, judicially, and administratively. The Patent Office is already working on many of these issues, including enhancing the quality of patents and working on a number of White House administrative actions. But the President has stated a need to pass additional legislative reform, and I support that. I look forward to seeing further reforms and working together with Congress and all of our stakeholders to strike meaningful and balanced improvements to our patent system that promote innovation. Senator Cornyn. Well, at a time when there's a lot of differences between the political parties here in Washington, this seems to me to be one area, certainly among others, where the White House, where Republicans and Democrats, all agree we need to pass legislation, and I look forward to working to that end with my colleagues here first at the Judiciary Committee, then on the floor. You testified in December about the popularity of post- grant proceedings and called for Congress--well, you called them a cost-effective, faster method of resolving the issue of patent validity. I know you, as I'm sure you know, my office has heard concerns from a number of stakeholders about these proceedings. Can you tell us about what you're hearing and your view of the criticisms, and are there reforms to post-grant proceedings you think that need to be made? Ms. Lee. So thank you very much, Mr. Chairman. I've given a lot of thought to this topic, and in fact after I was sworn in as Deputy Director one of the first initiatives that I undertook at the PTO was to ask my team to embark upon a nationwide listening tour to evaluate these patent trial and appeal board proceedings. Those proceedings had been in effect for about a year and a half, and we had some experience under our belt. The public was very eager to hear about best practices when they appear before us and some of the rules and procedures, and the agency, and I personally, was very eager to hear what the public's reaction and feedback was on these proceedings and how we could improve them. So in April and May we conducted an eight-city nationwide listening tour and we've heard a lot of feedback. Those were very, very well-attended programs. We also, at the end of the eight-city road show, put forth a request for comments. We put forth 17 different questions on all ranges of procedures and aspects of these patent trial and appeal board proceedings, and we also had a catch-all provision, which is, tell us anything and everything else you'd like to know on how we can improve these proceedings. We got a lot of input. The deadline was extended to October and we got 37 written comments from bar associations, companies, and individuals. Some of the comments were very positive, some of them suggested room for improvement. The PTO is in the process of evaluating those comments very carefully. Senator, if confirmed, I very much look forward to reviewing those comments and making the proceedings of the patent trial and appeal board even more effective, as Members of Congress intended when they passed that legislation in the America Invents Act. Senator Cornyn. Thank you. Mr. Marti, what do you see as the biggest IP enforcement challenges that confront us? Mr. Marti. Thank you, Senator. The threats to U.S. IP interests are immense and growing in both size and scope. The global nature of IP infringement is certainly an issue that has proven difficult to tackle. Certainly what we have been seeing in the news lately with cyber attacks that are sponsored by foreign governments also adds a level of complexity to our efforts to enforce U.S. intellectual property, the example I mentioned, trade secrets in particular. Senator Cornyn. And indeed, the President alluded to that last night in his State of the Union and has spoken often, in light of the hacking of Sony recently in the news and the concerns about cyber security and intellectual property theft. This is a role that IPEC will play front and center, is it not? Mr. Marti. Yes. If confirmed, I intend to tackle this issue directly and I look forward to the opportunity to work with Congress, the administration, and other relevant stakeholders to address this issue. Senator Cornyn. Thank you. Senator Coons. Senator Coons. Thank you, Senator Cornyn. If I might just first, Mr. Marti, to follow up briefly on that point. To combat trade secret theft and misappropriation, do you think either civil remedies or criminal remedies are alone sufficient or could we benefit from having a broader tool kit of remedies? Mr. Marti. The effective--an effective IP strategy has to be a multi-faceted approach. So yes, generally I would support a larger tool kit. I think having U.S. law to address the issue of trade secret misappropriation at the Federal level would be important, important here domestically but also to show as a model or to use as a model, for example, in trade agreements, in bilateral and multilateral treaties, or to press individual countries to adopt similar laws so that the domestic and foreign IP will have a place to be protected overseas. Senator Coons. I agree, and I hope we can make some great progress on that this year. Ms. Lee, if I might, you talked about the patent trial and appeal boards and concerns about the process and outcomes in the broader community. In your view, why is the board finding that there is a reasonable likelihood so many patents granted by the PTO initially contained unpatentable claims? Ms. Lee. So, Senator, I think the--I mean, the board takes a look at these matters on a case-by-case basis. I think probably what you're seeing is these are new proceedings and Congress very much intended for these proceedings to eliminate patents that should not have issued out of the U.S. Patent and Trademark Office. So I think probably what you're seeing is some of the initial reaction to that. We are aware of the statistics but it does not guide the work of the Patent and Trademark Office. I mean, we call the judges on those panels, a three-judge panel, look at the facts of the case, look at the record before them, apply the facts and the case law and come to their conclusions. And you've hired more than 200 administrative law judges in the last year alone. You have ramped up this process really very quickly. What I am pointing toward is the possible concern either that some of the ALJs need more relevant training and experience, the rules of the road need to be fleshed out a little bit further since this is largely new ground, or that there may have been an improvident grant in the first place. So let me just turn to a last question, if I might, about stakeholder confidence in the system and the importance of patents when initially granted being as high-quality as possible to reduce litigation cost and risk and the challenges of post-grant review. What are your plans, if confirmed, to ensure that patent quality is strengthened significantly in the first place upon initial issuance? Ms. Lee. Thank you very much, Senator Coons, for that question. One of the top priorities, if confirmed, would be to really enhance the quality of the patents at issue out of the U.S. Patent and Trademark Office. We are at a very fortunate time. I mean, thanks to the good work of Congress and the America Invents Act, you gave us fee-setting authorities, that we could set our fees. Now, working with the appropriators, for the most part we have been able to keep most of the fees that we collect, provided they fall within our estimated amount. So really for the first time in a very, very long time we are in a much more secure financial situation to take a very, very deep look at patent quality, and that is so very important. I mean, we are hearing it from our stakeholders, we hear it from Members of Congress, and it is really the PTO's obligation to issue the very best quality patents that they can at time of examination. But, of course, we all know we have a certain period of time these patents need to issue, and over time, you know, oftentimes the marketplace determines which patents are the most important. In those instances, if it is warranted to have a second look at the patent to determine if it was properly granted, that's why we have some of the post-grant review proceedings and that is also important to make sure that we ensure that those proceedings are fair to all parties. Senator Coons. Thank you. As you know, I share your passion for ending fee diversion and ensuring the sustainability of PTO funding. My last question. In your December confirmation you acknowledged that the legal landscape around patents is quite dynamic. There's been a lot of changes, Supreme Court decisions, judicially directed changes, the ongoing implementation of the AIA. Do you still agree that Congress should act carefully and cautiously before enacting additional legislative changes to our patent system? Ms. Lee. I do believe that we still need legislative reform. As I, in response to Senator Cornyn's question--I mean, there are certain things that are absolutely appropriate and best handled by this body. There are other matters that can be handled by the PTO. Enhancing the quality of patents before they issue out of the office, that is clearly within our domain and that's something that I intend to focus on very concertedly, but there is a role and there is a need for additional legislation. Senator Coons. Thank you, Ms. Lee. Thank you, Mr. Marti. Senator Cornyn. Senator Hatch. Senator Hatch. As Chairman of the Senate Republican High- Tech Task Force, I've been working with colleagues and stakeholders to develop an innovation agenda for the 114th Congress. Among my top legislative intellectual property priorities are patent control and trade secrets legislation, which as you know are critical to the continued success of the high tech industry. My time is limited, so I would like to ask both of you to answer as quickly and shortly as you can. Mr. Marti, we must remain vigilant in protecting our Nation's critical infrastructure from cyber attacks. Equally important is preventing trade secret theft, which costs U.S. companies, and some in Utah, hundreds of millions of dollars each year in lost profits and sales. What are your plans to address trade secret theft? Mr. Marti. Thank you, Senator Hatch. Throughout my private sector experience I've worked with U.S. businesses to protect their trade secrets and I fully appreciate what is at stake. I am concerned that the pace of economic espionage and trade secret theft through cyber hacking, for example, appears to be accelerating. It is essential that the IPEC office has a confirmed head at this important time, and if confirmed to run this office, I can assure you that I look forward to tackling this serious issue of trade secret misappropriation with you, and other Members of this Committee, to ensure that U.S. businesses' trade secrets remain safe and that the U.S. economy can continue to prosper. Senator Hatch. How should Congress actually proceed in tackling trade secret theft by overseeing the whole valley of all these things and by foreign actors who are intentionally outside the jurisdiction of U.S. courts? How do we proceed in tackling those trade secret thefts? Mr. Marti. Senator, where the bad actor is outside U.S. jurisdiction, an issue that I've had to deal with repeatedly throughout my career, I believe the U.S. industry could strongly benefit from having Federal trade secret law in place that, as I mentioned to Senator Coons, can serve as a model in our trading, in our trade agreements, and pressing foreign governments to pass similar legislation that would protect not only their own domestic trade secrets, but U.S. trade secrets overseas. Senator Hatch. Okay. Ms. Lee, Section 285 of the Patent Act was Congress' attempt to deter bad behavior in patent litigation. ``Yes'' or ``no,'' do you agree that Section 285 has failed to achieve its objective? Ms. Lee. Section 285, Senator, as I understand, pertains to the fee shifting and the payment of attorneys' fees. I think the statute alone is probably not enough. As we can see, there are judicial changes that are under way and being considered. And I know in the 113th Congress it was a topic of very important discussion, and I think going forward it would be beneficial and helpful to consider those issues, along with all others, and weigh all factors as we determine what is appropriate for impactful and balanced patent improvements. Senator Hatch. ``Yes'' or ``no,'' do you believe that Section 285 needs to be amended in order to deter abusive and meritless litigation? Ms. Lee. I think considering the amendment of 285 is a topic that needs to be discussed and needs to be considered with our stakeholders in light of all the changes that are occurring to make sure we get it just right and we incentivize our innovative companies to invent, yet we also allow patent rights holders to have the ability to enforce their rights when they need to, when they have legitimate patent rights. Senator Hatch. Can you give me a ``yes'' or ``no'' answer whether you agree the Supreme Court's cases in Highmark and Octane Fitness do nothing to ensure the recovery of fee awards from insolvent shell corporations? Ms. Lee. So I think we're still evaluating the impact. Senator Hatch. Do you think they do anything? Ms. Lee. It increases the discretion for district courts to award attorneys' fees and we'll have to evaluate. I would very much welcome working with Members of Congress and listening to our stakeholders if that's enough. Senator Hatch. Well, what are your plans to ensure that employees who are working at home are skillfully examining patent applications? For me, this shouldn't be a numbers game. The focus should be on properly issued, high-quality patents. Ms. Lee. Yes. So thank you very much, Senator, for the question. I take it you're referring to some of the time and attendance issues that the U.S. Patent and Trademark Office has been dealing with and addressing in the past. Let me just say that my senior management team and I take any kind of time and attendance abuse very seriously, but we have taken a whole bunch of initiatives since some of those matters came to our attention to make sure that all of you and the members of the public have complete confidence in our operations. We've done things like train our examiners on the time and attendance rules, we've brought in the National Academy for Public Administration to review all of our procedures and policies and controls. I look forward to receiving a copy of that report on recommendations and best practice and I look forward to sharing that with Members of Congress. I believe you will also get a copy. We have also established cross-bureau business unit programs where we're looking at preventing abuse and intervening early and reviewing the entire employee discipline process so that we can make sure that we're applying the processes and the rules consistently. So we've done a lot and I look forward to doing much more, if confirmed. Senator Hatch. Thank you, Mr. Chairman. Thank you. Senator Cornyn. Thank you, Senator Hatch. I would advise my colleagues, we have been informed that we will shortly have a series of seven votes on the floor of the Senate, which obviously is an interruption of what we're trying to do here. My goal would be to see if we could move through this first panel and then save the second--adjourn, or recess, I should say, and then come back to the second panel of nominees. Certainly any Senator is free to stay as long as they want without missing votes, but consider possibly submitting questions in writing that would be then responded to later. Senator Franken. Senator Franken. Thank you, Mr. Chairman. Ms. Lee, congratulations on your nomination. Last year, the Supreme Court issued a number of patent-related rulings. Those decisions, including the Court's decision of Alice Corporation v. CLS Bank, seemed to tighten the requirements for obtaining certain patents and made it somewhat easier for people to challenge the validity of patents. At the same time, we have seen reports of a drop in the number of new lawsuits being filed by patent holders for infringement. Some commentators have suggested that this drop in filings is, at least, in part, responsive to the Courts' decisions. Based on your experience at PTO, do you think that's true? What other factors may be contributing, and to what extent, if any, do you see these developments helping Main Street retailers affected by abusive litigation practices? Ms. Lee. So, thank you very much, Senator, for your question. Alice v. CLS Bank came down fairly recently, so we are all--I think all of us, the courts included, are in the process of evaluating that. The U.S. PTO--I mean, our job is to apply the laws as enacted by a Congress and as interpreted by the courts. And I think, as you know, we issued guidance recently on patent-eligible subject matter. As we speak now we are having a stakeholder outreach session to get input on the guidance that we've provided. You know, as far as what effects the filings at the Patent and Trademark Office, there are so many variables. I mean, many of them are macroeconomic; it depends upon the economy, it depends upon business incentives. In the business world--I know, I was on the other side--it depends upon business strategies, and part of it depends upon the laws and the PTO guidance that we issue. I guess I would say that, if confirmed as director, it would be my job to make sure we issue as clear of guidance as we can on issues like patent-eligible subject matter so that our examiners know exactly how to examine these applications to the best that we can, faithfully applying the law, and the public also has some concrete guidance as well so that they can make really smart business decisions and allocate their precious R&D dollars and precious legal budgets, as appropriate. Senator Franken. So you do not have an opinion one way or the other on the effects of court decisions, recent court decisions, on the slow-down of these filings? Ms. Lee. We've seen slight slow-downs but it's hard to--I mean, there's so many factors involved. Part of it could be Alice Corp. v. CLS Bank, but that was relatively recently enacted--or, you know, handed down from the courts. A lot of it can also be macroeconomic issues. Senator Franken. Okay. Ms. Lee. But it's something that I know our folks at the CFO's office at the PTO are monitoring closely and our patents team are monitoring very carefully. Senator Franken. Okay. I'll go from a very specific question to something more general. One of the reasons that has been cited for supporting your nomination is the work that you have done as Deputy Director of the U.S. PTO to address problems of patent trolls. Would you explain how you define a patent troll as distinct from a legitimate patent holder needing to enforce his or her rights? Ms. Lee. I think many people have many different definitions of what a patent troll is. What I find most productive is to focus on the behavior and curtailing abusive patent litigation. If the abusive patent litigation occurs from an operating company, that is unacceptable behavior and that should be curtailed. If it occurs from a non-practicing entity of any sort and it is abusive, that sort of behavior should be curtailed. Senator Cornyn. Colleagues, the votes have begun. Senator Franken. Well, thank you very much. I will go vote. Senator Cornyn. Senator Perdue. We are going to try to give Senator Perdue and Senator Tillis a chance to ask their questions before they have to leave to vote. Senator Perdue. I'll be very brief then. Thank you, Mr. Chairman. Congratulations to both of you on your nominations. You know, our economic miracle is fundamentally founded on three capabilities that we have in the United States: our ability to innovate; our ability to form capital; and our rule of law. The rule of law really helps us protect individual property rights. Ms. Lee, I'd love for you to talk a little bit more about finding the balance. You have spoken often about these two competing issues, abusive litigation practices and the rights of legitimate patent holders. What do you plan to do as a Director of PTO, and what can we do as a legislative body to help you find that balance? Ms. Lee. So that's a topic that I give a lot of thought to, Senator Perdue. Coming from the business world, I understand the very fragile and delicate balance. It is absolutely right to strike that right balance. It is not a single point, but it is probably a range. I think we just all need to work together and we need to put the interests of the overall patent system ahead of personal interests, you know, companies and individuals, what is right for the patent system not just for me now and today, but what is right for our patent system, what is right for this country now and in the long run so that we continue to maintain the strongest economy of innovation incentivized by intellectual property. I gave a speech on this and it is something that I feel very, very deeply about. I am a beneficiary of our economic innovation economy and it is something that I hope my daughter has the benefit of having in her generation and subsequent generations. So I would ask that all of our stakeholders, and all of us, to work together to strike that right balance. Senator Perdue. Thank you. Mr. Marti, you've spoken often, I think even in your December 10 testimony, about how volunteer initiatives are really critical in finding the balance of combatting piracy and fraudulent practices. You have also talked about coordination of all the stakeholders. Can you tell us, briefly, a little