12.13.23

Durbin Questions Circuit, District Court Nominees At Latest Judiciary Committee Nominations Hearing

WASHINGTON – During today’s Senate Judiciary Committee nominations hearing, U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, questioned Nicole G. Berner, nominated to be United States Circuit Judge for the Fourth Circuit, and Adeel Abdullah Mangi, nominated to be United States Circuit Judge for the Third Circuit.  Durbin first questioned Ms. Berner about her role as an advocate.

“You’ve been a passionate advocate and effective advocate for many controversial issues.  Will you carry that with you to the bench when you are faced with different laws and different facts that may [lead] to a different conclusion?” Durbin asked.

Ms. Berner responded that she has proudly advocated on behalf of millions of working men and women, but she understands that the role of a judge is very different than the role of an advocate.  She also expanded to say that if confirmed, she would approach each case with an open mind and study it thoroughly without any personal bias or opinion when making a decision.

Durbin then asked Mr. Mangi about representing controversial clients and how he approaches that.  Mr. Mangi responded that he believes it is critical for attorneys to effectively advocate for their clients.  Durbin also asked Mr. Mangi about his disposition in court and how he puts personal views aside when deciding a case.

“Faced with a challenging situation of conscience on the court, when it comes down to different laws and different facts, what is your disposition?” Durbin asked.

Mr. Mangi responded that he will always follow the facts to come to a fair and just conclusion.  When it comes to differing views, he said, “I set aside my personal views, my background, my beliefs.  I'm looking to apply the law in a fair and evenhanded way, consistent with my colleagues on the bench if I am so lucky to be confirmed.”

Durbin then asked Mr. Mangi and Ms. Berner if they have appeared before a judge or worked with a judge that has inspired them.  Mr. Mangi responded that there are many judges he has great admiration for—particularly one in New Jersey that is very prepared and conducts themselves with dignity and respect for all of the parties in front of them.

Ms. Berner responded that she has been fortunate to work formany jurists throughout her life.  One of the judges she looked up to is the late Justice Sandra Day O’Connor, the first woman on the Supreme Court.

Video of Durbin’s questions in Committee to Ms. Berner and Mr. Mangi is available here.

Audio of Durbin’s questions in Committee to Ms. Berner and Mr. Mangi is available here.

Footage of Durbin’s questions in Committee to Ms. Berner and Mr. Mangi is available here for TV Stations.

Durbin then questioned Amy M. Baggio, nominated to be United States District Judge for the District of Oregon; Cristal C. Brisco, nominated to be United States District Judge forthe Northern District of Indiana; and Gretchen S. Lund, nominated to be United States District Judge for the Northern District of Indiana.

Durbin first asked Judge Lund about her efforts to start Elkhart County, Indiana’s first drug court.

“We need to learn a lot more about addiction and how to treat those that are the victims of it.  How has your time on the bench and your work with the drug court prepared you to deal with this issue moving forward?” Durbin asked.

Judge Lund responded that the purpose of the drug court is to allow people who are suffering from substance abuse to have an opportunity to be held accountable, but also receive treatment, supervision, rehabilitation, and mentoring.  She continued to say that the program is working well for the Elkhart community.  

Durbin then asked Judge Brisco about her judicial experience.

“As I look at your background starting as a magistrate judge, then being appointed by the Governor to serve on the [Indiana] Supreme Court, and more recently the [Indiana] Supreme Court appointed you to the [Indiana] Commercial Court.  You issued approximately 1,818 decisions.  I think you are ready and you have the background to prove it.  How has your experience as a state and local judge really prepared you for this opportunity?”  Durbin asked.

Judge Brisco responded that in her five years as a judicial officer in the Indiana State Courts, she had the opportunity to learn the importance of fostering an environment “in the courtroom where everyone is treated with civility and respect.”  She continued to say that if confirmed, she would conduct herself in a thoughtful and open-minded manner.

Durbin then asked Judge Baggio about her judicial experience and background as a public defender.

Judge Baggio responded that through her background as a public defender, she has been able to develop a “keen sense of the importance of clear communication… as well as the ability to compartmentalize my own personal feelings.  As a court appointed counsel, I did not condone the acts of my clients, but it was my obligation to set my personal feelings aside and fulfill the promise of the Sixth Amendment.”

Video of Durbin’s questions in Committee to Judge Lund, Judge Brisco, and Judge Baggio is available here.

Audio of Durbin’s questions in Committee to Judge Lund, Judge Brisco, and Judge Baggio is available here.

Footage of Durbin’s questions in Committee to Judge Lund, Judge Brisco, and Judge Baggio is available here for TV Stations.

Today’s hearing continues the Committee’s work filling judicial and executive vacancies with highly qualified, diverse candidates who help ensure the fair and impartial administration of the American justice system.  Under the leadership of Chair Durbin, the Senate has confirmed 162 judges to lifetime appointments on the federal bench during the Biden Administration.  Eighteen lifetime judges – including two circuit court nominees and fourteen district court nominees – are eligible for a vote on the Senate floor.

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