Want to be a federal judge? Better have a lot of patience. The U.S. Senate finally confirmed Richard Paez as an appeals court judge Thursday — more than four years after President Clinton nominated him.
Such a delay, the longest for any judge in U.S. history, is inexcusable and intolerable, bordering on malfeasance in office. It is especially harmful given the urgent need to fill vacancies on a badly undermanned federal bench. Filling a court vacancy should take no more than six months, maximum.
By contrast, Miami Judge Stanley Marcus won confirmation to an appeals court in only 33 days.
What happened to Paez and another California appeals court nominee, Marsha Berzon, who was confirmed Thursday after a two-year delay, dramatically illustrates what’s wrong with the unfair way the Senate handles some judicial nominations.
The two nominees were among dozens put on indefinite hold by the Senate due to Republican political game-playing. Much of the delay was an effort to punish and embarrass the Democratic president and prevent him from exercising his legitimate authority to choose federal judges. Senate Judiciary Committee Chairman Orrin Hatch was a prime offender, inexcusably delaying many confirmation hearings and refusing even to hold others, although he eventually voted for the two judges.
Until Thursday, the nominees were wrongly denied a straight up-or-down vote by the full Senate, and faced years of stalling before being granted even the courtesy of a Senate Judiciary Committee vote.
That’s not only rude and unprofessional. It forces some qualified candidates to drop out before a vote, and deters others even from applying.
It hurts the justice system and the war on crime. Federal courts, including those in Florida, face a crippling overload of civil and criminal cases. Every judicial vacancy creates extra work for other judges and forces delays in important trials.
Vice President Al Gore rightly blasted the stalling tactics, which have been particularly noticeable when the nominees were women or minorities. Paez is Hispanic.
All Americans of good will share the hope of Senate Democratic Leader Tom Daschle of South Dakota, that Thursday’s votes signal an end to unfair and unreasonable stalling tactics. The Senate should expedite confirmation hearings on the other Clinton nominees awaiting approval. There are still 73 vacant federal judgeships, 8.6 percent of the 846 authorized positions.
Senators should take seriously their duty to decide whether to confirm a presidential nominee, and should feel free to vote yes or no. But they owe the president, the nominee, the court system and the nation a prompt and efficient review and undelayed vote on that confirmation, without political stalling tactics or game-playing
Both Florida’s senators, Democrat Bob Graham and Republican Connie Mack, voted to confirm the two judges. Senators ought to reconsider a good bill that Graham and Mack filed several years ago to expedite the confirmation process.
The bill requires a Judiciary Committee vote within three months of the nomination. Missing that deadline would permit any senator to bring the nomination directly to the Senate floor. The full Senate would have to vote one month after the committee acted.
That would put a quick and permanent end to the Big Stall.