bit about the steps that the IPEC is taking, and can take, in this area and what additional work you think is required? Mr. Marti. Thank you, Senator Perdue. The office had previously worked on five very important voluntary initiatives. They largely tackled following the money--advertising, revenue, payment processing--to these rogue websites. If confirmed, I look forward to assessing how these existing voluntary initiatives are working and where they can be improved. I also look forward, if confirmed, to thinking of some enhanced enforcement strategies for this digital age. As we've been talking about today, this is a global issue and we need to make sure that we can combat piracy and counterfeiting domestically and overseas, and voluntary initiatives is a good place to start where we can bring in the private sector to think about some of these issues and use the IPEC office as a convener to bring some new solutions and thoughts to the table. Senator Perdue. Thank you very much. Thank you, Mr. Chairman. Senator Cornyn. Thank you, Senator Perdue. Senator Tillis. Senator Tillis. Thank you, Mr. Chairman. Ms. Lee and Mr. Marti, congratulations on your nomination, your impressive academic credentials, and your professional careers. I will just be very brief. I will just ask maybe the questions and let you each respond, in the interest of time. Ms. Lee, one question that I have. We obviously cooperate with other countries with respect to protecting patents and intellectual property, but what kind of assurances can you give us that we can step up our efforts, particularly to some of the jurisdictions that seem to be the most problematic now that do not fall under any trade agreements or other intervening frameworks that may be able to stop what we think is a dangerous through to our intellectual property and patent rights? And then, Mr. Lee, I was kind of curious to what extent-- Mr. Lee? Mr. Marti. Mr. Lee, you can answer the question, too. [Laughter.] Senator Tillis. You seem to be busy with your daughter right now, who is very good with a Smartphone. [Laughter.] Senator Tillis. But no. Mr. Marti, I was curious, to what extent would IPEC get engaged in advising the administration with respect to these sorts of issues in trade agreements, the pending trade agreement with Europe, the TPP, and potentially other countries that we have not yet gotten there with? Ms. Lee, you can go first. Ms. Lee. So, Senator Tillis, thank you very much for the question to address the issue of international priorities. Having come from the business world I recognize that there are precious few American companies who make a product or offer a service and intend to offer that product and service only within the United States. I mean, in this age of Internet where you can just as easily sell your product to a town in Texas or to some country overseas in Asia, I mean, the world in which you just file a U.S. patent and that is all you need is long gone. So one of the top priorities of mine, if confirmed, would be to make sure that we have an international IP system that is conducive to the export of American products and services. That is what we need to thrive in this global economy. In the past year, I have spent, and the team at the PTO has spent, a lot of time and energy working on issues such as international harmonization. If our American companies who are looking to get intellectual property protections overseas, right, more countries than just the United States, they need to be able to do so efficiently, cost-effectively, and without a lot of duplication. Each of our patent systems grew up in its own country and they all have their own filing requirements and they all have their own rules. That is a tremendous opportunity. It's the low-hanging fruit. By working on those harmonizations, procedural and substantive, I mean, we save our companies money and they get protections that they need more quickly. So that would be an emphasis and a priority going forward, if confirmed. Mr. Marti. Thank you, Senator Tillis. The enforcement of IP rights, as you alluded to, is certainly critical to the U.S. economy. When the IPEC position was created in 2008, it was done so to coordinate IP enforcement and IP policy throughout the Federal Government. If confirmed, I look forward to working with the USTR and other relevant stakeholders within the Federal Government to push for the inclusion of strong intellectual property rights in our trade agreements and otherwise press foreign governments for the respective U.S. intellectual property. Senator Tillis. Thank you both. Senator Cornyn. The Committee thanks both of the nominees for their appearance today before this hearing, and thank you to your families for supporting you. We are now going to let you go and we will stand in recess until the votes on the floor conclude, and then we'll return and go forward with the second panel of nominees. [Whereupon, at 3:26 p.m., the Committee was recessed.] [Whereupon, at 5:14 p.m., the Committee reconvened.] Senator Cornyn. We will at long last reconvene this nominations hearing. As I told each of the nominees, our apologies to you and your families. Unfortunately, when the Senate starts voting, if you are going to be doing your job, you have to go down there and vote and you don't have as much control over your life as you do on the bench. So, that is one great benefit to your line of work as opposed to ours. I will introduce three of the nominees and then turn it to Senator Lee to introduce the nominee from Utah, and then we'll proceed. STATEMENT OF HON. JOHN CORNYN, A U.S. SENATOR FROM THE STATE OF TEXAS, INTRODUCING HON. ALFRED H. BENNETT, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; HON. GEORGE C. HANKS, JR., NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; AND HON. JOSE ROLANDO OLVERA, JR., NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS We have, of course, four nominees for the Federal bench: three for the Southern District of Texas, and one from Utah. Judge Alfred Bennett is a presiding judge of the 61st Civil District Court in Harris County, Texas. He worked for many years in private practice at Fulbright, Jaworski, Solar & Fernandez, and as a sole practitioner. He has also taught law. Judge Bennett graduated from the University of Houston and earned his JD from the University of Texas School of Law. Judge George Hanks, Jr., serves as U.S. Magistrate Judge for the Southern District of Texas. He graduated first in his class from Louisiana State University and earned a JD from Harvard Law School and an LLM from Duke University School of Law. Judge Hanks began his legal career as a law clerk in the Southern District of Texas and spent a number of years in private practice. He served as judge for the 157th District Court and as justice for the Court of Appeals for the First District of Texas. Judge Jose Rolando Olvera, Jr., serves as a State district judge in the 445th State District Court of Texas, and as presiding judge of the Fifth Administrative Judicial Region in Cameron County, Texas, a job actually I used to have as the presiding judge of the Fifth Administrative Judicial Region. He graduated from Harvard University and earned his JD from the University of Texas School of Law. Judge Olvera worked for years in private practice as a State district judge in Cameron County and as a part-time municipal judge in Brownsville. I was told that Congressman Filemon Vela would be here; maybe because of the erratic schedule he is not here right now, but I understand he is a childhood friend of Judge Olvera. Of course, we will enter a statement from Congressman Vela into the record in support of his nomination. Senator Cornyn. Each of these three Texas nominees are lawyers of the highest caliber and the kind of individuals who should serve on the Federal bench. I'm sure the Utah nominee is, as well. But I happen to know, by virtue of our Federal Judicial Evaluation Committee, that Senator Cruz and I appoint, our bipartisan committee, that each of these nominees have been through that process and I have confidence in each of them and support each of their nominations. I am proud of the good work that the Federal Judicial Evaluation Committee has done. I want to express my gratitude to the White House counsel for their constructive engagement with us on each of these nominations. At this point let me turn it to Senator Hatch and Senator Lee for any comments they would care to make about Judge Parrish. OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENA-TOR FROM THE STATE OF UTAH, INTRODUCING HON. JILL N. PARRISH, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE DISTRICT OF UTAH Senator Hatch. Well, thank you, Mr. Chairman. I share your opinion of these three judges from Texas. I am pleased today to introduce to the Committee an outstanding nominee to fill the vacancy on the U.S. District Court in Utah. Justice Jill Parrish currently serves on the Utah Supreme Court. During her 12 years on our State's highest court she has participated in approximately 900 cases that resulted in a written opinion. She is well-known, widely respected in the Utah legal community and elsewhere, and I am certain that she will be a great asset to the Federal bench. Mr. Chairman, I have participated in the appointment of three-quarters of the judges who have ever served on the U.S. District Court in Utah. That experience has given me a sense, both personally and professionally, of the kind of individual who will serve well on the Federal bench. That experience gives me every reason to strongly recommend Justice Jill Parrish for this appointment. I know her personally, I know her family, I know what a great human being she is. The United States has the most respected, most independent judiciary in the world. We expect our nominees to the Federal bench to have a record of accomplishment in their chosen areas of legal expertise. I am struck, however, at how Justice Parrish has done this in so many areas to bring such a broad range of experience to this appointment. She has established a record of excellence both before and behind the bench in both State and Federal court, in private and public sectors, and in both trial and appellate courts. The American Bar Association unanimously gave Justice Parrish its highest ``well qualified'' rating. Here is how the ABA describes what it takes to get this rating: ``The prospective nominee must be at the top of the legal profession in his or her legal community, have outstanding legal ability, breadth of experience, and the highest reputation for integrity, and demonstrate the capacity for judicial temperament.'' I think that basically says it all--and it certainly applies to Jill Parrish. I want to thank Senator Lee, who is not only my colleague on this Committee but also my partner in representing our great State and in recommending the best candidates for judicial appointment. We both agree that Justice Jill Parrish is a great nominee to the U.S. District Court. I strongly recommend her swift and unanimous confirmation and I just want her to know that we are extremely proud of her, extremely proud of the life she's lived, the family she is raising and has raised, and her exceptional ability in the law and as a judge. I could not be more pleased with the nominee than I am with this really, really good woman jurist who has made such a name for herself not only in Utah, but around the country as well. Thank you, Mr. Chairman. Senator Cornyn. Senator Lee. OPENING STATEMENT OF HON. MICHAEL S. LEE, A U.S. SENA-TOR FROM THE STATE OF UTAH, INTRODUCING HON. JILL N. PARRISH, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE DISTRICT OF UTAH Senator Lee. Thank you, Mr. Chairman. Thanks to all of you for joining us today. I just want to echo the words of my friend and colleague from Utah, Senator Hatch. This is a good day for Utah, a good day for the Federal judiciary. This seat and the filling of it are really important to me, for a couple of reasons. First, the seat to which Justice Parrish has been nominated is one that has been occupied by Judge Benson. Judge Dee Benson has served in this seat since the early 1990s and I clerked for him right after I finished law school. He is a judge of extraordinary character and talent. He is someone who served in various capacities here in the Senate and served as a Deputy Assistant Attorney General, also as U.S. Attorney in Utah. He was an outstanding employer and has been a mentor and a friend to me throughout my career. Second, because of that, because of who held that seat, we wanted to make sure that whoever filled this seat was someone of extraordinary talent, someone up to the task, up to filling the shoes of Judge Benson. I could not be more thrilled that the person to fill that slot, the person nominated to fill that slot, is Justice Parrish. Justice Parrish and I had adjacent offices to each other while we were both at the U.S. Attorney's Office. She served at the U.S. Attorney's Office from 1995 to 2003 and finished that job as head of the Financial Litigation Section within the Civil Division of that office. She had distinguished herself by that time as an extraordinary litigator. Between that and her private practice at one of our State's premier law firms, the firm formerly known as Kibble Parr that has had many name changes since then, largely because its named partners keep being named to high judicial positions within our State. Justice Parrish has served alongside my brother Tom, who serves on the Utah Supreme Court. The two of them work well together. I figure anyone who can work well with my brother and get along well with him is well prepared for the Federal judiciary. Jill Parrish is a friend to all who know her and is a credit to her profession, to the legal profession and to jurists everywhere. I am honored to support your nomination. Thank you. Senator Cornyn. Thank you, Senator Lee. Let me ask the nominees to please stand and raise your right hand to be sworn. [Nominees are sworn in.] Senator Cornyn. Thank you. Please have a seat. I have a few, very general and relatively brief questions, although I had to think, Justice Parrish, about the definition I heard one time of an appellate judge, of which I used to be one: It is a person who hides in the hills while the battle rages below, and then when it's over, swoops down to kill the wounded. That was a judge joke. [Laughter.] Senator Cornyn. That was a little judge humor, I guess. Senator Hatch. It could only come from Texas, is all I can say. Senator Cornyn. But obviously you're getting down into the fight from the appellate bench, back down into the trial court, which I always found was a lot more fun and entertaining anyway. But what I might do first, starting with Judge Bennett, would you mind introducing your family and friends who you brought here with you and we'll go down the line and give you that opportunity? This is a big day for them, too. STATEMENT OF HON. ALFRED H. BENNETT, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS Judge Bennett. Thank you, Senator. Thank you to Chairman Grassley and to Ranking Member Leahy for scheduling this Committee hearing, and thank you to the Members of the Senate who are appearing here today. And thank you especially to Senators Cornyn and Cruz for their recommendation to the President of the United States on my nomination to the Federal bench. And, of course, thank you to the President of the United States for this great honor, the greatest honor of my professional career. Today I have the privilege of having my wife of 20 years, Tanyel here with me today, along with our sons, Charles and Shane. Charles is a Life Scout, one from Eagle. Shane is a Tenderfoot and active in their Boy Scout troop. My mom, Cora Whitlock, is here, as well as my sister Yolanda Babels, and brother Darryl Bennett, all from Texas. Mr. and Mrs. Matthew Washington, friends, and their son and daughter are joining us as well. I am also very honored to have my two best friends from law school here, Jeff Sands, who is an attorney with the Department of Justice, and Theodore Marcus, with the Federal Communications Commission. I'd like to also thank the Harris County district judges with whom I serve. Their leadership, their counsel to me during my career on the bench has been very important in me reaching this point. Of course, I could not go far without thanking the staff of the 61st District Court, the best court staff in the State of Texas. Their support has been instrumental in my success on the bench and I want them to know how much I appreciate it. I would like to thank my father, who could not be here today, as well as my brother Brent who is not here, and to all of my family and friends in Houston and in Ennis who are watching this via the webcast. With that, I'm prepared to answer any questions that the Committee may have. Senator Cornyn. Thank you, Judge. Judge Hanks. STATEMENT OF HON. GEORGE C. HANKS, JR., NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS Judge Hanks. Mr. Chairman, Members of the Committee, thank you so much for the opportunity to appear before you this afternoon. Thank you to Senator Grassley for scheduling this hearing, and to President Obama for nominating me to serve my fellow citizens as a district judge. It is truly an honor and a privilege, and very humbling, to be here in this place before you where many years ago I started my journey into public service, working for this institution as a young Senate page. Thank you, Senator Cornyn and Senator Cruz, for your kind words of support. The confidence that you have placed in me to serve the citizens of our great State of Texas, and this country, and for recommending me as a district judge to the President. I would like to introduce you to the very special people in my life who are here with me this afternoon whose constant love and support has brought me here today. To my right is the love of my life, my wife of 20 years, Stacy Hanks. Stacy is a social worker back in Texas. Directly behind me is the man who is, and always will be, my hero, my dad, George C. Hanks. My dad is retired and he is a U.S. Air Force veteran. My mother was a school teacher. She passed away a few years back, but her hopes and dreams live on through me here this afternoon. I know that she is here in spirit, looking down on these proceedings with inexpressible pride. Also watching the webcast of this proceeding are my brother, Kendrick Hanks, and my sister-in-law, Lily Hanks, and their son, Kendrick, Jr., who is watching these proceedings with his classmates still at Abbott Elementary School in Garland, Texas. Also, my niece Elise Ann, who is also watching these proceedings with her classmates at Coral Middle School in Garland. Also here with me is a dear friend of mine, Gabarro Smith, with the U.S. Attorney's Office. Watching on the webcam are my law clerks and my colleagues in the Southern District of Texas, who all represent the very finest in public service. Thank you, sirs, for your patience. I look forward to answering your questions. Senator Cornyn. Judge Olvera. STATEMENT OF HON. JOSE ROLANDO OLVERA, JR., NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS Judge Olvera. Thank you, Senator Cornyn. It is a distinct honor for me to be here today, especially among such distinguished colleagues. I congratulate them on their nomination. I do want to take this opportunity to thank you, Senator Grassley, Senator Leahy, and every Member of this Committee for their support and their agreement to have this vote today. I would like to thank Senator Cruz and Senator Cornyn, yourself, for recommendation to the President. I'd like to thank the President for his nomination. I, additionally, would like to thank the Federal Judicial Evaluation Committee formed by Senator Cruz and Senator Cornyn for their recommendations to the Senators. It was my privilege to meet with the Senators last year and I thank them for every step of the process. I would note that I would like to thank Congressman Vela for his introduction in the record. I would like to acknowledge my wife and friend that I have here today, the love of my life for approximately 16 years, is Rita. She's behind me today. And my dear friend from South Texas, Bobby Garcia, is here today. I would also like to acknowledge my family down home watching via webcast. My foundation and reason for being here are my parents, Rolando and Venilia Olvera. I am also very fortunate to have loving in-laws, Rita's parents, Bruno and Rita Salvaletta. Our pride and joy for both grandparents and parents are our children, Rolly, III, and Catarina. I would also like to acknowledge my brother and his family, Renee and Dr. Michelle Olvera in San Antonio, and their two children, my sister Claudia and Garrett Cobbs of Houston and their two children. Their family support has been invaluable. My working family is in many ways just as important. I must mention my thanks to the 445th State District Court staff. Thank you for all your hard work in making me look good. Likewise the Fifth Region Administrative staff of Texas, thank you for all your hard work, in addition to the staff at OCA. I would be remiss if I did not mention my judicial colleagues in South Texas and all of the presiding judges in South Texas. It is a distinct honor to work with every one of you. Last, I would like to thank all of my friends and supporters in South Texas and I thank them for their support. Once again, I look forward to answering your questions, and it is an honor to be here today. Senator Cornyn. Thank you, Judge Olvera. Justice Parrish. STATEMENT OF HON. JILL N. PARRISH, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE DISTRICT OF UTAH Justice Parrish. Thank you, Senator Cornyn and Members of the Senate Judiciary Committee. It is a real pleasure to be here with you today. I particularly want to thank Senator Hatch and Senator Lee not only for those kind words of introduction, but for your support and the confidence that you have placed in me in recommending my name to the White House for consideration. You have championed my nomination and I know that I would not be here today without your support. I also want to thank my judicial colleagues on the Utah Supreme Court. I have learned much from them and, frankly, that will be the hardest part of this process for me, is to say goodbye to wonderful colleagues from whom I have learned so much. Finally, I want to thank my family for their love and support and introduce them to you. I have my husband and three of my five children here. My husband, Blake, is right here. He has been stuck with me for the last 26 years. I also have my oldest daughter Brooke, who is back there on the second row. My babies--and they're not babies anymore--are my twins, Jacqueline and Adrienne, who are both 15 years old and sophomores at Woods Cross High School. Then, my second daughter, Lindsay, is a sophomore at Utah State University and was unable to attend because of academic responsibilities. My only son, Zachary, is a senior at Woods Cross High School and he was unable to attend because he has a varsity basketball game that he has to play in tonight. So we made a deal. He is watching this via webcast and I hope to be able to tune in to his basketball game tonight via a similar kind of technological innovation that they now have going on the high school basketball circuit in Utah. My one regret is that my parents are not here to share this occasion with me. They were members of the greatest generation. In fact, had they been alive they would have been 100 years old and 101 years old, respectively. They were my biggest fans. They launched me and I know that they are with me here today in spirit. Thank you again very much. I, too, look forward to answering your questions. Senator Cornyn. Thank you very much, Justice Parrish. We will have 5-minute rounds. But given the lateness of the day and our familiarity with the nominees, I think it will be somewhat informal and sort of general. But I would just ask each of the nominees to talk to us a little bit about your judicial philosophy and the role that judges play in our Government. Do you view yourself as somebody who is sort of by- the-book or do you feel like you are a roving doer of justice and have some flexibility in terms of what your role is to achieve the results that perhaps you think are most just in any circumstance? Talk to us a little bit about that. Judge Bennett, please start. Judge Bennett. Thank you, Senator, for the question. I believe that my judicial philosophy has been reflected in my past 6 years on the bench, and that has been a fair and impartial administrator of justice, to follow the rule of law, to follow binding precedent of the Texas Supreme Court, and of the applicable appellate courts that I report to. If I am confirmed by the Senate, I believe that that would switch to the U.S. Supreme Court in the Fifth Circuit. So for my judicial philosophy, it's been an impartial administrator of the rule of law and to follow binding precedent. Senator Cornyn. Judge Hanks? Judge Hanks. Thank you, Senator. My judicial philosophy is philosophy that I followed as a State district judge, an appellate judge, and now as a magistrate judge, which is to honor the oath that I have taken as a judge to treat every party that comes before me fairly and justly under the law, and with dignity and respect, to always follow the precedent that's binding in front of me, and in everything I do, both my personal life and on the bench, to maintain the integrity of the legal justice system and the confidence that people in this country have placed in the judiciary. Senator Cornyn. Judge Olvera? Judge Olvera. Thank you, Senator Cornyn. My judicial philosophy for the approximately past 12 years as a State district judge has been consistent. It is a combination of four crucial elements: (1) to adhere to a duty to administer and enforce the rule of law; (2) to maintain an unwavering demeanor of courtesy and respect to any and all before my court; (3) to adhere to a work ethic of moving the docket quickly and efficiently; and last, a goal of rendering a fair, consistent, and sagacious ruling in every single case. Thank you, Senator Cornyn. Senator Cornyn. Justice Parrish? Justice Parrish. Thank you, Senator. I believe that my judicial philosophy has also been reflected in my last 12 years on the bench, and I would say that it encompasses 5 main principles. First, treat all parties and attorneys who appear in front of me with courtesy, dignity and respect. Second, afford all parties procedural fairness. Third, maintain an open mind until the issues are fully presented. Fourth, work hard and always be prepared. And I can assure you that in the 12 years that I've been on the Utah Supreme Court, I have never taken the bench without being 100 percent prepared and having read everything that the parties have submitted. And five, uphold the rule of law by following the statutory text and applying precedent. There is no room for a judge to come to the bench with a personal agenda. Senator Cornyn. I have one last question during this round and then I'll defer to my colleagues. I worry that our civil justice system is so expensive and so time consuming that it precludes access for many citizens who have legitimate grievances they need to get resolved but they cannot afford a lawyer to represent them, or only in some cases, for example, where there is a serious injury or a wrongful death where a contingency fee agreement might be appropriate can they gain access to court. The time it takes to resolve those differences not only runs up the cost but may be as effective a bar to justice as a locked front door to the courthouse. I would just be interested in your thoughts and maybe reflections on some of those challenges in our civil justice system, starting with Judge Bennett. Judge Bennett. Senator Cornyn, as a former district court judge and supreme court justice, you know that the most important thing that you can give litigants before you are timely rulings. I believe that if you move cases efficiently you cut down on the costs associated with litigation. I have always striven to make sure that my cases were being moved efficiently, that rulings were prompt to allow litigants to move the cases through the system. In addition, I think it is very important that you meet with the litigants and the attorneys as soon as possible to get an estimate of the potential for a trial setting such that you can give a realistic time for a docket control order or when the case may come to trial. With those rules in place, I think you lowered the cost of litigation and you make the system a lot more efficient. Senator Cornyn. Judge Hanks? Judge Hanks. Senator, I also share the concerns about, with the growing caseloads, making sure that the courts are accessible to all people that desire to have their cases heard. In that regard, I believe that the judges and the courts play a critical role in that and how we manage the cases. As a judge, as a district judge and then now as a magistrate judge, the way that we handle that is, first, to establish reasonable deadlines, working with the parties to get the case ready for trial as quickly as possible; as Judge Bennett mentioned, having prompt rulings on all motions that are before the judge in the court; also scheduling alternative dispute resolution as necessary, and then, of course, in the Federal courts, utilizing your magistrate judges as effectively as possible. Senator Cornyn. Judge Olvera? Judge Olvera. Thank you, Senator. I concur with my colleagues. I truly believe that a judge must be actively involved in every case in setting very strict deadlines, both procedurally and in terms of timeliness. I have always, over these past 12 years, maintained very strict scheduling orders. My civil pre-trial order is infamous at the courthouse in terms of its strictness and severity. In summary, I believe the more you require the attorneys to work on a case and work together on a case, both in terms of discovery, exchanging of exhibits, preparing for trial, the more likelihood it is either going to settle and/or, if we need to go to trial, run a very quick and efficient trial without any delay. Once again, it is incumbent of the judge to be actively involved form the commencement to the end in order to promote the trial or settlement, and I believe in that. Senator Cornyn. Justice Parrish? Justice Parrish. Thank you. I agree with my fellow nominees in terms of the importance of judicial involvement in case management from the outset of a case. I also would like to add that I think it is important to carefully consider and timely rule on dispositive motions because if those are appropriate and can be granted, that can also help to decrease the time and expense associated with getting a case to a final resolution. And, of course, a timely ruling by the trial judge is equally important. Senator Cornyn. Senator Hatch. Senator Hatch. Well, I am impressed with you Texan judges, there's no question about that. I think that you have a great champion here in Judge Cornyn, who is a tremendous asset to this Committee. So, I commend each of you and I feel you are going to make very good judges on the district court bench. As someone who tried a lot of cases in Federal court, among some very interesting judges, by the way, both--in Pittsburgh, we had Judge Wallace Gourley, who was a law unto himself, but brilliant. The same thing in Utah with Judge Willis Ritter, who was a law unto himself, brilliant as could be, and very erratic in some of the things he did. But I always got along with him. You judges bring things to the court, to your respective courts, that I think are going to be very, very good. I have known Jill Parrish for a long time--Justice Parrish. I have nothing but the best respect for her and her ability and capacity to be a district court judge. I will ask one question of you, Justice Parrish. That is that, you know, the Committee sees nominees all the time who currently serve as trial judges and who are nominated to the appellate level. We see that. But here we have you, an appellate judge, who is nominated to the district court level to preside over individual trials. I would just appreciate your perspective on two things: (1) What are some of the important characteristics or qualities that both trial and appellate judges must have, and (2) What do you anticipate are some of the differences between your current role as an appellate judge and your upcoming role as a trial judge? Justice Parrish. Thank you, Senator. You are correct that my career path is a bit atypical in that I am going from an appellate bench to the trial bench. But the truth is that I spent the first 18 years of my legal career primarily in the district court and I really miss the courtroom. I believe that the skills that I have developed not only during the 18 years that I spent primarily in the trial courtroom, but also during the last 12 years on the Utah Supreme Court, will serve me well on the district bench. They really both involve the same skill, and that is of applying the law to the facts. While there are some differences in terms of the fact that appellate courts have the facts already determined, trial judges, of course, are involved in overseeing the jury and the jury has the role of finding the facts, but I believe that the skills and the decisionmaking process is very similar. One of the new challenges, of course, will be in actually moving cases along and in the case management aspect, but I believe that the skills I developed while I was a trial lawyer will serve me well in that regard, and that is an area where I can quickly come up to speed. Senator Hatch. Well, thank you. I am very proud of you and look forward to your working in this very, very important area because this is where really a lot of things are decided right on the trial level and it takes really good, honest judges to do that. I just want you to know I have every confidence you'll be one of the best judges in the country, as I do with these other gentlemen as well. But thank you for being willing to do this. I know that being a justice on the Utah Supreme Court is a very high honor in and of itself. But I am grateful that you're willing to get back to the district court level where you worked for many years, and I know you'll do a great job. Justice Parrish. Thank you. Senator Cornyn. Senator Lee. Senator Lee. Thank you, Mr. Chairman. I'd like to hear your thoughts on an issue that Justice Parrish referred to a minute ago, which is dispositive motion, the role dispositive motions play in a Federal trial court. It has been my view, or, at least, a fear of mine, that there might be a natural tendency in any trial court for a judge to engage in what I sometimes refer to as trial by attrition. In other words, when you're faced with a dispositive motion, I would think there would be a natural temptation to want to deny the motion in a close case. It is easier to deny. Usually there is a shorter order involved if you deny the dispositive motion. There's not an appeal that will immediately follow if you deny the dispositive motion. Because of all these factors, it's just a lot less work and a lot less risk to the judge and there's a lot greater likelihood that the case will just go away, it'll just settle along the way. So how do you protect against that? How do you protect yourself against that, against this natural tendency that I think all humans would have in that circumstance? Why don't we start with you, Justice Parrish, and then move down to the others? Justice Parrish. Thank you, Senator Lee. And I do agree with you that litigation is very expensive and it is not a good thing when motions that ought to be granted are denied because trial judges are afraid to take a stand and make a decision. But I would see that as part of my duty in applying the law. The rules of civil procedure dictate that a party is entitled to summary judgment when there are no material facts in dispute. So if a judge is willing to roll up her sleeves and do the work to make that determination, then the judge should not be deterred by the fear of an appeal. I believe that I know what goes on at an appellate level and I believe that I'll have the confidence to look hard at those issues and to grant summary judgment where it is appropriate. Senator Lee. And I assume, by the way, that an appellate judge who has shown up every day for 12 years, never being unprepared for an appellate argument, is one who would likely approach dispositive motions with the same degree of preparation. Justice Parrish. I would. Senator Lee. Hypothetically, of course. Yes? Judge Olvera. Thank you, Senator Lee. Well, I do concur with much of what Justice Parrish just indicated. And as I indicated before, I have a very strict scheduling order and civil pre-trial order that sets deadlines in terms of discovery and dispositive motions. Once again, when and if I hear a dispositive motion vis-a-vis a motion for summary judgment, I am bound by the rule of law. In the scenario when giving the light most favorable to the respondent, there is no material issue of fact or insufficient evidence. I have no objection to issuing a motion for summary judgment. That is my duty. It is the law. On the same token, if they do not meet that difficult burden, well, we're back to the stages of proceeding to a trial and I follow the law. Judge Hanks. Senator, I agree with everything my fellow nominees have said. It is--as a judge you have an oath to uphold the law and follow the law and apply it evenly and fairly in every case. Part of that job is to timely and efficiently rule on the motions that's before you. Yes it may take time, and yes it may be difficult, but it's your obligation. It's the oath that you've sworn to under--undertake. So as a judge, as a trial judge, both a State trial judge and a magistrate judge, although it's very time-consuming in cases going through Motions for Summary Judgment, I've always taken the time to look at those motions carefully. And as a former appellate judge, I kind of have a feeling and an idea of what the appellate judges are looking for, as well when you grant dispositive motions. So I feel that I've been able to efficiently rule on those motions timely and move the cases along with minimal costs to the parties. Judge Bennett. If a dispositive motion has merit, it should be granted. The rules of procedure provide for that and, if you follow the rule of law, dispositive motions will be granted if they have merit. Senator Lee. Great. Okay. So my time is about to expire so I'm going to save this question just for our Utah nominee. Justice Parrish, when we're looking at a question of statutory interpretation, these questions will arise constantly in the court to which you've been nominated. When you approach those are you bound by the original meaning of the text, and if so, when there is uncertainty as to the original meaning of the text, how do you resolve the case, how do you decide the case? Justice Parrish. I absolutely agree that the text is where you go and in most cases the text will provide the answer. There may be some few cases of first impression where that's not the case. Of course, in the U.S. District Court you would also be bound by any Tenth Circuit precedent or Supreme Court precedent interpreting that same statute. I believe that it is important to look at what the meaning of that text would have been to the framers who adopted the Constitution or to the legislators who adopted a particular statute. I think if you look at the opinions that I have authored over my 12 years on the supreme court, they begin with a text. There are some rare occasions where the text doesn't provide the answer and in that case, of course, you look at how the text is situated in the document. You see if there are other portions of the statute that shed light on the meaning of that text. And as a last resort, you can turn to well-accepted principles or canons of statutory construction to fill in any gaps. Senator Lee. Great. Thank you very much. I see my time's expired. Thank you, Mr. Chairman. Senator Cornyn. Thank you, Senator Lee. Senator Cruz. Senator Cruz. Thank you, Mr. Chairman. I want to welcome each of the four of you here, congratulate you on y our nominations to a very important post. Each of the men and women gathered here are very impressive. You have assembled serious professional accomplishments over long and distinguished careers. I would note the three Texas nominees, you have gone through a long and grueling process that involved going through the Federal Judicial Evaluation Committee that Senator Cornyn and I have established where your backgrounds, your practice, were carefully scrutinized by some of the most experienced and respected attorneys in the State of Texas, in a bipartisan manner. And each of the three of you with respect to the Texas nominees came through with flying colors and so you have impressed your colleagues with your diligence, and integrity, and practice of law. So I congratulate you with that. Senator Cornyn and I have had the opportunity to visit with each of you as well, and you've impressed us as well which--I'm a pushover, but getting John on board is pretty tough. So, I congratulate you on that. I'd like to ask each of the four of you at the outset simply a question, which is, briefly, how would you describe your judicial philosophy? Judge Bennett, why don't we start with you? Judge Bennett. Thank you, Senator Cruz. When I first started on the bench one of the things that I said I wanted to do was impress my mom if she was sitting in the back of the courtroom. So that means, to me, to be respectful to the litigants who are before me, to listen, to make sure that when they leave that courtroom, that they feel that they have had a fair and impartial hearing before a judge. When a litigant has been treated respectfully, has been heard, and has had an impartial ruling, the ends of justice have been served. Senator Lee. And I do have to ask you, is your mom sitting here in the hearing room today? Judge Bennett. Yes, sir. [Laughter.] Senator Cruz. Well, welcome. And I have every doubt that today you have satisfied that test--or every certainty, rather. Judge Hanks. Thank you, Senator, for that question. You know, growing up in Louisiana, my dad taught me that if ever you're faced with a difficult decision in life, whatever it is, always treat people the way you'd want to be treated, with dignity and with respect. And if you do that, no matter what the issue is, you'll always come to the right conclusion. As a judge, my judicial philosophy has been to honor the oath that I've taken as a judge, to always treat the litigants the way I would want to be treated, or my family members would want to be treated, in court, with dignity and respect, and to evaluate and adjudicate all matters that come before me fairly and justly under the law, and in everything I do, both in my personal life and on the bench, to protect and preserve the confidence that people have placed in the Judiciary Committee and the integrity of the legal justice system. And I've done that for the last 14 years on the bench and I would continue to do that as a district judge. Judge