01.24.24

Durbin Questions Latest Nominees in Senate Judiciary Committee 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 Judge Ann Marie McIff Allen, nominated to be United States District Judge for the District of Utah, and Ernest Gonzalez, nominated to be United States District Judge for the Western District of Texas, about their legal experience and how, if confirmed, they would be impartial judges.

“You spent a significant amount of time serving the State of Utah as both a county prosecutor and [an indigent] defense attorney.  There is often a concern on this Committee as to whether someone ends up prejudiced one way or the other after going through those experiences.  Can you tell me what you learned and how you would balance your experience with the cases you may face?” Durbin asked.

Judge McIff Allen responded that throughout her legal career as both a prosecutor and defense attorney, she “understood there [are] plenty of difficulties in both roles, plenty of challenges, and plenty of opportunities to do good in the law.”  She continued to say that through both of those roles, she would be a stronger judge if confirmed.

“Over the course of 29 years as a prosecutor, you tried more than 250 jury trials to verdict, more than 120 state jury trials and more than 135 federal jury trials.  An amazing amount of courtroom experience.  So when a criminal defendant [is] appearing before you, do believe he has a fighting chance forjustice?” Durbin asked Mr. Gonzalez.

Mr. Gonzalez responded that every time he approaches a case, he does so in a careful manner by evaluating the case, evidence, and individual “that is before me, and I make an assessment and judgment as to how to proceed with that case.”  Through his background and if confirmed, he believes he would enforce the law impartially and fairly.

Durbin then asked Judge Susan M. Bazis, nominated to be United States District Judge for the District of Nebraska, about her legal experience, as both a litigator and jurist, and how that experience can help her at the district court level. 

“You have tried approximately 150 cases to verdict in courts of record.  As a state court judge for nearly ten years, you presided over 545 cases and as a federal magistrate judge since 2017, you presided over five trials.  Tell me about that experience as you move forward to the district court level?” Durbin asked.

Judge Bazis responded that through her ample experience as both a litigator and a judge where she has presided over both civil and criminal trials, she would be well suited for the position of U.S. District Judge for the District of Nebraska.

Durbin concluded his questioning by asking Judge Robin Meriweather about shifting from a magistrate judge to a judge serving on the Court of Federal Claims and what the major differences are.

Judge Meriweather responded that the biggest difference between the district court and the Court of Federal Claims is that the Court of Federal Claims solely hears cases brought against the United States that are civil, so there is no criminal docket. She continued to say, “I currently have a criminal docket as a magistrate judge. Conveniently, my background before becoming a magistrate judge was entirely civil in nature.  I have 25 years of experience doing complex civil litigation, and that has prepared me very well should I be so fortunate to be confirmed.”

Video of Durbin’s questions in Committee is available here.

Audio of Durbin’s questions in Committee is available here.

Footage of Durbin’s questions in Committee is available here for TV Stations.

The hearing continues the Committee’s work filling judicial vacancies with highly qualified, diverse candidates who help ensure the fair and impartial administration of the American justice system.  In its first business meeting of the year last week, the Senate Judiciary Committee advanced twenty judicial nominations and one executive nomination to the full Senate, including previously reported judicial and executive nominations that were resubmitted by President Biden this year.

Under the leadership of Chair Durbin, the Senate has confirmed 168 judges to lifetime appointments on the federal bench during the Biden administration. Twenty lifetime judges – including four circuit court nominees and 14 district court nominees – are eligible for a vote on the Senate floor.

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