Wayne Allard

Mr. ALLARD

Mr. ALLARD. I join my colleague from Arkansas in thanking Senators and thanking Senator McCain personally for his efforts on this amendment. It has been a delight to work in a bipartisan manner with the Senator from Arkansas. I also thank Senator Warner and his staff. All our staffs have worked hard, as this has been a last-minute amendment. We are happy to yield back.

Mr. ALLARD

Mr. ALLARD. No objection.

Mr. ALLARD

Mr. ALLARD. Mr. President, I suggest the absence of a quorum.

Mr. ALLARD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. ALLARD. Mr. President, I strongly support the confirmation of Tim Tymkovich as a Federal judge on the Tenth Circuit Court of Appeals. The nomination is before the Senate. I ask my colleagues to join me in supporting his confirmation. Two years ago, one of the most talented lawyers in the State of Colorado faced a rather large but very exciting dilemma. Most of us would not look at his particular situation as a dilemma at all but, instead, view it as a welcome set of exciting career opportunities. With the new administration filling vacancies and political appointments, he was offered the chance to serve the people of the United States, a chance to use his skills as a premier attorney through the Federal Government. This lawyer had practiced both civil litigation and appeals with an emphasis on regulatory and administrative law, particularly in the areas of telecommunications and public utilities. He served for 5 years as Colorado's solicitor general. He served as a law clerk to Justice William H. Erickson of the Colorado Supreme Court. With all this experience under his belt, he had to decide whether to pursue a career with the Department of the Interior under the leadership of fellow Coloradan Gale Norton or to continue working in his successful law practice and to answer the call of his countrymen and President and to strive to serve the Nation as a judge on the Tenth Circuit Court of Appeals. What choice did the attorney of whom I speak make? What path did Tim Tymkovich choose? He chose to pursue the Federal judgeship and to fulfill his sincere desire to lead a life of public service, a life dedicated to upholding the law and our Constitution. On May 25, 2001, President Bush nominated Mr. Tymkovich to the Tenth Circuit Court of Appeals. On February 12, 2003, under the leadership of Senator Orrin Hatch, the chairman of the Senate Judiciary Committee, Mr. Tymkovich finally received a hearing. Today, nearly 2 years later, the Senate has picked up his nomination for consideration by the entire body. Today's actions, 23 months after his nomination, move us closer to fulfilling the Senate's duty as laid out in the Constitution through the advise and consent clause of article II. This vote has been a long time in the making. After several letters, several floor statements, and almost 2 years after the original date of his nomination, Tim Tymkovich is finally getting an up-or-down vote. I thank Senator Hatch for moving his nomination out of the committee. I thank the majority leader, Senator Frist, for scheduling this debate and the vote later on today. The nominating process is a grueling one. To be confirmed, Mr. Tymkovich, along with his fellow nominees, put his life on hold to await action by the Senate on his nomination. In Mr. Tymkovich's case, he had to endure 2 years of uncertainty, not knowing whether he should change his law firm partnership, pursue other options, or wait for the Senate to grind forward, with each step and every decision scrutinized by the Senate. Undoubtedly, he had other career opportunities, other choices that would have led to remarkable successes. As you will recall, I mentioned the Department of the Interior possibility at the beginning of my remarks. Yet he chose to pursue the Tenth Circuit court nomination. As we have witnessed with the Miguel Estrada debate, the judicial nomination process has broken down into partisan politics and entrenchment, taking a heavy toll on the life of the nominee and on the quality of justice delivered to the American people. Today we have the opportunity to begin to correct this dangerous path we have been traveling. Tim Tymkovich has my unqualified support. Confirmation of his nomination by this body will prove to be a great service to the people of the United States. His nomination has enjoyed broad bipartisan support--support from judges and colleagues, both Democrat and Republican policymakers. I have a series of charts highlighting support for his confirmation, charts I would like to share with you today. The first chart quotes Roy Romer, former Governor of Colorado, and, I might add, former Democratic National Committee chairman who served under the tenure of President Bill Clinton and who is now superintendent of the Los Angeles United School District. Mr. Romer is a strong supporter of Mr. Tymkovich and has expressed his sentiment to the Judiciary Committee. Governor Romer, in a letter to the committee, wrote: Mr. Tymkovich served the State of Colorado from 1991 through 1996 during the latter part of my tenure as Governor of the State of Colorado. He served with distinction and was a strong advocate in legal matters for Colorado. He also demonstrated a capacity to work closely with Colorado Democrats, as well as Republicans, as Solicitor General. . . . He was always a straight shooter in giving legal advice to me and my top staff. Governor Romer believes his past legal experiences have given Mr. Tymkovich a broad understanding of the varied legal issues that may come before him on the Tenth Circuit. Governor Romer believes Mr. Tymkovich will bring strong legal credentials to the court and a judicial temperament that should garner the support of the Senate. I ask unanimous consent that the letter from Governor Romer be printed in the Record.