Olvera. Thank you, Senator Cruz. It's a pleasure to see you here today. My judicial temperament is based on a theory of humility and respect. Humility as a judicial public servant and respect for the legal system. My judicial philosophy is cored in four elements that I adhere to: a duty and commitment to the rule of law; number 2, courtesy and respect to any and all before--that appear before the court; number 3, a work ethic--a hard work ethic to move the docket quickly and efficiently; and last, to have a constant goal to issue fair, consistent, and sagacious rulings that come before the court. Justice Parrish. Thank you, Senator. If I am fortunate enough to be confirmed, I will take this position with no personal agenda whatsoever other than to apply the law and to treat everyone with courtesy and respect and to afford them procedural fairness. And I think it's always important to keep in mind that while a judge may hear many matters over the course of a day, or a week, or a month, that for the litigants who were involved in those cases, that case is likely the most important or one of the very most important things going on in the life of those individuals at that point in time. And I think if the judge can keep that in mind, then that puts the rest of it into perspective and it makes the judge more inclined to work harder, to keep an open mind, to be completely impartial and to apply the law. Senator Cruz. Well, let me thank each of you. And with the Chairman's indulgence, if I may ask one more question, which is, I'd like to ask each of you to define judicial activism and to articulate your views as to a judge's obligation not to engage in judicial activism. Why don't we start with you, Justice Parrish? Justice Parrish. Thank you, Senator. I believe that judicial activism is when a judge brings an agenda to the bench, when a judge is willing to substitute his or her own views and to take that into account as opposed to the law. Then that could be judicial activism. It could also manifest itself if a judge decides issues that aren't squarely presented or issues that don't need to be decided. Judge Olvera. Thank you, Senator Cruz. I concur with my colleague's opinion. I would define judicial activism as a judge who fails to follow his duty to follow the rule of law and promote personal beliefs in contravention of said duty. I believe my judicial record is a proven asset in that I have consistently applied the rule of law over these past 12 years and, if confirmed, I would commit to you and the citizens of this great country to continue to do the same. Judge Hanks. I concur with my colleagues, my fellow nominees. A judicial activist is someone who fails to honor the oath that they've taken as a judge to uphold the law and apply it fairly, to leave their personal feelings out of their decisionmaking, and to not honor the needs and desires of the litigants, that is, to put their needs before that of the litigants. In my 14 years on the bench I have honored that oath, and I would continue to honor that oath if I'm privileged to serve as a district judge. Judge Bennett. Thank you, Senator Cruz. I agree with my fellow nominees. I believe that if you uphold our oath as a judge you will not have a personal agenda in the courtroom, you will not have your finger on the scales of justice, and that you will fairly and impartially administer the law. Senator Cruz. Thank you to each of you, and congratulations again. Senator Cornyn. That is it for our hearing for today. I would just like to again express my appreciation to each of you and your families for being here before the Committee and answering all of the questions and enduring all of the process that led up to this point, as well as the hectic schedule of the Senate when votes intervene right in the middle of what you thought was going to be a smooth and efficient hearing. The record will remain open for a while, to be determined by the Chairman, at which time there may be additional questions submitted to you in writing. And so if there are I hope you will pay attention to those and timely respond. I'm not sure there will be, but there's--that's part of our usual process. With that, let me thank you again for being here with us today and congratulations on making it this far. The next step will be for the Chairman of the Judiciary Committee to schedule a mark-up to actually vote on those nominations, and that will be--I'm sure his staff will be in communication with you about what that likely time table will be. So with that, the Committee is adjourned. [Whereupon, at 6:03 p.m. the hearing was adjourned.] [Additional material submitted for the record follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Questions Submitted to Hon. Alfred H. Bennett, Hon. George C. Hanks, Jr., Hon. Jose Rolando Olvera, Jr., and Hon. Jill N. Parrish by Senator Cruz [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Questions Submitted to Hon. Jill N. Parrish by Senator Grassley [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Responses of Daniel Henry Marti to Questions Submitted by Senator Vitter [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] NOMINATIONS OF KARA STOLL, NOMINEE TO BE A U.S. CIRCUIT JUDGE FOR THE FEDER-AL CIRCUIT, AND ROSEANN A. KETCHMARK, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MISSOURI ---------- WEDNESDAY, MARCH 11, 2015 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 10:04 a.m., in Room SD-226, Dirksen Senate Office Building, Hon. Charles E. Grassley, Chairman of the Committee, presiding. Present: Senators Grassley, Tillis, and Franken. Chairman Grassley. I am not going to make an opening statement until my two colleagues have made their statement. If you are ready, Senator Blunt and Senator McCaskill. Senator McCaskill, you are the senior Senator, so we will start with you. Senator McCaskill. I am going to defer to my colleague. Chairman Grassley. Then, Senator Blunt. STATEMENT OF HON. ROY BLUNT, A U.S. SENATOR FROM THE STATE OF MISSOURI, INTRODUCING ROSEANN A. KETCH-MARK, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MISSOURI Senator Blunt. Well, I am pleased to be here, Chairman. I thank Senator McCaskill for deferring to me. I have got an appropriations hearing on Armed Services and I am going to be leaving to go there, but that should not be a reflection of any lack of enthusiasm for this nominee. I think Roseann Ketchmark will do a great job as a judge. I am supportive of her. Looking at her background, I think we will all be impressed the more we find out about her. She spent 4 years while getting her law degree as a registered nurse. She served for 12 years on the advocacy board for the Child Advocacy Center. This is something that, in the last Congress when we extended the Victims of Child Abuse Act, many of us got to be more familiar with those centers and the good work they do than we would be otherwise. I am not personally well connected to the Ketchmark family, but I have lots of friends who are. And by the way, her family is here with her today. Her husband, her brother-in-law, her three children, all proud of her, as they should be. But I am well connected with people that she has worked with and for. She worked for the Jackson County prosecuting attorney, who is a friend of mine. She worked for the Platte County prosecuting attorney, who is a friend of mine. She worked for--when Senator McCaskill was the Prosecutor in Jackson County, obviously worked for a Democrat. She worked for a Republican prosecutor in Platte County. She worked for a Republican U.S. Attorney and a Democrat U.S. Attorney and in all cases, they are supportive of her and her work and an advocate for her as we talk about this judgeship for the U.S. District Court Judge for the Western District of Missouri. I hope the Committee reports her out favorably and I intend to support her not only today, but on the floor. Senator McCaskill. STATEMENT OF HON. CLAIRE McCASKILL, A U.S. SENATOR FROM THE STATE OF MISSOURI, INTRODUCING ROSEANN A. KETCHMARK, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MISSOURI Senator McCaskill. Thank you very much. Thank you, Senator Grassley, and thank you, Senator Blunt. I am honored to be here today to lend my support to Roseann Ketchmark for a position on the Western District Federal bench. I have known Roseann since I took office as Jackson County Prosecutor in January 1993. She was an Assistant Prosecutor in the Office. And when you run a prosecutor's office, many days it feels like you are herding cats, and I am not talking about the criminals. I am talking about all the Type A personalities you have in the office, because people who are attracted to the work of a prosecutor, many types have--well, let us say maybe a heightened sense of self, to put it diplomatically. Roseann stood out to me because she did not. Roseann was a trained nurse and as I grew to know my staff, I was always struck by the fact that she was not capable of showboating. She was not capable of trying to get the light to shine on her. She had no sharp elbows. She kept her head down and worked incredibly hard and produced a quality product, and by product, I mean her time in the courtroom. There are different ways to be effective in a courtroom. There are some lawyers that are very effective in a courtroom because they know how to fill the space with their personality. There are other attorneys that are good in the courtroom because they gain the confidence of the jurors, and that is the kind of trial lawyer that Roseann Ketchmark was. That is the kind of prosecutor she was. Because she was so good at her job, I designated her as the lead child homicide prosecutor in my office. Now, that is an enormous responsibility. And imagine the psychology of that job. Imagine the stress of every day knowing you had to open files and become very familiar with sets of facts that no one should ever have to read about, much less relive day in and day out as you prove to our criminal justice system that someone deserves to be locked up for killing a child. I was sad when she got another job, but it was a promotion and it is always encouraging when people you work with in your office are succeeding and moving on. And she went on to work for, as Senator Blunt mentioned, a Republican prosecutor in the adjoining county. He quickly realized that she was the kind of manager and prosecutor that could be a mentor, someone who could train young lawyers and who could help run his office, and she was the first assistant, which is the most important job--that is like a chief of staff in the Senate--in terms of making sure the office runs well. She did such a good job there that she was then recruited away to the U.S. Attorney's Office, where she has done remarkable work for 14 years under U.S. Attorneys that were appointed by Republican Presidents and U.S. Attorneys that were appointed by Democratic Presidents. The one thing that I always like to find out about when I am looking at candidates to have a lifetime appointment is how do the people who work with them feel about them, how do the lawyers that are on the other side of cases feel about them, how do judges view them. And in this case, Roseann Ketchmark is at the top of everyone's list. And these are from very liberal criminal defense lawyers who I disagree with a lot on many things to the most conservative Federal judges. Roseann has incredibly high references. And I am not sure, Senator, that you will have very many judges that will come before you, potential judges, judges that are seeking confirmation, that have been a lead lawyer in a jury trial over 75 times. She has participated in more than 100 trials, and when you have been--and in front of 28 different judges. So Roseann Ketchmark knows a good judge when she sees it because she has been in a courtroom in front of 28 different judges, which allows you to view what works in a courtroom, what habits do judges have that are respectful of the litigants, what judges show how hard they have worked in terms of really understanding the issues in front of them, not just something that has been written by their staff, but something they fundamentally grasp and understand. So I think this is going to be a superior appointment, a superior confirmation. I really want to tell you how much I appreciate, Senator Grassley, you holding this hearing today. I know that it is hard to figure out who gets in front of the Committee and who does not at this point, and I know I speak for Senator Blunt that the State of Missouri is very grateful that you are giving her an opportunity to appear in front of you today. Thank you very much. Chairman Grassley. It is not our tradition to vote people out of Committee just because of two speeches like yours, but it probably means that they are going to have a smooth ride. [Laughter.] Chairman Grassley. Thanks to both of the Senators. Thank you very much. If the two people would come to the table and before you sit, normally I do not have people stand up to swear, but as long as you are standing up, let us do it this way. [Nominees are sworn in.] Chairman Grassley. Thank you. Both affirm that. Before I introduce Ms. Stoll, I will give my opening statement, because I wanted to defer to my Senate colleagues, because they are busy with other Committees and I thank them very much for their introduction of Ms. Ketchmark. And I will introduce Ms. Stoll in just a minute. OPENING STATEMENT OF HON. CHARLES E. GRASSLEY, A U.S. SENATOR FROM THE STATE OF IOWA Chairman Grassley. Today we will hear from two nominees to the Federal bench: Kara Stoll, nominated to be Circuit Judge for the Federal Circuit, and Roseann Ketchmark, nominated to be District Judge for the Western District of Missouri. Anybody that has statements to put in the record, the record will remain open for a few days for my fellow Senators to do that. I would now go to the introduction of Ms. Stoll, because, Ms. Ketchmark, I will not be introducing you because you have already been introduced so well. The nominee, Ms. Stoll, is currently a partner in the Washington, DC, office of Finnegan, one of the world's largest intellectual property firms. Ms. Stoll graduated from Michigan State University in 1991 with a degree in electrical engineering. She worked as a patent examiner in the U.S. Patent and Trademark Office for 6 years. In 1997, Ms. Stoll graduated from Georgetown University Law Center. After graduation, she clerked on the Federal circuit for Judge Schall. Ms. Stoll joined Finnegan in 1998 as an associate, made partner in 2006. Her legal career has focused on the area of patent litigation. In addition to her patent litigation practice, she often appears on panels and gives lectures addressing certain developments of intellectual property law. In 2013, she was named a Washington, DC, quote, unquote, ``Super Lawyer'' in intellectual property litigation. Ms. Stoll has also taught courses on Federal circuit practice and procedure and patent law and public policy at Howard University School of Law and George Mason University School of Law. Now, we will start with Ms. Stoll. Before you make your opening statement, you have an opportunity to introduce any family and friends or professional associates that you have with you that you want us to know about. Since there are not so many people here, you will not have to stand, but if you would raise your hand so we know who you are. Would you proceed? And then I will call on Ms. Ketchmark after Ms. Stoll makes her opening statement. STATEMENT OF KARA STOLL, NOMINEE TO BE A U.S. CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT Ms. Stoll. Thank you, Chairman Grassley. I would like to first start by thanking President Obama for nominating me. I would like to thank Chairman Grassley, Ranking Member Leahy, and the Members of the Committee for scheduling this hearing. I am so grateful to be here and for your consideration. For introductions, I am fortunate to have lots of family and friends here with me to support me today and I would like to first introduce my husband, Tom Stoll, and thank him for his unending love and support. I would like to introduce our three children: Jackie, Braden, and Tessa. And I would like to introduce my parents, Jack and Jackie Fernandez, and thank them for teaching me the value of hard work and getting a good education. I would like to introduce my wonderful brother- and sister- in-law, Bob and Suzanne Stoll, and my nephew, Michael Stoll, and thank them for their love and support. And last, but not least, I would like to introduce my wonderful assistant and friend for the past 14 years, Susie Plinsky, and my partner and mentor, Mike Jakes, and my many other friends and colleagues who are here from Finnegan, the United States Patent and Trademark Office, and the court. I am so grateful to have had the opportunity to work with and learn from them. And last, but not least, I would just like to thank any friends and family who are watching. Chairman Grassley. Thank you. Now, would you like to proceed with any statement you want to make? You do not have to make a statement, but if you want to, this is the time to do it. Ms. Stoll. I do not have a statement. Thank you. Chairman Grassley. Now, we go to Ms. Ketchmark. Before you do that, since we have not had a Member of the Minority speak yet and if you had a statement for the Minority or for yourself, I should give deference to you at this point. Senator Franken. You should. [Laughter.] Senator Franken. Oh, I have nothing to say. [Laughter.] Chairman Grassley. Now, Ms. Ketchmark. STATEMENT OF ROSEANN A. KETCHMARK, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MISSOURI Ms. Ketchmark. Good morning, Chairman Grassley and the distinguished Members of the Committee. Thank you for the opportunity to appear before you today and for considering my nomination. I am honored and grateful to be nominated to this important position. I would also like to thank my Senators from the great State of Missouri, Senators Claire McCaskill and Roy Blunt, for all of their past and their ongoing support for me and for their kind introductions. With me today is my husband, David, and our three children. Our oldest is Nick, who is a second-year student, a biochem major, at the University of Missouri. Our daughter, Jill, is in the 8th grade. And our youngest, Josh, is in the 6th grade. Also here today is my brother-in-law, Michael Ketchmark, and his law partner, Scott McCreight. I am also delighted and honored to have Judge Gary Fenner with me today. He is a Federal District Judge with the Western District of Missouri. Again, thank you for considering my nomination and I look forward to answering your questions. Chairman Grassley. What we will do is we will do five rounds by order of people coming in, first recognizing Senator Tillis and then Senator Franken. I will start. I am going to start with Ms. Stoll. How do you expect your experience as a patent examiner at Patent and Trademark Office will impact your judicial decisionmaking process? Ms. Stoll. Thank you. I think that I have a wealth of experience that would help me in my position, were I lucky enough to be confirmed. That experience that I had at the Patent Office introduced me to concepts of patent law. I learned how to quickly learn new technology and to quickly and efficiently reach decisions. And I also have, as you mentioned, a lot of other experience, including representing plaintiffs and defendants. So I can understand both sides of the issues. Chairman Grassley. The second question to you: the American Invents Act created by the Patent Trial and Appeal Board. Post- grant review proceedings which place appellate jurisdiction in the U.S. Court of Appeals for the Federal Circuit. Because this process is relatively new, the Federal circuit has considered and is expected to face a number of cases of first impression. If there were no controlling precedent was a dispositive on an issue with which you were presented, to what source would you turn for persuasive authority? Ms. Stoll. If I were fortunate enough to be confirmed, I would--and there were no controlling precedent, I would, of course, turn to the governing law, whether it be a statute or regulation, and I could also consult other sources if necessary. For example, we could review decisions that although are not binding, but might be advisory, from other circuit courts or in other areas of the law, but first and foremost, I would consult the statute and any other governing law. Chairman Grassley. I probably should have asked the next question before I just asked that one. What would be the principles that would guide you or what methods would you employ in deciding cases of first precedent? Ms. Stoll. Just to clarify, did you say cases of first impression? Chairman Grassley. Yes. I think I said impression wrong, but go ahead. Thank you for the correction. [Laughter.] Ms. Stoll. Thank you, Chairman Grassley. I would first look to whatever the governing law is. The Federal circuit often is hearing cases involving statutes, and so I would turn to the statute and look to the plain language of the statute. I could also consult decisions from other circuit courts or from the Supreme Court in analogous areas of the law or cases that might not be binding, but nonetheless could be instructive. Chairman Grassley. In a recent article co-authored by you, IP Litigator, when discussing the Federal circuit, you stated, quote, ``A Federal Circuit appeal requires the parties to move beyond recitation of technical arguments; thus, including in the PTAB record, where possible, facts for developing compelling equitable and/or policy arguments