Mr. ALLARD. Mr. President, Mr. Tymkovich is well respected for his approach to the law and for problem solving. He manages cases and clients with civility and understanding, setting a high example for the legal community. On a second chart, I highlight excerpts from an editorial written by the Rocky Mountain News. On June 3, 2001, the paper editorialized: If Senators give Tymkovich a serious look, they'll find someone who combines intellectual heft and steady temperament. On February 16, 2003, the News restated their endorsement of Mr. Tymkovich, writing: We wish him prompt confirmation. Mr. President, I ask unanimous consent that the two editorials from the Rocky Mountain News be printed in the Record.

Mr. ALLARD. Mr. President, the Denver Post, a paper that endorsed Al Gore over George Bush, stated on May 30, 2001, that Tim Tymkovich: has gained a local reputation as a thoughtful, insightful attorney who knows the law and works hard to uphold it. . . .We urge the Senate to confirm Tymkovich to fill a seat that has sat vacant since 1999. . . . I ask unanimous consent that the Denver Post article be printed in the Record.

Mr. ALLARD. Mr. Tymkovich understands the West, its community, and its past. He has traveled extensively throughout the States of the Tenth Circuit with his wife Suzanne, a western historian and novelist, as well as an accomplished attorney in her own right. Together they traveled near and far, covering the old stomping grounds of legendary western figures such as Butch Cassidy and others. Undoubtedly, this deep knowledge of western heritage will aid in his duties and his understanding of the law, as well as the rich judicial history of the Tenth Circuit. Tim Tymkovich's commitment to public service is unparalleled. I have had many conversations with him, and know him to be a man of keen intellect and integrity. Through our many conversations, I have developed a strong understanding of Tim's deep commitment to public service and his strong personal respect for the rule of law in protecting people and the interests of the State. Tim Tymkovich's legal credentials reveal a man who values independence and fairness in the judicial process. A man who understands the implication of a lifetime appointment to our Nation's courts, a man who truly believes that there is no higher professional calling than to serve the American people through the impartial administration of the law. He will serve our Nation with the utmost of respect to our country and our Constitution, and for this reason, I urge my colleagues to vote favorably to confirm his nomination. No one has a better understanding of the character and intellectual prowess of an attorney than his or her co-workers and peers. The legal profession is filled with practicing attorneys, lawyers who work in private firms, in the public sector, and who serve the public from the bench. The impression left on other attorneys by encounters with them at various stages of litigation and negotiation is obviously an important factor in determining whether a nominee is well suited for the bench. They work day-in and day-out with the nominee and have first hand knowledge about the type of judge a particular attorney will make. At this time, I would like to share some of the comments made by Mr. Tymkovich's colleagues. In the third chart, I have reprinted a statement from William H. Erickson, former Chief Justice to the Colorado Supreme Court, and to whom Mr. Tymkovich served as a law clerk. Justice Erickson stated: I served on the Colorado Supreme Court for twenty-five years and had the privilege of working with a number of outstanding law clerks. Tim was one of the finest clerks that served in my chambers. He has an outstanding legal background that qualifies him for service on the Tenth Circuit. Justice Erickson has maintained a close relationship with Tim, his wife, and their two sons, and has expressed over and over again his strong belief that he would--and will--make a significant addition to the Tenth Circuit. In a letter to the Senate Judiciary Committee, Justice Erickson wrote that, As counsel to the Columbine Review Commission that investigated the Columbine High School shooting, Tymkovich served with great distinction and materially assisted the Commission's preparation of a report that hopefully will prevent other school shootings. In a letter to Senator Hatch dated January 23, 2003, five former justices of the Colorado Supreme Court urged the Senate's timely consideration of his nomination. The justices, including Justice Jean Dubofsky, wrote: Over the past nearly twenty years, each of us has had the opportunity to observe Timothy M. Tymkovich as a practitioner employed by or appearing before the Colorado Supreme Court. During that time, Mr. Tymkovich served as a law clerk employed by one of the justices of our court and later as counsel representing the State of Colorado before the Court. We have also had the opportunity to observe Mr. Tymkovich as an attorney serving in bar organizations such as the American Law Institute, the American Bar Foundation and as a staff attorney of public commissions. Based on our professional experiences, we are of the unanimous judgment that he is well qualified and most able to serve as an appellate judge of the United States Court of Appeals. This group of justices, coming from varied political backgrounds and differing professional experiences and diverse legal careers and different racial, gender and ethnic backgrounds, unanimously support the confirmation of Tim Tymkovich by the entire Senate. An endorsement of this kind cannot, and must not, be taken lightly. These justices, Jean Dubofsky, Joseph Quinn, William Neighbors, Gregory Scott, and Luis Rovira, consider Mr. Tymkovich to possess the necessary attributes of a Federal judge, and that Colorado and the Nation should no longer be subjected to undue delay on his nomination. The justices' letter ends with this powerful statement: . . . [W]e speak as one voice, resolute in our belief that the people are entitled to and that Mr. Tymkovich is most deserving of consideration . . . Mr. Tymkovich's experience, practice, public service, temperament and skills will serve the people of the United States well. Their unqualified support speaks volumes about Tymkovich's credentials. This powerful and unequivocal endorsement deserves repeating: . . . [W]e speak as one voice, resolute in our belief that the people are entitled to and that Mr. Tymkovich is most deserving of consideration . . . Mr. Tymkovich's experience, practice, public service, temperament and skills will serve the people of the United States well. This statement deserves our attention and our respect. I ask for unanimous consent that the letter from these five justices be printed in the Record.