and then highlighting those facts on appeal can be important to the eventual outcome. The Federal Circuit must consider how its decisions will affect not only the present parties, but future litigants, as well.'' I would like to have you elaborate on it. And then second, what weight will equitable and/or positive arguments play in your decisionmaking process? Ms. Stoll. Well, first of all, I would just like to say that I recognize that there is a difference between the role of an advocate and the role of a judge. And if I were fortunate enough to be confirmed, I would apply--I would, with full faith, apply the law to the facts to determine the correct outcome. I do not think that equitable considerations should factor into it if, when you apply the law to the facts, you have an-- you have the right outcome. Chairman Grassley. I am going to go to Ms. Ketchmark now. And if my colleagues will give me a little time over 5 minutes so I do not have to go back for a second round. Ms. Ketchmark, you served as a prosecutor for many years. Early in your career, you were profiled in a local newspaper article as rising star. That is quite a complimentary thing. In this article, you discussed your work on child molester and sex offender cases, which are often difficult cases to prosecute as they involve emotion with children and families. You were quoted as saying, quote, ``I don't enjoy punishing, yet consider what they do to the children,'' end of quote. Later on you said that, quote, ``Penitentiary doesn't help anyone,'' end of quote. So I would like to ask you about that particular comment. Could you please explain what you meant by that statement? For instance, do you believe a judge should balance seeking justice for victims and punishments with the need of rehabilitation for offenders? Ms. Ketchmark. Thank you, Chairman Grassley. The penitentiary is very valuable for a number of reasons. Statistically, it may not have the highest rehabilitation value that we would hope, but it does serve to punish. It does serve to deter and it does help the victims for just making them-- securing punishment for the victims. So I do want to make sure that, and I think my record reflects that, I think prison systems are very valuable and needed, especially in child molestation cases. Chairman Grassley. If confirmed, are there any crimes or types of offenders that you would have difficulty sentencing to a long prison term if the statute mandated one? Ms. Ketchmark. No. Chairman Grassley. In another article, you mentioned that prosecutors sometimes agree to, quote, ``weak plea deals to save children the trauma of trial,'' end of quote. I can imagine, as a prosecutor, these are difficult decisions that you or other people have to make. If confirmed, you will be presented with plea deals from time to time that you will need to accept or reject. How would you balance these considerations as a judge? Ms. Ketchmark. Thank you, Chairman Grassley. There are a number of factors that go into plea negotiations. Regarding crimes against children and sex crimes, one of the factors is the trauma, especially of children, testifying in a court proceeding. Disclosing their first sexual experience to jurors is very scary. I do think that that is a factor in plea negotiations. I do not think that children testifying is particularly therapeutic. So I do believe that is a valid consideration when you discuss dispositive dispositions of criminal cases. Chairman Grassley. For both of the nominees, I will have additional written questions and other Members that cannot be here will probably have additional questions for answer in writing. We usually do not schedule to be on the agenda until we get those responded or you could be on the agenda, but maybe not taken up until you have responded to all those questions. Senator Tillis, I was making a judgment first come, first answer, based upon what we used to do in the Finance Committee when I was Chairman. The precedent here dictates that I go to Senator Franken before you. Senator Tillis. Thank you, Mr. Chairman. I recognize Senator Franken was here far later than me, but I do think it is appropriate he goes first. [Laughter.] Senator Franken. I ask that that be stricken. [Laughter.] Chairman Grassley. So ordered. Senator Franken. Thank you, Mr. Chairman. My first question is for Jackie, Braden, Tessa, Nick, Jill and Josh. [Laughter.] Senator Franken. If your mother is confirmed, would you refer to her, as you are supposed to, as Your Honor? [Laughter.] Senator Franken. I got a ``no'' from Josh and, for the record, no response from the others. [Laughter.] Senator Franken. Ms. Ketchmark, congratulations on Josh. [Laughter.] Senator Franken. Ms. Stoll, congratulations on your nomination. One of the issues we have been wrestling with here in the Senate is patent litigation. In the last year, the Supreme Court has issued several rulings on patents that some have suggested may have the effect of curbing some of the bad practice we have seen from patent trolls. Those decisions, such as the Court's decision in Alice Corporation v. CLS Bank, tighten requirements for obtaining certain patents and make it easier for people to challenge the validity of patents. And we have seen reports that the number of new lawsuits filed by patent holders for infringement have dropped. Based on your experience in patent litigation, do you agree with those who believe that the Court's recent decisions have resulted in fewer complaints being filed? What other factors do you believe may be contributing and to what extent, if any, do you see these developments helping small businesses and retailers affected by the abusive litigation practices? Ms. Stoll. Thank you for your question, Senator. I am familiar with those Supreme Court cases, of course, and I am also familiar with the problems that you are mentioning. And I can tell you that if I were fortunate enough to be confirmed, I would apply Supreme Court precedent faithfully to the facts before me. And I also would apply any legislation that Congress enacted faithfully to the facts before me. Senator Franken. But you have no opinion on whether these decisions have tamped down at least a little bit what the effect of has this been. Ms. Stoll. I do think that those decisions have made it easier to show that patents are invalid and--or that they are not eligible under--for patent validity under 35 U.S.C. Section 101. I do think that it--those decisions have made it so defendants have an easier time to present in their litigation against patent owners, but I do not know whether there has been a reduction in litigation. And, again, I would just emphasize that I would follow whatever law Congress enacted. Senator Franken. Sure. Ms. Ketchmark, as the Chairman said earlier, in your career as a prosecutor, you tried crimes against children and sexual assault cases on children. As I understand it, these cases can pose unique challenges as law enforcement and victims' advocates work together to bring the perpetrator to justice while countering the impact of the assault on the victim and it is impossible to overstate the devastating effect that these assaults have on the victims. In many parts of the country, prosecutors have recognized the value of using a coordinated multidisciplinary approach in these cases to keep victims safe and assist them in participating in the prosecution. Child advocacy centers, or CACs, are the center of the strategy, epicenter of it. These centers bring together law enforcement, child services, mental health professionals--I do not have to tell you this. I am saying it for everybody else--to coordinate treatment for the victims with the investigation and prosecution of child abuse cases, and I understand that you served on the board of a CAC for many years; is that correct? Ms. Ketchmark. Yes, sir. Senator Franken. Based on your own experiences in the field, can you explain how CACs and other resources for survivors of sexual assault and domestic violence aid in the prosecution of these crimes and why is it so important that local law enforcement and advocacy organizations have resources like CACs? Ms. Ketchmark. Thank you, Senator, for the question. CACs--I am, obviously, an advocate of child advocacy centers. I currently sit on the advisory board at the child advocacy center in the northen part of Kansas City. The focus of the child advocacy centers is to conduct a forensic interview of the children. That is a one-time interview that is coordinated with all members of, as you mentioned, law enforcement, prosecution, counseling, medical, and treatment disciplines so that the children are not going from office to office repeating the trauma that they have been through. Senator Franken. Thank you. Thank you, Mr. Chairman. Chairman Grassley. Thank you, Senator Franken. Now, Senator Tillis. Senator Tillis. Thank you, Mr. Chair. Ms. Ketchmark and Ms. Stoll, congratulations. Good to see a proud group of supporters back behind you, as well. I do have to tell you, in a relative short political career of 8 years, this has already been a remarkable hearing because it is the first time I have ever heard attorneys waive their right to be able to make a long written statement. [Laughter.] Senator Tillis. So that already reinforces my positive predisposition toward both of you before you came in here. In all seriousness, congratulations. I look forward to supporting your nomination. Ms. Stoll, I have just a few questions. One of them relates to the disturbing reports we have heard about the backlog of veterans' claims that will come before your bench. I know that the statutes limit the scope of review for the Federal circuit when they are hearing veterans' appeals. They give you a fair amount of latitude to set aside regulations that are arbitrary, capricious, and I think, hopefully, that means to streamline the process. I think in 2013, about 13 percent of all the cases you all heard were veterans' appeals, veterans' claims appeals. Have you had an opportunity to look into this process and do you have any thoughts or ideas on how we may be able to-- hopefully a lot will be cleared in pre-appeal, but the ones that ultimately have to come before you, any thoughts on things we can do to make this a priority and help clear the backlog and do the right thing for the veterans? Ms. Stoll. Thank you for your question and your interest in that area of the law. I have represented veterans in various pro bono veterans' appeals before the Federal circuit and it is an area of law that is important to me. I am not that familiar with the problem you have mentioned, but I can tell you that, if I were lucky enough to be confirmed, I would do my best to learn everything I needed to fairly and impartially decide those cases and do everything I need to get totally up to speed on the veterans' appeals. Senator Tillis. I hope you will make it a priority. In a State that has as many veterans as some States have citizens, it is personally very important to me and it is obviously important to all veterans across the country. I only have one other question. And, Ms. Ketchmark, I am not asking you questions for a lack of interest, but I am deferring to my Members and their very high regard for you and since the matters that would come before you would not involve North Carolina, I am just focusing a little bit more on Ms. Stoll. Ms. Stoll, I only have one final question. I think your experience in intellectual property and patents is extraordinary and I think it will be great experience to bring to the bench. I did have a question about any experience that you may have with respect to international trade or areas where your past experience may be relevant. Ms. Stoll. I did clerk at the Federal circuit and during that time I was introduced to other areas of the court's jurisdiction, including international trade. I think that because I have such an extensive background in patent law, I am hopeful that I will be able to start running quickly with those kinds of cases and that the other areas of the court's jurisdiction, including international trade, I will devote all my efforts to try to get up to speed as quickly and efficiently as possible. Senator Tillis. Thank you. And by the way, I have kids and I have for 8 years tried to get them to call me Your Honor and they will not do it either. So you are right, Josh. Thank you. Chairman Grassley. Are you done? Before you folks leave, I want to bring up something to Ms. Stoll. This is not a question. It is not anything you have got to do with. But, you know, from the Merit Service Protection Board, appeals go to the circuit you are going to be on. I have been a long-time advocate of whistleblower protection and so that appeal goes out. So I want to make you aware of something and there is no implication in my statement that you do not have to follow the law. But if you look statistically at the number of whistleblower cases that have been appealed to this circuit, whistleblowers have a miserable record of winning. And I do not know whether--I am just giving you a feeling that there is not the proper--I know you are going to tell me, well, they are just interpreting the law against the facts. But I think there ought to be more careful, based on the statistics of whistleblowers losing so many cases before it, that there is a proper consideration of the importance of whistleblowers in our system of government. I guess I will leave it at that. That is not a lawyerly way of expressing my view, but it is a political way of expressing my view and I hope that you will be very careful about how you handle whistleblower cases. Ms. Stoll. Thank you, Chairman Grassley, for your interest in that important area of the law. I have no background in Whistleblower Protection Act, but I can tell you that, if I am fortunate enough to be confirmed, I will do what I can to faithfully apply the statute and award protection warranted. Chairman Grassley. I want you to know that I did not expect you to give an answer now and whatever you said now will not be used against you. [Laughter.] Chairman Grassley. Thank you very much. You are dismissed. Committee meeting adjourned. We will get questions to you within 1 week. So all the Members be aware of the 1-week limit. The meeting is adjourned. [Whereupon, at 10:40 a.m., the hearing was adjourned.] [Additional material submitted for the record follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Questions Submitted to Roseann A. Ketchmark And Kara Stoll by Senator Cruz [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Questions Submitted to Roseann A. Ketchmark And Kara Stoll by Senator Vitter [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] NOMINATIONS OF HON. DALE A. DROZD, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALIFOR-NIA; HON. ANN DONNELLY, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK; LAWRENCE J. VILARDO, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NEW YORK; AND, LaSHANN DeARCY HALL, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK ---------- WEDNESDAY, MAY 6, 2015 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 2:18 p.m., in Room SD-226, Dirksen Senate Office Building, Hon. Thom Tillis presiding. Present: Senators Tillis, Schumer, Klobuchar, and Franken. OPENING STATEMENT OF HON. THOM TILLIS, A U.S. SENATOR FROM THE STATE OF NORTH CAROLINA Senator Tillis. Good afternoon, everyone. We are going to go ahead and get the Committee started. I want to welcome you all to what is, I believe, the fifth nominations hearing by the Judiciary Committee. Today we will hear from four nominees to the Federal District Courts: Dale Drozd, to be United States District Judge for the Eastern District of California; Ann Donnelly, to be United States District Judge for the Eastern District of New York; Lawrence Vilardo, to be the United States District Judge for the Western District of New York; and, LaShann DeArcy Hall, to be the United States District Judge for the Eastern District of New York. Welcome to you all and especially a welcome to Ms. Hall's little daughter out there. Thank you for joining us. I know your family must be very proud. You should be. This is quite an honor for you to come before this Committee for the nominations process. I do have a statement from the Chairman that I will submit for the record. [The prepared statement of Chairman Grassley appears as a submission for the record.] Senator Tillis. At this time, I believe that we will go directly to Senator Boxer. So, Senator, if you would like to introduce your nominee. STATEMENT OF HON. BARBARA BOXER, A U.S. SENATOR FROM THE STATE OF CALIFORNIA, INTRODUCING HON. DALE A. DROZD, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA Senator Boxer. Mr. Chairman, thank you so much, Members of the Committee, nice to be here. I am honored to be here. Before I introduce, formally, Judge Drozd, and introduce you to his family, I want to thank you so much for this, because we have got a serious problem in the Eastern District. It has been declared a judicial emergency. Cases are piling up. We do not have enough judges to review them. This is an area of the State that is growing rapidly. And according to the Judicial Conference, there are 1,000 cases per active judge in the Eastern District--1,000 cases per active judge--one of the highest caseloads in the Nation. With only one acting judge sitting in Fresno, judges in Sacramento have had to take over some of the civil cases. Now, this is a district where the Judicial Conference has recommended doubling the number of judgeships to just handle the current caseload. We just cannot allow this seat to be vacant any longer because as we all know, justice delayed is justice denied, and that is happening to too many Californians. Fortunately, we have a real consensus candidate for this vacancy and I would ask Judge Drozd and his wife, Janette, and their two sons, Doug and Paul, to stand, please, and just wave to the Members. We all know how important family members are to those who seek public office and we welcome them. The Judge has been serving as a magistrate judge on the U.S. District Court for the Eastern District since 1997. Since 2011, he has served as Chief United States Magistrate Judge for the Eastern District. Thirty-five years ago he served as a law clerk to Judge Lawrence Karlton, Judge of the United States District Court for the Eastern District. Prior to taking his position as a judge, he worked in private practice in our State's capital, Sacramento. The Judge received his bachelor's degree in 1977 from Cal State University at San Diego and he won his law degree from the University of California at Los Angeles School of Law, where he was a member of the Order of the Coif. His 18 years on the bench serving the people of the Eastern District and his previous years in private practice make him an excellent candidate to fill this vacancy. In closing, I am proud to be here today with Judge Drozd, who received a unanimous ``well qualified'' rating from the American Bar Association. I would like, again, to thank this Committee for holding this hearing and moving forward on this important nomination, and I look forward to working with you as the process moves forward. Mr. Chairman, thank you for your courtesy. Senator Tillis. Thank you, Senator Boxer. I know you have a very busy schedule. Of course, you are welcome to stay as long as you can, but feel free to leave when you deem it necessary. Senator Schumer. OPENING STATEMENT OF HON. CHARLES E. SCHUMER, A U.S. SENATOR FROM THE STATE OF NEW YORK, INTRODUCING LAWRENCE J. VILARDO, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NEW YORK, AND HON. ANN DONNELLY, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK Senator Schumer. Thank you. Good morning. Good afternoon. Time flies when you are having fun. Thank you, Chairman Tillis, Senator Franken, Senator Gillibrand, my colleague in New York, and Senator Boxer, my dear friend since 1982 when we both were in Congress together. I want to thank Chairman Grassley for scheduling this hearing. These nominees have been waiting patiently for a long time. I am thrilled that the Committee is finally moving forward with their nominations. It is important to them, but more important to the districts they serve, which need them desperately. Three of the four nominees before our Committee have been nominated for seats designated as judicial emergencies. Now, that does not mean something like there are a whole lot of fires or robberies. It means we do not have enough judges on the bench to cover the cases and the backlogs are horrible. The fourth, Mr. Vilardo, from my home State, from Buffalo, is nominated to the court where there are no currently active judges sitting. That is how bad this backlog is. Buffalo has one of the busiest Federal court systems in the country and also one of the worst backlogs of cases. It can take 5 years--5 years for a case to go to trial. Imagine how long you would have to wait for justice. It is a serious issue. So I am grateful, Mr. Chairman, that we are taking a step forward and addressing it today. There are no more important values than the speedy application of justice and the right to petition the Government for redress of grievances and, frankly, neither of these can be achieved without judges on the bench. Western New York has a backlog of cases and a current dearth of judges. We need a candidate of Mr. Vilardo's experience and quality to get approved by this body with all due speed so this issue can be addressed. So now let me turn to the introduction of the two outstanding lawyers whom I have had the pleasure and privilege of