Mr. ALLARD. I ask unanimous consent the quorum call be rescinded.

Mr. ALLARD. I ask unanimous consent the time used during the quorum call time be charged equally to both sides.

Mr. ALLARD. I suggest the absence of a quorum.

Mr. ALLARD

Mr. ALLARD. If the Senator from Virginia will yield?

Mr. ALLARD. I would also like to be listed as a cosponsor on that resolution.

Mr. ALLARD

Mr. ALLARD. Mr. President, I would have to say that Tim Tymkovich's nomination is far from a partisan process. In fact, he has been supported in a bipartisan way. I have a list of people who have supported him. I would like to share some of the comments, letters, and statements made in support of Mr. Tymkovich's nomination. He is widely respected in Colorado as a fair attorney who works well with others regardless of political philosophy. Just listen to the names of these supporters and you will quickly recognize that there is tremendous and broad support for his nomination from people who have worked with him on a daily basis, his peers; for example, Roy Romer, former Democratic Governor of Colorado, with whom Mr. Tymkovich had to work on a fairly regular basis since he was Solicitor General. Let's look at what the Governor of the State of Colorado said about Tim Tymkovich: Mr. Tymkovich served the State of Colorado from 1991 through 1996 during the latter part of my tenure as governor of the State of Colorado. He served with distinction and was a strong advocate in legal matters for Colorado. He also demonstrated a capacity to work closely with Colorado Democrats as well as Republicans as Solicitor General . . . He was always a straight shooter in giving legal advice to me and my top staff. We are all involved in politics. Sometimes in the political process there is a disconnect from what politicians may say and what they may do. Timothy Tymkovich is not a politician. He a dedicated public servant. People like the former Governor of Colorado, the former head of the National Democratic Party, recognize his commitment to doing the right thing. I cannot believe, if he carried on with some of the arguments that have been made by the opposition, that we would have support from individuals such as the former head of the national Democrat party. The following are supporters of Tim Tymkovich: Michael Huttner, partner in Foster, Graham, and Huttner, a law firm in Denver; William H. Erickson, former Chief Justice on the Colorado Supreme Court; John M. Hereford, executive director of Great Outdoors; William H. Hanson, a Colorado attorney; Robert F. Nagel, a resident of Boulder, Colorado, a professor of law at the University of Colorado School of Law; the Rocky Mountain News; the Denver Post; Jean Dubofsky, Colorado Supreme Court Justice. On amendment 2, she took the opposite point of view in arguing the case between the Supreme Court. Mr. Tymkovich, as solicitor general for the State of Colorado, had an obligation, regardless of his personal feelings, to argue on behalf of the people of Colorado. Jean Dubofsky, arguing on the opposite side before the Supreme Court, argued against the amendment. She has written a letter in support of his confirmation. She was his opposition on arguing on amendment 2, which my colleague from Illinois just mentioned in his remarks; she argued against Mr. Tymkovich in the position of the people of Colorado, as far as amendment 2. She said she had to respect him because he was such an eloquent advocate for the people of Colorado, he was intellectual, he made great intellectual arguments, and he is recognized throughout the legal profession in Colorado as somebody who is objective, straightforward and, above all, respects the law, respects the rule of law. I want to just note that, again, Jean Dubofsky, an ``unabashed liberal,'' according to the Denver Post, supports Tim Tymkovich in the strongest terms. Not only was Dubofsky a justice on the Colorado Supreme Court, but she argued against Tim Tymkovich on amendment No. 2; she was opposing counsel. Tim Tymkovich now has the endorsement of not only her but five other former supreme court justices for Colorado. He is well recognized for his legal efforts in trying to enforce the law. I think in the committee hearing Tim Tymkovich answered the questions that were put forth, and he answered them in a straightforward manner. Here are a couple of key statements he made in committee I think we need to keep in mind on the floor of the Senate. I quote what he said in committee: I believe an appellate judge has to set aside his or her personal views and faithfully apply applicable Supreme Court precedent. In other words, he sets aside his own personal views to enforce and to properly interpret the law. What more can you ask? We have three branches of Government: executive, legislative, and judicial. Our forefathers had in mind the legislative branch where we make the laws. We have the executive branch, which administers the laws passed by the Congress, and we have the judicial branch, which is set up to interpret the law and to apply the law. In response to other questions before the committee, this is what he said about amendment No. 2, and what he said about the article referred to in my colleague's comments earlier in the debate, where Mr. Tymkovich referred to the article written on amendment No. 2: The article itself describes the public policy arguments that were presented to the voters during the initiative's political campaign, not my own. As solicitor general of the State of Colorado, he was invited by the Journal to write the article, and he complied to write that article, stating in a factual way the arguments both pro and con for amendment No. 2 in the State of Colorado. My colleague from Illinois also talked about the previous nomination, and he implied that somehow or other, with the Christine Arguello nomination by President Clinton, there was a political process. Again, I state in the strongest terms that that simply is not true. Carlos Lucero, a Hispanic from Colorado, is the first to serve as a Hispanic on the Tenth Circuit Court of Appeals. I supported him at the time. Christine Arguello's name came up for district court. I am the one who nominated her to be on the District Court of Colorado. It wasn't a nomination, but I sent a recommendation to the President of the United States. She was never nominated by the President. Then at the last minute, her name was put forward--right at about the time we were ready to adjourn the Senate--for a position on the Tenth Circuit Court of Appeals. Frankly, the Senate didn't have time to act on a last-minute nomination put forward by the President. Many of us have worked hard to make sure that Hispanics have an opportunity to serve on our courts. I think it is important that we continue to push for that. So let me make it clear. I am the Senator who nominated Christine Arguello. I was working with the White House and the Clinton administration to get Mrs. Arguello nominated in the first place. As we have witnessed many times, the politics of August nominations are often nothing more than political gestures aimed at grabbing headlines but have no chance of completing the confirmation process simply because the nomination came too late in the process. Again, I emphasize, I nominated Christine Arguello. This is the plain and simple truth and we need to recognize that. Mr. Tymkovich is further recognized for his work by Joseph Quinn, Colorado Supreme Court Justice; Gregory Scott, Colorado Supreme Court Justice; Luis Rovira, Colorado Supreme Court Justice; the Colorado Department of Public Safety, Suzanne Mencer, and Nancy Lewis of the Colorado Organization of Victims' Assistance; Barbara O'Brien, President of the Colorado Children's Campaign; Rebecca Coppes Conway, a Colorado attorney. They have all listed their names as supporters. You have already heard statements and letters from Governor Romer, the justices, and the newspapers. Here is what the rest of them had to say about Mr. Tymkovich. Suzanne Mencer and Nancy Lewis of the Colorado Department of Public Safety and the Colorado Organization for Victim's Assistance wrote a letter to Chairman Hatch, and I quote: We have each known Mr. Tymkovich for a considerable period of time and believe that his sensitivity to the rights of crime victims, as well as his great legal skills, will serve our citizenry well. As Solicitor General, Mr. Tymkovich was instrumental in the creation of the first appellate victim services unit within the office of the Attorney General. Mr. Tymkovich's legal expertise was also significant in the determination of the proper course of action for passage of the Colorado Constitutional Victim Rights Amendment. The letter went on to describe his superb legal skills and well- recognized victims expertise, and concluded: His performance has shown not only an understanding of legal issues surrounding crime victimization but also a very great sensitivity to the attendant human cost. I can go on and talk about the number of people who respect the expertise and the capabilities of Mr. Tymkovich, but the fact is that he has bipartisan support and the Senate should go ahead and confirm him without any further delay. I ask unanimous consent that the time until 3:45 be equally divided in the usual form for the consideration of the pending nomination, and that at 3:45 today the Senate proceed to a vote on the confirmation of the nomination with no further intervening action or debate. I understand both leaders have agreed to this request.

Mr. ALLARD. I ask unanimous consent that the time be equally divided during the quorum call between advocates and opponents of the nomination.

Mr. ALLARD. I suggest the absence of a quorum.

Mr. ALLARD. How much time remains on both sides?

Mr. ALLARD. Mr. President, I reiterate what five former Colorado Supreme Court justices say about Mr. Tymkovich in their letter of recommendation to Chairman Orrin Hatch on the Judiciary Committee in the Senate. These are individuals who know Mr. Tymkovich. He practiced before them. He worked with them because he was solicitor general for the State of Colorado. Based on our professional experiences, we are of the unanimous judgment that he is well qualified and most able to serve as an appellate judge of the United States court of appeals. Mr. President, we need to recognize that this letter comes from former Colorado Supreme Court justices with varied political backgrounds. They all differ on professional experiences. They all had diverse legal careers. They had different racial, gender and ethnic backgrounds. But they came up with a unanimous opinion that Mr. Tymkovich should be confirmed by the entire Senate. That speaks loads. His peers, working with him on a daily basis, understand his capabilities. Mr. President, we have heard both sides present arguments, discuss the nominee, as well as the mechanics of our constitutional judicial nomination process. Now it is time to finish the job and to move to an up or down vote on his nomination. I believe Mr. Tymkovich to be a very well-qualified attorney, an attorney who will maintain high principles and a strong dedication to the law. He has the overwhelming support of the Colorado legal community. His support comes from professionals and clients with varied political backgrounds and differing professional and real-life experiences. His support comes from people with diverse legal careers and job history, and different race, gender and ethnic backgrounds. He is unanimously supported by five former justices of the Colorado Supreme Court, including Jean Dubojsky, an attorney who served as opposing counsel to one of our Nation's most high profile constitutional cases. Dubofsky and fellow justices consider Tymkovich to possess the necessary attributes of a Federal judge, and that Colorado and the Nation should no longer be subjected to undue delay on his nomination. I strongly urge my colleagues to support the nomination of Mr. Tim Tymkovich. His confirmation would fill a vacancy on the Tenth Circuit Court of Appeals that has sat vacant for 4 years. In my opening statement, I concluded by stating that a necessary component of providing justice and protecting liberty and freedom is an efficient and properly equipped court. A court that has the personal and judicial resources that enable it to fulfill its constitutional obligations. Tim Tymkovich is highly qualified, and will serve the judiciary in the best tradition of our Nation's most respected courts. Before I conclude, before we move to a final vote, I would like to leave you with a final thought, an important statement made by five justices of the Colorado Supreme Court. ``. . . [W]e speak as one voice, resolute in our belief that the people are entitled to and that Mr. Tymkovich is most deserving of consideration . . . Mr. Tymkovich's experience, practice, public service, temperament and skills will serve the people of the United States well. Their unqualified support tells us a great deal about Tymkovich's credentials and his suitability to the Federal bench. This statement deserves our attention and our respect. I urge my colleagues to support the nominee, and to vote for the confirmation of Tim Tymkovich to the Tenth Circuit of the United States Court of Appeals. I suggest the absence of a quorum.

Mr. ALLARD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. ALLARD. Mr. President, I ask unanimous consent that the time during the quorum call be divided equally between both sides.

Mr. ALLARD. Mr. President, I suggest the absence of a quorum.

Mr. ALLARD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. ALLARD. Mr. President, I ask unanimous consent that the time during the quorum call be divided equally between both sides.

Mr. ALLARD. I suggest the absence of a quorum.

Mr. ALLARD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.