recommending to the President for nomination. First, Lawrence J. Vilardo, for the Western District, which is mainly Buffalo, Rochester, and the western section of New York. And many people from New York City and its area forget that we have a huge population Upstate and the Western District has millions, certainly over 2 million people who live there, bigger than some States. Mr. Vilardo is a true Buffalonian, you can tell just by talking to him, and he is going to be a credit to the bench in his hometown. He received his bachelor's degree from Canisius College, a great Western New York Institution that I have had the pleasure of visiting many a time. He graduated summa cum laude. He then attended Harvard Law School, graduated magna cum laude. Having gone there, I know how hard it is to graduate magna cum laude at Harvard Law School. I did not. [Laughter.] Senator Schumer. While in law school, he was an editor of the Harvard Law Review, a distinction he shares with our President. Following his graduation from law school, Mr. Vilardo clerked for the Honorable Irving Goldberg of the Court of Appeals for the Fifth Circuit in Dallas, Texas, but fortunately for Western New York, he quickly went back home and founded one of the leading law firms of the region. Throughout his distinguished career, Mr. Vilardo has always made time to give back and help mentor and inspire younger lawyers. Prior to starting his own firm, he served as an appellate practice faculty member at SUNY Buffalo School of Law and as a constitutional law faculty member at Canisius Law School. He also served as a senior editor for the American Bar Association's litigation journal. He is a frequent speaker on appellate justice and legal ethics, among other topics, at law presentations and bar association seminars. Mr. Vilardo's credentials are certainly excellent, something I look for in all judges. I look for three criteria when I choose judges. They are excellent, they should be legally excellent. I do not want too many political hacks or any political hacks on the bench. They should be moderate. As you might imagine, I do not like judges too far right, but I also do not like them too far left because judges at the extremes tend to want to make law rather than follow the law. And I look for diversity. When we can have a diverse bench, it is a great thing and young kids can look up to that bench and aspire to be on it one day themselves. So he meets the criteria of excellence and of moderation and he is respected by practitioners and judges across the political and ideological spectrum for his even temperament and fair-minded way of thinking. And he is fundamentally a classic Buffalonian. I just love Buffalo. I love going up there. What is a classic Buffalonian? Salt of the earth, honest, grounded. Buffalo is in Larry's bones. It is part of who he is. And like so many other people from the region, the city has made him tough, level-headed, fair, and decent. So Western New York will be incredibly lucky to have him on the bench. Now, let me turn to Judge Ann Marie Donnelly, who currently serves in the New York State Courts. Judge Donnelly is a graduate of the University of Michigan, received her JD from Ohio State University College of Law. Upon graduation, Judge Donnelly joined the New York County DA's office, one of the finest State Prosecutor Offices in the Nation. She served for a quarter of a century and her reputation there is legendary. When you mention that you know Ann Donnelly to anyone who has served in DA Morgenthau's office, one of the finest DA's offices in the country, they say she was one of the best. She is really admired, even though she has been out of that office for quite a while now. She accumulated recognitions and awards along the way. She worked in the Appeals Bureau and appeared regularly in the Appellate Division and the New York Court of Appeals. In 1989, she was assigned to the Major Offense Career Criminal Program, a specialized bureau that targeted repeat offenders and violent felons. And 2 years later, Judge Donnelly was promoted to senior trial counsel and became a member of the Sex Crimes Prosecution Unit. In 2005, she was named bureau chief of the Family Violence and Child Abuse Bureau; and, in 2009, she joined New York State's Court of Claims. Over the past 6 years, her assignments have the supreme courts, which is what New York calls its trial courts, of three different counties, including New York County, where she currently serves hearing criminal cases. Her stellar academic record, her lengthy career in public service, years she has spent honing her judicial acumen, all clearly qualify Judge Donnelly as an excellent candidate for the bench. However, Judge Donnelly has more than just a brilliant resume. She is, at her core, a kind, thoughtful and compassionate person. Anyone who knows her or who has interacted with her even briefly knows she is fair and open- minded, has the temperament to make her well suited to be a Federal judge. She cares about the law and the legal profession. In addition, her many years of judicial and government service, in addition to those, she has helped cultivate the next generation of lawyers. She is a fellow in the American College of Trial Lawyers, regularly judges mock trials Moot Court competitions. She serves as a judge for the Jerome Prince Memorial Moot Court competition at Brooklyn Law School. She is even on the advisory board for the Thurgood Marshall mock trial program. That is for seventh and eighth grade students as they prepare and try a criminal case. I also must add, Mr. Chairman, with the confirmation of Judge Donnelly and Ms. DeArcy Hall from the Eastern District, our bench will remain one of the most diverse judicial districts in the country. I want to say one more thing. She has a great family, because I know Ann well, and she will introduce them, but it is a great sight to see them all from all over, Pennsylvania, Massachusetts. She was raised in Ohio. Her father was a mayor. He is looking down from heaven and very proud, I know that. So I am going to ask just the whole greater Donnelly family to stand. You will see it is a great sight. Please get up, all you Donnellys. There they are in their glory and they are a great family. I know many of them. So nice to see them all here and so proud of Ann's great accomplishment today. So let me just say, Mr. Chairman, you can see these are two immensely qualified candidates for the Federal bench. They are erudite, they are experienced, they are deeply respected throughout New York. Beyond that, each one has a spirit for public service that shines through in their respective roles as teachers and leaders in the legal community. I hope, I pray that we can move quickly to move them through the Committee and onto the Senate floor. Finally, I will leave the introduction to Senator Gillibrand, who nominated Ms. DeArcy Hall, but I just want to acknowledge that this is another terrific nominee and I commend Senator Gillibrand for recommending her. Thank you, Mr. Chairman. Thank you to our judicial candidates and for their greater families that have come along to share their joy. Senator Tillis. Thank you, Senator Schumer. Senator Gillibrand, you may introduce your nominee. STATEMENT OF HON. KIRSTEN E. GILLIBRAND, A U.S. SENATOR FROM THE STATE OF NEW YORK, INTRODUCING LaSHANN DeARCY HALL, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK Senator Gillibrand. Thank you, Mr. Chairman. Thank you to Senator Schumer for his excellent introduction of our nominees today. I have the very special honor to be here to introduce LaShann DeArcy Hall and offer my strong support for her nomination to the United States District Court for the Eastern District of New York. I would like to thank President Obama for acting on my recommendation and nominating another superbly qualified female jurist to the Federal bench. Ms. DeArcy Hall's credentials are outstanding and her experiences as a lawyer are varied and diverse. Our country would be stronger with women like LaShann DeArcy Hall serving on the Federal bench. Ms. DeArcy Hall is currently a partner at the international law firm of Morrison & Foerster, where she specializes in high stakes, complex commercial litigation. She has years of valuable experience as a public servant, including time serving as a commissioner with the New York State Joint Commission on Public Ethics, which oversees New York State's and executive and legislative branches' compliance with ethics and lobbying laws and regulations. In 2011, Ms. DeArcy Hall was appointed by Mayor Bloomberg as a commissioner of the New York City Taxi and Limousine Commission. She also served as a member of the Board of Trustees for the Neighborhood Defender Service of Harlem and she is a member of the Howard University School of Law Board of Visitors. She is a graduate of Howard University School of Law and she served as a member of the United States Air Force. In other words, LaShann DeArcy Hall is a highly accomplished lawyer who has chosen to use her intellect and skills for the greater good of public service. For her work in promoting diversity in the legal profession, Ms. DeArcy Hall was honored by the New York City Bar Association as the recipient of the 2009 Diversity Champion Award. And if her nomination is approved, her presence would add much needed diversity, another female voice, to our Federal bench. I have no doubts that Ms. DeArcy Hall's experience and qualifications make her a superb candidate for this judgeship. She is dedicated to serving the citizens of New York and she is committed to making her city, State, and Nation more fair and just. LaShann DeArcy Hall will be an excellent jurist on the Federal bench and I was very honored to recommend her for this position and I urge swift approval of her nomination. Thank you, Mr. Chairman. Thank you, Committee Members. Senator Tillis. Thank you, Senator Gillibrand. Again, I know you are busy. So please feel free to leave when you need to. If we could have the nominees come forward and stand. If you will please raise your right hand. [Nominees are sworn in.] Senator Tillis. You may be seated. Before we get started, we will provide you all with an opportunity, if you wish, to make an opening statement and to introduce your family. We will actually just start from left to right to make it easy. So we will start with you, Mr. Drozd. STATEMENT OF HON. DALE A. DROZD, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA Judge Drozd. Thank you, Senator. I would first like to take the opportunity to thank Senator Boxer for her very gracious introduction, as well as her recommendation of my nomination to the President. I would also like to thank Chairman Grassley and Ranking Member Leahy, as well as the rest of the Committee, for scheduling this hearing, as well as to Senator Boxer's staff, her judicial selection committee, and Senator Feinstein and her staff; and, finally, of course, to the President for bestowing on me the honor of the nomination itself. I am lucky enough to have with me quite a few family and friends today, many of whom made their way all the way from California. The most important, of course, my wife of 32 years, Janet Vine, who has steadfastly supported me and our sons in everything that we have ever done. Also, my son Doug, our oldest, who graduated from Claremont McKenna College and works in Sacramento, is here with us, as is my son, Paul, who was able to take a few days off of his final quarter at Cal-Poly Pomona and catch the red-eye flight and get in this morning. I also have with me my sister-in-law and brother-in-law, Dave and Amanda Hall from West Sacramento; my cousin, Christine, and her husband, Rich, from Phoenix, Maryland; my niece, Lauren, who is attending graduate school here at Georgetown University; our cousin, Jennifer Nebo, who, along with our cousin, James, her husband, and their newborn, Carter, reside here in Washington, DC; and, finally, our longtime family friend from here in Washington, Bobby Masally, is also here with us. Not here, but I know watching on the webcast today, are my brother, Don, in Orange County, California, and his entire extended family in the Pacific Northwest; my sister, Lisa Tobey, along with her family, from Minnetonka, Minnesota, I know is watching, as are all of them. My brothers and sisters-in-law, Jimmy, Janice, Harry, and Diane back in Sacramento; and, all of my hardworking colleagues, chamber staff, and clerk's office staff in the Eastern District of California. Finally, with me in spirit here today I know are my mom, who passed away in 2013, as well as my dad, who passed away in 2004. My dad was quite an accomplished individual. He served on a destroyer escort at the end of World War II, came out of the Navy in Southern California, went to work as a plumber at the LA County USC Medical Center and eventually became the executive director of the entire hospital. I know they would be proud. Senator Tillis. Thank you, Judge Drozd. I know that from time to time, when I am on C-SPAN, my mom still posts on Facebook how proud she is. So, I am sorry that your parents are not here to see this, but congratulations, Judge Drozd. Judge Donnelly. STATEMENT OF HON. ANN DONNELLY, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK Judge Donnelly. Thank you, Senator Tillis. I would like to thank Chairman Grassley and Ranking Member Leahy for scheduling this hearing. Senator Schumer, I so appreciate that kind introduction. I would like to thank the President for the honor of this nomination. I would like to congratulate my fellow nominees on their nominations and their accomplished careers. I am very lucky, as Senator Schumer said, to have quite a few people here with me today. First, is my husband of 30 years, Michael Toth. We are here with our--we are very proud of our two daughters, Rebecca Toth and Margaret Toth. They are here with their boyfriends. Maggie is here with Andy Worley and Becky Toth is here with Dan Jones. My mother, my wonderful mother is here from Ohio, Mary Donnelly. My sister, Sarah Hopkins, is here with her husband, Dr. Jeffrey Hopkins, and their three wonderful girls, Callie Hopkins, Josie Hopkins and 5-year-old Jane Hopkins. My brother, Dr. Thomas Donnelly, and his wife, Dr. Heidi Donnelly, my beloved sister-in-law, are here with their wonderful daughter, Imelda Donnelly. My dear friend, Audrey Moore, is here, as is my dear friend and mentor, Linda Fairstein. My two brothers, Bill Donnelly and John Donnelly, are back in Ohio with their families. And my wonderful mother-in-law, Mary Toth, is in Michigan. I would also like to acknowledge my wonderful colleagues on New York State Supreme Court and for all of their guidance and friendship in my time as a judge. And finally, I would like to mention two people that I wish very much were here, my wonderful father-in-law, Edward Toth, and my father, Jack Donnelly, who would have had an excellent time at this hearing and I know that he is--I know that he is watching. And I appreciate the opportunity to appear before you and I look forward to answering your questions. Senator Tillis. Thank you, Judge Donnelly. Mr. Vilardo. STATEMENT OF LAWRENCE J. VILARDO, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NEW YORK Mr. Vilardo. Thank you, Mr. Chairman. And thank you to the Members of the Committee, especially Chairman Grassley and Ranking Member Leahy, for giving me an opportunity today that until now I did not even dare to dream about. I would like to thank the President for nominating me, and I would like to especially thank Senator Schumer for that very warm and generous introduction and also for having the confidence in me to recommend me to the White House. With me today is the love of my life, my wife of 32 years, Jeanne Vilardo; our daughter, Dr. Brigid Vilardo Lyons, who is a child psychologist practicing in Western New York, and her husband, Patrick Lyons, who is more like a son than a son-in- law and is working with the Social Security Administration in Western New York. Our daughter, Lauren Vilardo is here. After 2 years volunteering with the Jesuit Volunteer Corps, Lauren decided that she wanted to serve under-served populations by working in the medical profession. And so she is studying to be a doctor by taking the biology and chemistry classes that are required for that. She was a physics major in college at the University of Buffalo. And also our son, Alexander Vilardo, who is working as a volunteer this year at his and my alma mater, Canisius High School, as part of their alumni volunteer corps. Alexander will attend law school at the University of Buffalo this fall. Also, my nephew is here from New Jersey, Carroll Legg, and today is his birthday. So happy birthday, Carroll. With me today are some of my very closest friends, former Ambassador Howard Gutman and his wife, Dr. Michelle Loewinger. From the class of 1973 at Canisius High School: Jim Shed, John McGrath and Bill Parachek. And a recognition of a few people who are not here. First and most important, my parents. Both of them are no longer with us. Neither of them had any more than a high school education, but both of them had an appreciation of how important education is, so that they insisted that their four children attend college and they encouraged us to go even further than that. I know they are watching from a better place. I would also like to acknowledge, in that regard, my brothers, Mark Vilardo, Dr. Joe Vilardo, and Dr. Michael Vilardo. I would also like to acknowledge my in-laws, Mr. and Mrs. Carroll Gambino, who are watching on the Internet, if they can figure how the computer works. [Laughter.] Mr. Vilardo. And I would also like to acknowledge all my family and friends back in Buffalo who are watching, especially my partners, our associates, and the staff at the best law firm anyone could dream about working at, Connors & Vilardo. Thank you, Mr. Chairman. Senator Tillis. Thank you, Mr. Vilardo. And I know I speak on behalf of all Americans for thanking Buffalo for the chicken wing. [Laughter.] Senator Tillis. Football has never been the same. Ms. Hall. STATEMENT OF LaSHANN DeARCY HALL, NOMINEE TO BE A U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK Ms. Hall. Thank you, Senator Tillis. I would like to thank Chairman Grassley, Ranking Member Leahy, and the entire Committee for scheduling this hearing today. My heartfelt thanks go to Senator Gillibrand for her recommendation and for her kind introduction, and as well to Senator Schumer for his support. Of course, I must extend my thanks, as well, to President Barack Obama for the honor of his nomination. I hope that you will indulge me just a few minutes more as I recognize my family and friends. Thank you to my husband, Courtney Caesar Hall, for his unyielding support through all of my endeavors, personally and professionally. To my greatest gift, my daughter, Jayden Hall, who reluctantly missed chess class to be here today. To my inspiration and my best friend, my mother, Patricia DeArcy. To my stepchildren, Terrence, Rachel, and Alexander Hall. My sister, Motique Iudeli, and my mother-in-law, Doris Hall. I would also like to say thank you to my dear friends who are here today, Kedric Payne, Monica Azare, and Saee Muzumdar. As well, to my partners and colleagues at the wonderful law firm of Morrison & Foerster, including my friend and partner, Jamie Levitt, my colleagues, Monica Castro and Joanna Zdanys, who are each here today. I must also extend a thank you to the entire Howard University School of Law family, many of whom came here today to support me, including my classmates, Eugene Akers, Aaron Taylor, Brandy Harden, Zahai Marshall, and Tamika Taylor, as well as Dean Coombs, Dean Mageahy, and my trial ad professor, Professor Goode. Finally, a thank you to all of my friends and family who have supported me personally and professionally throughout the years, many of whom are watching these proceedings from home. Thank you. Senator Tillis. Thank you all. And I would tell all the family and friends, again, welcome. I know it is a proud moment for you. It should be. Judge Drozd, I am going to start with you on questions. You presided over Greene v. Solano County Jail, a case where the maximum security inmate claimed that not being allowed to attend religious services was a violation of his religious liberty under the Religious Land Use and Institutionalized Persons Act and the First Amendment. I would like to have you focus your analysis under that Act. You held that not being allowed to attend religious services was not a substantial burden on an inmate's practice of religion, but the Ninth Circuit disagreed and also remanded to find whether a ban on group worship was the least restrictive means under the RLU--I hate acronyms--Religious Land Use and Institutionalized Persons Act. Do you agree with the Ninth Circuit's reasoning? Judge Drozd. Senator, of course, I was reversed in--my finding and recommendation was adopted and I was reversed. Senator Tillis. I know going into it you did not agree with them. Judge Drozd. I was reversed in that instance and, of course, I am bound by the decisions of the Ninth Circuit and would apply the holding in Greene and all future cases--and have and do. Senator Tillis. Where would you have disagreed on the reasoning? Judge Drozd. Senator, in Greene, I will say this. My recollection of that case is that the pro se plaintiff's pleadings were relatively challenging to characterize and to decipher, and that is quite often the case. I did my best to characterize what I believed to be the arguments and when the case went up on appeal, the Court of Appeals was able to discern a somewhat different argument, I felt, than what I believed that I had been presented with at the time. I am bound by their determination and would follow it. Beyond that, I have no other thoughts. Senator Tillis. Thank you. Ms. Hall, in your questionnaire, you stated that you worked on a pro bono death penalty case early in your career. Can you describe the work you did on that case? Ms. Hall. Thank you for the question, Senator. My role on that case involved an argument with regard to jury selection and the argument specifically went to the ineffective assistance of counsel in the jury selection, as well as the improper conduct of the prosecutor in that case. And in that role, I was an advocate advocating on behalf of my client. Senator Tillis. And could you give me an idea of your views on the constitutionality of the death penalty? Ms. Hall. I believe that the constitutionality of the death penalty is well settled and it is deemed constitutional. Senator Tillis. And if confirmed, would you be able to impose the death penalty on a criminal defendant, if required by law? Ms. Hall. Yes, I would. Senator Tillis. Thank you. Mr. Vilardo, I think throughout your career you have had some involvement with supporting members of political parties as an advisor, donor or fundraiser. There is, of course, nothing wrong with that. This said, should you be confirmed, your political history might concern some litigants who appear before you. So what assurances can you give this Committee, if confirmed, your decisions will be grounded in legal precedent and the text of the law rather than any political ideology? Mr. Vilardo. Thank you for that question, Senator. I really have been involved in politics precious little in Western New York. It has usually been when a friend has asked me to get involved. I am proud to say that I have support from both sides of the aisle in Western New York and the Republican support is every bit as strong as the Democratic support. And I can assure you that once confirmed, if I am fortunate enough to be confirmed, lifetime tenure means that you owe nothing to anyone and I would owe no debts, I would follow the law, I would follow the rule of law, I would follow the precedent from controlling jurisdictions by which I am bound and apply the law as dispassionately as possible. Senator Tillis. Thank you. And, Judge Donnelly, from your questionnaire, it appears that you have limited experience with civil matters either in practice or as a judge. If confirmed as a Federal district court judge, you will be presiding over both civil and criminal matters. What have you done or will you do to prepare yourself for that side of the law? Judge Donnelly. Thank you for that question, Senator Tillis. In my 25 years as an Assistant District Attorney and in my 6 years as a State court judge, I have been lucky to have been challenged by very complicated cases and have been required to get up to speed quickly on issues that I was not previously familiar with, such as complex securities fraud, white-collar cases, and violent crime, as well. With respect to getting up to speed on civil matters, I am committed to hitting the ground running. I plan to take advantage of all of the resources that are offered by the Federal Judicial Center, as well as consulting with my colleagues on the Federal bench, and I look forward to that challenge. Senator Tillis. Thank you. Senator Franken. Senator Franken. Thank you, Mr. Chairman, and congratulations on your meteoric rise. [Laughter.] Senator Tillis. Say that again, my mom is listening. [Laughter.] Senator Franken. Mrs. Tillis, congratulations on having a son who is Chairman this early in his Senate career. You are welcome. [Laughter.] Senator Franken. I do not think we have had this much family and friends here at a hearing. So congratulations to all of you for having a lot of friends. [Laughter.] Senator Franken. Ms. Hall, in addition to your considerable experience in civil litigation and commercial law, your background also reelects a commitment to public service. Former Mayor Bloomberg appointed you to serve on the New York City Taxi and Limousine Commission, for example. But one experience in particular caught my eye, which is your service on the New York State Joint Commission on Public Ethics, which is tasked with ensuring compliance with New York State ethics and lobbying laws. Can you tell us how your experience on that commission, where you participated in confidential hearings and considered sensitive information, will influence your work as a judge? Ms. Hall. Thank you, Senator. I believe that my work on the New York State Joint Commission on Public Ethics, as well as my public service on the Taxi and Limousine Commission and my service in the United States Air Force, has helped me develop the temperament that I think is important and necessary for a district court judge. In particular, I believe that I had to demonstrate fairness, integrity, thoughtfulness, and hard work in my service on both of the commissions, as well as my time in the United States Air Force, and I believe that I would take that temperament, if given the opportunity, in my service on the Eastern District of New York. Senator Franken. So I take it that you think that fairness, integrity, thoughtfulness and hard work are good qualities to have in a judge. Ms. Hall. Yes, I do. Senator Franken. I was trying to trick you. [Laughter.] Senator Franken. Mr. Vilardo, I would like to find out more about your experience as it relates to judging. My understanding is that you clerked for Judge Irving Goldberg on the Fifth Circuit Court of Appeals. Mr. Vilardo. Yes, sir. Senator Franken. What did that perspective teach you about sitting behind the bench and weighing the arguments of two sides equally? What other experiences put you in a position of arbiter rather than advocate? Mr. Vilardo. Thank you for that question, Senator. Yes. The experience clerking for Judge Goldberg was a fabulous experience. It taught me about fairness and impartiality. It taught me about waiting and listening to everything that the litigants had to say and making a decision afterwards. It taught me about making decisions, too. It is so important to make decisions quickly, not so quickly that you have not given consideration to all the arguments, but quickly enough that you move cases along, because as Senator Schumer said earlier, there is quite a backlog in the court. So I was taught that by my clerkship experience. I have also been fortunate enough to have served as a hearing officer and as an arbitrator in a number of cases and that has taught me the perspective of not being an advocate, of looking down the middle and being fair to both sides, and, again, not making up your mind until everybody has said everything that they had to say, and then deciding. Thank you. Senator Franken. Thank you. Judge Donnelly, as the Chair said, you have a lot of experience in criminal cases, not just in your current role as judge, but in your career as a prosecutor. But nonetheless, I would imagine that sentencing convicted defendants must be one of the most difficult jobs that you face as a judge. Could you talk about the approach you take to sentencing and how that has been informed by your time as a prosecutor and, looking forward, how you would balance the need for sentencing with the need for rehabilitation in particular cases? Judge Donnelly. Thank you for that question, Senator Franken. Yes, you are correct that imposing sentence in a criminal case is among the most difficult parts--difficult tasks that a judge faces and the factors the judge is obligated to consider when determining the sentence to impose includes many factors, the severity of the crime, the effect on the community where I am currently sitting in Manhattan, the effect on the particular victim, and the defendant's background, as well. The cases that I have been presiding over most recently often involve devastating crimes to our communities, involving gang violence and murders, and the sentences are necessarily heavy. But frequently in our courts we see very young defendants and that is the place where I believe that our judicial system has the opportunity to perhaps turn someone around. In New York, you have the opportunity of affording a defendant youthful offender treatment, which I have done on many occasions. It is certainly a risk to the--that a judge takes when you do that, but it is certainly one of the tools that you have to perhaps save someone from what is bound to be a life of crime if they are not turned around. Senator Franken. Thank you very much. Sorry, I did not get to you, Judge, but---- Senator Klobuchar. I will deal with him. Senator Franken [continuing]. Senator Klobuchar--I do not envy you. [Laughter.] Senator Franken. Thank you, Mr. Chairman. Senator Tillis. Senator Klobuchar, would you mind--we have no Republican Members present now--if I maybe ask just a couple more questions before you proceed? Senator Klobuchar. That is fine. Senator Tillis. Thank you. Judge Drozd, when you were a defense attorney, you were quoted in an article saying--I believe this is the correct quote--``Now the judge is almost irrelevant. You can bargain around the judge. You almost have to. When drug defendants plead guilty in Federal court, prosecutors usually drop some of the counts charged in an indictment, a move that frequently lowers the maximum possible sentence. In some cases, they drop all counts and substitute a charge carrying a lesser sentence.'' Does that accurately reflect your opinion and do you believe there is any value in mandatory minimums? And if confirmed, will you apply the mandatory minium sentences? Judge Drozd. Let me start with the end of the question first, Senator. I most definitely will apply all applicable mandatory minimum sentences where called upon by the law. In terms of that quote in that newspaper article from probably 20-some years ago, I was speaking as an advocate. That was my job at the time. And I certainly understand the difference between my job at the time and the job that I have served for the last 18 years as a United States magistrate judge and I think my record shows that. But I think actually what I was addressing in those comments, in large part, had to do with application of what was then the brand new United States sentencing guidelines; a little bit less on mandatory minimums, although to an extent it was. And my comment was meant to just point out that charge bargaining at the outset was affecting judicial discretion in terms of addressing an appropriate sentence in an entire case and that the discretion had, at that point, seemed to have been moved more into the hands of the Assistant United States Attorney who is electing what charges to bring, then being left to the judge at the end of the case when we knew what the result was going to be, and I expressed some concern about that. Senator Tillis. Ms. Hall, do you believe a judge's background has an impact on their judicial decisionmaking and how will your background inform decisions that you will make as a judge? Ms. Hall. Thank you for the question, Senator. I believe that a variety of experiences that we all have will inform the viewpoint with which or the lens with which we view the world. I do not believe, however, that my background will have any direct impact on any determination that I make, if I were fortunate enough to be confirmed as a judge. Instead, what would guide me as a judge would be the rule of law and I pledge today that if I have the opportunity to be confirmed, that I would adhere to the rule of law. Senator Tillis. Thank you, Ms. Hall. Judge Donnelly, can you identify any mistakes you made early in your judicial career that will help you as you transition into the Federal judgeship? Judge Donnelly. Well, the transition from advocate to a judge is definitely a learning curve and I have not catalogued the mistakes that I have made. I am sure they are--I am sure they exist. But my judicial philosophy in my 6 years on the New York Supreme Court has been one of a fidelity to the rule of law, a respect for the people who appear before me, according every witness, litigant, juror dignity, making sure that my rulings are transparent so that the reasoning is clear, and a work ethic which involves a thorough knowledge of the applicable law and the factual record, and I believe that adherence to that philosophy minimizes the mistakes that a judge is apt to make. Senator Tillis. Thank you, Judge Donnelly. Finally, Mr. Vilardo, you have represented numerous targets or witnesses in False Claims Act investigations. While attorneys must diligently and zealously represent their clients, your practice involving the False Claims Act has been focused on defending against whistleblowers' allegations. If confirmed, how will you handle such actions if they are brought before your bench? Mr. Vilardo. Thank you, Mr. Chairman, for that question. I will handle them the same way I handle all cases brought before me; that is, fairly and impartially by applying the rule of law. District judges are not elected by anyone. They do not sit on a panel with other judges who can hold them in check. They do not have en banc courts to look at what they do. They decide cases based on what the law is, not on what the law should be, not on what they think the law ought to be or what they wish the law should be. So handling whistleblower cases would be just like handling any other case; that is, applying the rule of law, applying precedent, and doing so fairly and impartially. Senator Tillis. Thank you, Mr. Vilardo. Senator Klobuchar, thank you for your indulgence. Senator Klobuchar. Thank you. I will start with you, as I promised Senator Franken, Judge Drozd. I actually nominated--my first Federal judge here that I recommended to the President was also a magistrate. So I know how important that job is and I also know that you are the chief magistrate in one of the busiest districts in the country. So my question is just more about how you see the judicial system right now with your vast experience, what you see as some of the biggest challenges facing our judicial system. Judge Drozd. Well, Senator, thank you for that question. Maybe a little bit more of a parochial focus. Senator Klobuchar. That is allowed. Judge Drozd. Since our nose stays close to the grindstone in the Eastern District of California. We really are in a crisis situation. We have had one of the heaviest weighted caseloads in the country per active judge for over a decade now. That leaves us with an average pending caseload per active district court judge of--my understanding is over 1,300 cases pending per active district court judge right now. That has tremendous impact on our ability to deliver justice within our district. We have done the best we can with the assistance of the administrative offices and resources that we have been provided and we are doing pretty well. We are the second most productive district court in terms of dispositions per year in the country and we have been in the top five, I think, for most of the last decade, as well. So we are doing well, but that--we are performing well in terms of efficiency. I do not think we can perform any more efficiently. We have maxed out on that score. And the situation can only get better with additional resources. So for us, in our district, that is the biggest challenge and the biggest problem with our ability to deliver justice. Senator Klobuchar. Thank you. And I know that actually Chairman Grassley has been trying to make some changes to get the judges where the work is and I have actually joined in some of those efforts with Senator Feinstein. Minnesota has actually had one of the heavier caseloads in past years. I do not know where we are right now. But when we were trying to get temporary judges in place or other things, looking at it that way. So thank you for your point. Judge Donnelly, thank you for your service. I know that you actually, also, in your very extensive background here, you were chief of the Family Violence and Child Abuse Bureau in the New York District Attorney's Office and you saw firsthand the challenges we face in this country with the scourge of domestic violence and child abuse. I worked on those as a prosecutor for 8 years, those issues. I know your docket will be different now, but how does that experience inform your future as a Federal judge, if and when, and we hope you will be, confirmed? Judge Donnelly. Thank you for that question, Senator Klobuchar. You are right that these are among the most difficult cases to prosecute. With domestic violence victims and with child abuse victims, challenges in identifying the victims, many of whom are financially dependent on their abusers, challenges with very young victims, and many steps have been taken. It has been some time since I have been active in that role, but the use of child advocacy centers, where a child abuse victim gets all services at one location without the need for multiple interviews, and having the opportunity to work with those children was one of the most meaningful and affecting experiences of my life, to see children who have suffered so much to have been so resilient and so able to survive unimaginable situations. I hope that it will make me a better judge. I feel that it has in my 6 years on the supreme court. I am very lucky to have had that chance. I thank you for the question. Senator Klobuchar. Mr. Vilardo, I see that you served on the Harvard Law Review and Chief Justice Roberts was the editor. So, who do you think is the better editor of the Harvard Law Review, President Obama or--I am kidding, do not go there. [Laughter.] Senator Klobuchar. Do not answer that question. Senator Tillis. I will provide you extra time, Senator Klobuchar. [Laughter.] Senator Klobuchar. So I was just thinking of your experience as a civil litigator and a lot of times people that go into the Federal judgeships, but sometimes they also are criminal prosecutors, sometimes they are defenders. But what do you think you will bring to the table here as a civil litigator? I think we know a lot of the cases are civil and not everyone knows that. Mr. Vilardo. Sure. My experience actually is civil and criminal. I have done a good deal of criminal work, as well. But the broad experience that I have had, in addition, as an advocate, as an arbitrator and a mediator and a law clerk, I think position me well to do a good job as a district job, at least, I hope so. Senator Klobuchar. Very good. I am not going to bring up the Vikings-Buffalo Bills game. I do not know if you remember this, when your fans threw snowballs at our players during a playoff game. Mr. Vilardo. I apologize. [Laughter.] Mr. Vilardo. On behalf of the people of Western New York, I apologize. Senator Klobuchar. Thank you, thank you. I do not think I will hold it against you, but it did hit Chuck Foreman in the eye, but that is okay. It was a long, long time ago. But we remember those games when we were quite the contenders for the Super Bowl. My last question of you, Ms. Hall, is just--I would ask it of everyone, but I think we have a good panel here that have given some good answers. But I think one of the challenges for all judges is just you have litigants that come before you, some are rich, some are poor, some can afford really good lawyers and some cannot. And how will you assure them that you will treat them fairly? Ms. Hall. Thank you for the question, Senator. I believe that in my private practice, as well as in my service publicly on the Joint Commission for Public Ethics and the Taxi and Limousine Commission, that I have developed a reputation of treating people fairly at the Joint Commission on Public Ethics and the TLC, specifically those who appeared before the commission. I also believe that the way in which I would conduct my courtroom, if given the opportunity, would, I hope, let the litigants know that they are heard, that their cases have been given the adequate thoughtfulness and deliberation. And I also believe that if I adhere to the rule of law and apply the law to the facts in the case unbiasedly, that that should give litigants the assurance that they need that they were treated fairly. Senator Klobuchar. Thank you very much. And thank you, Mr. Chairman. I know I went a little over, but thank you for running a good hearing here. Senator Tillis. Thank you. That discussion about the Bills games reminds me of a Patriots game that I have yet to get an apology for. That was the snowplow game back in the 1980s. So I share your concerns. But I want to thank the panelists. Again, I want to congratulate you for being before us and having the honor to be nominated. You and your families should be very proud. We look forward. We are going to hold the hearing record open for 1 week for information to be submitted to the record. There may be some follow-up questions. But we appreciate your time today and I personally wish you the very best of luck. Thank you. [Whereupon, at 3:30 p.m., the hearing was adjourned.] [Additional material submitted for the record follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Questions Submitted to Hon. Ann Donnelly, LaShann DeArcy Hall, And Lawrence J. Vilardo by Senator Vitter [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Questions Submitted to Hon. Dale A. Drozd by Senator Vitter [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]
Meet Charee ‘Toni’ Harrison
Fair, an “ethical” banking alternative gearing up to serve immigrant and underbanked communities, recently appointed a new chief marketing officer in Toni Harrison.
A reporter in her early career, Harrison went on to head up Chicago-based PR firm Ten35, were she helped to lead initiatives for PepsiCo’s $400 million commitment to uplift Black communities.
Fair’s new CMO, Toni Harrison
Now Harrison, the granddaughter of Texas civil rights activist Lullelia Walker Harrison, is embarking on a start-up journey to close the racial wealth gap.
Fair says it refuses to recycle the dollars which have long been used to marginalise and impoverish the communities it’s seeking to serve.
Avoid your oppressors’ deep pockets
Atlanta-based challenger Greenwood, which focuses on Black and Latinx communities, landed $40 million from major US banks including JP Morgan Chase, Citi, and Bank of America last month.
“It’s like looking your oppressor in the face and asking them to be your saviour,” Harrison tells FinTech Futures.
A report by the Committee for Better Banks published last month found “racial bias [still] runs deep” through America’s largest banks.
“It just seems like a bit of a conflict in the value proposition, recycling dollars [and] keeping them in our communities. These are the very institutions that have made that hard.”
She adds that the fact these high street banks pay billions in fines but can only fork out £40 million across all of them for this demographic speaks for itself.
Fair’s banking partner is Coastal Community Bank. Founded 1997, it does have a history of putting its community first. The bank forgave the loans it gave to victims of the 2014 Snohomish County mudslide. “We did it to pick a fight with the big guys,” the bank’s CEO, Eric Sprink, told HeraldNet a year later.
According to Seattle Times, larger banks didn’t immediately offer blanket reprieve. This left many homeowners – almost all of which came from low-income families – with the prospect of paying for a mortgage on a house that no longer existed.
A rising racial debt
Instead of shrinking, the racial wealth gap has only continued to increase in the US.
According to McKinsey, it has risen from about $100,000 in 1992 to $154,000 in 2016. The debt owed to Black communities by the banking industry is simply rising.
And as of January 2021, Black and Hispanic Americans still pay twice as much in bank fees as white ones do, according to Bankrate.
Charles ‘Tex’ Harrison and a young Toni
Harrison is also the daughter of Charles ‘Tex’ Harrison, the first US basketball player to come from a historically Black college and university (HBCU).
“Conversations about generational wealth, and the difference between earning a salary and investing were dinner time conversations, for me,” explains Harrison.
Fair’s new CMO says the privileges she enjoyed growing up have empowered her to “want more people to have those”.
New financial opportunities
Focused on immigrant communities, Fair will offer customers products in multiple languages to bring down long upheld financial barriers. It is set to launch this spring.
By June, the start-up will have launched an equity-based lending service, alongside a 2% dividend of savings.
“Such opportunities to these sorts of consumers are really significant,” says Harrison, who likens Fair to a Costco membership.
Fair will charge a one-time membership fee of $99, either paid in-full or monthly for $9.99.
This provides “unlimited” access to Fair’s interest-free lending, investments, and insurance products.
Once it starts turning over a profit, the bank intends to donate 2.5% to refugee causes globally.
Fair currently has partnerships with World Relief and United Nations High Commissioner for Refugees.
“We have started programme development with both to create financial literacy content and educational materials for the refugees they currently serve,” says Harrison.
What’s next for Fair?
To date, Fair has raised some $20 million in investment commitments to bring its initial offering to market.
Prior to the raise, Fair’s founder and CEO, Khalid Parekh, invested his own funds to build into building the platform.
He then tapped his business and community networks for the $20 million. Before Fair, Parekh built Houston-based AMSYS group – a collection of small companies. They cover gallery signage, IT services, healthcare, capital investment, blockchain, and construction.
Whilst identities of individual investors have not been disclosed, Harrison tells FinTech Futures they “largely represent the immigrant and minority communities’ Fair aims to serve”.
“We do have ambitions to look at a Spac [special purpose acquisition company] down the road,” Harrison says.
Fair is conducting a soft launch to iron out the teething issues and digitisation bugbears, but plans a full go-live in early May.
Toni Harrison, recently appointed CMO for Fair, will leverage her award-winning multicultural expertise and disruptive approach to help impart meaningful social change in finance, banking and technology.
Fair, a multilingual bank and financial services platform, announced Toni Harrison as its chief marketing officer.
Harrison, an award-winning communications specialist, joins Fair following its successful $20 million raise ahead of its upcoming launch. Harrison’s previous experience includes leading multicultural strategies for brands that include Pepsi, Polaris, and McDonald’s.
Harrison’s experience and knowledge will be paramount for the fintech startup to be successful and Fair Founder and CEO Khalid Parekh believes she’s the right person to ensure its success.
“Fintech is a powerful tool that must be utilized to fuel positive social change, which is why we started Fair,” Parekh said in a release. “It demands a marketing approach just as disruptive and innovative as our offerings. Toni is the fearless leader to take on this challenge because she has the unconventional wisdom and dynamic thinking to launch Fair in the marketplace and change the industry for the better.”
Harrison previously served as managing partner and president of Ten35, a multicultural branding agency. During her time there, Harrison led part of Pepsi’s $400 million commitment to uplift Black communities. Harrison also devised and executed strategies for Polaris Inc.’s entry into the multicultural space.
Harrison said she is excited about joining Fair and impacting social change.
“My journey to Fair is paved with purpose and intention,” Toni said in a statement. “What matters most is connecting with diverse consumers on their terms, inspiring systematic changes to create opportunities [for] everyone and yield impact for those who need it most. With this in mind, I knew it was time to step back from the agency and join Fair’s movement to impart significant social change.”
Harrison joins a field with little Black and female representation. According to Fair, less than 2% of technology executives are female and Black. Harrison isn’t shying away from the spotlight because she wants to be part of the change.
“Leadership requires going beyond titles and job descriptions—it requires us to make contributions to our industry, community, and society,” Harrison said. “We are currently at the intersection of skyrocketing growth in online banking, a growing racial wealth divide, and a lack of representation in the boardrooms that have the power to make a difference. Fair is designed, in part, to fill this void, and I am honored to help lead the charge.”
Foodie House, LLC filed as a Domestic Limited Liability Company (LLC) in the State of Texas on Tuesday, September 2, 2014 and is approximately nine years old, as recorded in documents filed with Texas Secretary of State.
ON THE MOVE TEN BAY, LLC is a Texas Domestic Limited-Liability Company (Llc) filed on December 3, 2021. The company’s filing status is listed as In Existence and its File Number is 0804335906.
The Registered Agent on file for this company is Toni Harrison and is located at 4931 Braes Valley Dr., Houston, TX 77096. The company’s principal address is 4931 Braesvalley Dr, Houston, TX 77096-2704.
The company has 2 contacts on record. The contacts are Michael Bollich from Houston TX and Toni Harrison from Houston TX.
Meet the Outlaw’s Inlaws
CHARLES HARRISON OBITUARY
On Nov. 20, 2014, Charles “Tex” Walker Harrison went home to be with the Lord.
He is survived by his daughters:
Olivia Tanyel Harrison-Bennett (Alfred),
Lullelia Tenó Sigmon
and
Charee Tonett Harrison (Michael Bollich);
four grandchildren:
Seth Alexander Sigmon,
Charles Harrison Bennett,
Shane Henderson Bennett
and
Solomon Harrison Sigmon;
mother-in-law Olivia Cary,
and a host of other relatives and friends throughout the world.
He was preceded in death by his parents Alexander and Lullellia Walker Harrison; his wife Tommye Cary Harrison, and brother Alexander “Pete” Harrison.
Home-going services will be held Tuesday, December 2, the wake/pre-service begins at 10:00 a.m. and the funeral will take place at 12:00 p.m. Both will be held at Wheeler Avenue Baptist Church, 3826 Wheeler Ave, Houston, TX 77004. Interment will immediately follow at Golden Gate Cemetery, 8400 Hirsch Rd, Houston, TX 77016.
Charles “Tex” Harrison was an American basketball player, born in Indiana and raised in Texas, who played and coached for the Harlem Globetrotters for six decades.
HARRISON, LULLELIA WALKER (1913–2008).
Lullelia Walker Harrison, educator, community servant, and civil rights activist, was born on January 24, 1913, in Houston, Texas, to Franklin Pierce Walker, Sr., and Etta (Day) Walker.
Lullelia was the oldest of three children. Her father was a master carpenter and boat builder who ventured to Texas from Franklin, Louisiana, in search of work opportunities in the early 1900s.
Examples of his craftsmanship can still be found in the Fifth Ward community. Her mother was a direct descendant of Isaiah Cates Day for whom the city of Dayton, Texas, is named.
Lullelia’s parents settled in the Fifth Ward community of Houston and contributed significantly to the development of the area.
The family joined Mount Vernon Methodist Church, now one of the historical institutions and landmarks in the Fifth Ward.
Lullelia remained a member of the church until her death and served as church historian and a board of trustee.
In the early 1930s Lullelia Walker married Alexander Crystal Harrison, and the couple had two sons—
Charles “Tex” Harrison and Alexander Crystal Harrison II.
Her husband served as a regional manager for General Foods, Inc., and was a small business operator most of his life.
The Harrisons’ oldest son Alexander served as a regional manager for General Foods, Inc., and youngest son Charles was affiliated with the Harlem Globetrotters as a player and coach for fifty-plus years.
Education remained a significant focus of Harrison’s endeavors throughout her long life.
She attended Houston public schools and graduated from Booker T. Washington High School.
She earned a baccalaureate degree from Wiley College and then conducted graduate studies at the University of Chicago and Texas Southern University.
Wiley College eventually awarded her an honorary doctorate.
While attending Wiley College, Harrison, at the age of sixteen, joined Zeta Phi Beta Sorority, Inc., in 1929.
Throughout her years of service, she held numerous leadership positions, received countless awards, and raised funds for the sorority’s endeavors.
She held the following positions: 12th International Grand Basileus (national president), southern regional director, national executive secretary, coordinator of national projects, founder and national director of Amicae, and national historian.
In addition to being a Golden Life Member of the sorority, she was an active and faithful member of the Lambda Zeta Chapter in Houston.
During her tenure as national historian, she wrote the book, Torchbearers of a Legacy: A History of Zeta Phi Beta Sorority, Inc. 1920-1997 (1998).
As a civil rights activist, Harrison helped tear down racial barriers and was also known for her dynamic and eloquent speaking. In 1946 postal worker Heman Marion Sweatt was denied admission to the University of Texas at Austin’s law school because of race.
The NAACP Houston chapter filed a lawsuit against the school, and during the case, Harrison and others testified before the Texas legislature to gain support for the creation of a state university for Blacks in Houston.
A year later, the Texas State University for Negroes (renamed Texas Southern University in 1951) was established.
Harrison (as the only female on the committee) later spoke before the legislature again in support of the Heman Sweatt Victory Fund to help establish the Thurgood Marshall School of Law.
Harrison’s professional career encompassed teaching and counseling young people.
She taught English for one year at Colbert School in Dayton, Texas, followed by nineteen years of teaching English at Jack Yates High School in Houston.
She also spent seventeen years as a guidance counselor at Ryan Middle School.
She retired from Houston Independent School District in 1975.
Harrison was also involved with DePelchin Faith Home for many years and was the first Black to chair the governing board of the Negro Child Center, an office she held for more than twenty years.
In this position she initiated the move to equalize board rates for all foster parents and eventually made recommendations to abolish racially-separate boards. Because of her presence, minority representation increased and all programs were integrated.
Harrison’s retirement afforded her an enhanced opportunity to embrace a wide range of volunteer assignments for many diverse organizations.
Her enthusiasm and dedication to serving others resulted in a myriad of community service awards including the Community Leadership Service to Agency Award (from Sheltering Arms Senior Services), Savvy Award (from Foley’s and the Houston Chronicle), GAIA Award (from the Houston Grand Opera), Texas Star Award (from the YWCA), and Volunteer of the Year Award (from the United Way of Texas).
As part of her allegiance to community service, Harrison served on the board of directors of more than a dozen organizations including the Houston Chapter of the March of Dimes, United Way of Texas Gulf Coast, Houston Area YWCA, Hester House, and later the Blue Triangle YWCA/Multipurpose Center, Heman M. Sweatt Victory Fund, Florence Crittenton Center, National Association of Negro Business and Professional Women, DePelchin Children’s Center, Houston Advocates for Mentally Ill Children, Sheltering Arms Senior Services, Child Care Council of Greater Houston, Houston League Business and Professional Women, and the Houston Pan-Hellenic Council.
Lullelia Walker Harrison died at Methodist Hospital in Houston on October 11, 2008, and was buried in Houston’s Golden Gate Cemetery.
She was survived by her son Charles and seven grandchildren.
Judges and Lawyers Chane of Title to Land, Residential and Commercial Property Transfers and Sales – Laws In Texas https://t.co/9HbnasRIGx @uscourts #appellatetwitter
— lawsinusa (@lawsinusa) May 17, 2023
Chane Management, LLC
Chane 290 Investments, LLC
Formerly Chane Gessner Investments, LLC
CHANE 290 INVESTMENTS, LLC (Taxpayer #32075907405) is a business in Houston, Texas registered with Texas Comptroller of Public Accounts.
The registered business location is at Po Box 88051, Houston, TX 77288-0051, in the county of Harris.
The outlet business name is MCDONALD’S #27196, and the registered location is
2135 Highway 290 W, Brenham, TX 77833-5229, in the county of Washington.
The permit start date is on April 1, 2021. The business is a sales tax permit holder and franchise tax permit holder.
Chane Brenham Investments LLC
Formerly Chane Bissonnet Investments, LLC
Chane Beechnut Investments LLC
Chane QSE LLC
Chane Ella Investments LLC