[Senate Hearing 107-72] [From the U.S. Government Printing Office] S. Hrg. 107-72 NOMINATIONS OF ERIK P. CHRISTIAN AND MAURICE A. ROSS ======================================================================= HEARING before the COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS FIRST SESSION ON THE NOMINATIONS OF ERIK P. CHRISTIAN AND MAURICE A. ROSS TO BE ASSOCIATE JUDGES OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA __________ MAY 22, 2001 __________ Printed for the use of the Committee on Governmental Affairs U.S. GOVERNMENT PRINTING OFFICE 73-394 WASHINGTON : 2001 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON GOVERNMENTAL AFFAIRS FRED THOMPSON, Tennessee, Chairman JOSEPH I. LIEBERMAN, Connecticut, Ranking Democrat TED STEVENS, Alaska CARL LEVIN, Michigan SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii GEORGE V. VOINOVICH, Ohio RICHARD J. DURBIN, Illinois PETE V. DOMENICI, New Mexico ROBERT G. TORRICELLI, New Jersey THAD COCHRAN, Mississippi MAX CLELAND, Georgia JUDD GREGG, New Hampshire THOMAS R. CARPER, Delaware ROBERT F. BENNETT, Utah JEAN CARNAHAN, Missouri Hannah S. Sistare, Staff Director and Counsel Johanna L. Hardy, Counsel Mason C. Alinger, Professional Staff Member, Oversight on Government Management, Restructuring and the District of Columbia Subcommittee Joyce A. Rechtschaffen, Democratic Staff Director and Counsel Cynthia R. Gooen, Democratic Counsel Jason M. Yanussi, Democratic Professional Staff Member Marianne Clifford Upton, Democratic Staff Director and Chief Counsel, Oversight on Government Management, Restructuring and the District of Columbia Subcommittee Darla D. Cassell, Chief Clerk C O N T E N T S ------ Page Opening statements: Senator Voinovich............................................ 1 WITNESSES Tuesday, May 22, 2001 Hon. Eleanor Holmes Norton, a Delegate in Congress from the District of Columbia........................................... 1 Erik P. Christian to be an Associate Judge of the Superior Court of the District of Columbia.................................... 3 Maurice A. Ross to be an Associate Judge of the Superior Court of the District of Columbia....................................... 4 Alphabetical List of Witnesses Christian, Erik P.: Testimony.................................................... 3 Biographical and financial information with attachments...... 9 Norton, Hon. Eleanor Holmes: Testimony.................................................... 2 Ross, Maurice A.: Testimony.................................................... 4 Biographical and financial information with attachments...... 91 NOMINATIONS OF ERIK P. CHRISTIAN AND MAURICE A. ROSS ---------- TUESDAY, MAY 22, 2001 U.S. Senate, Committee on Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 9:03 a.m., in room SD-342, Dirksen Senate Office Building, Hon. George Voinovich, presiding. Present: Senator Voinovich. OPENING STATEMENT OF SENATOR VOINOVICH Senator Voinovich [presiding]. The hearing will come to order. I would like to welcome our nominees, Erik Christian and Maurice Ross, both of whom have been nominated to serve as Associate Judges for the District of Columbia Superior Court, and I would like to welcome their families and friends, and thank their families in advance for the sacrifice that they are going to make in order for Mr. Christian and Mr. Ross to serve on the court, and I would also like to welcome Delegate Eleanor Holmes Norton. Congresswoman, very happy to have you here with us today. Let me state for the record that both of our nominees have undergone a very thorough screening process. They were recommended by the District's Judicial Nomination Commission, a group of distinguished individuals who submit to the President of the United States three names, and then the President selects one of those three names. Mr. Christian, Mr. Ross, you are the ones that the President has selected. Then, of course, you each went through an FBI background investigation, and then the President formally nominated you. Since the nominations were received, the Committee staff has conducted separate background checks and interviews with both of our nominees here this morning. I have also spent a great deal of time reviewing your qualifications, and I am pleased to be holding these hearings today. I am confident that the two of you are both going to be very fine judges. To present our nominees today, we are honored to have Delegate Norton to introduce you, and we are very glad to have you here this morning. STATEMENT OF HON. ELEANOR HOLMES NORTON, A DELEGATE IN CONGRESS FROM THE DISTRICT OF COLUMBIA Ms. Norton. Thank you very much, Senator Voinovich, and may I just begin by thanking you for your extraordinary service to the District of Columbia. We have been very fortunate to have a former mayor of Cleveland as the Chair of our Committee here in the Senate. This morning, of course, it is my great honor to appear before you in another capacity, and that is to introduce two very able young lawyers who have been nominated by President Bush to serve on our Superior Court bench. Erik Christian is a native Washingtonian who comes from a family of educators here in the District. He is a Phi Beta Kappa graduate of Howard University. He attended Georgetown University Law Center. Mr. Christian clerked on the very court to which he has now been nominated, and he has had very extensive trial experience of the kind that suits him especially well to serve on this court. He has been an Assistant U.S. Attorney here in the District, prosecuting complex cases, including homicide cases. He rose to become a Deputy Chief in the U.S. Attorney's Office. He went on to become the second in command at the office of the U.S. Attorney in the Virgin Islands. Most recently, he has served our city as Deputy Mayor for Public Safety, and under his jurisdiction were the police department, the fire and emergency medical services, the Department of Corrections, and the Medical Examiner. His most recent position was as legal counselor to D.C. Mayor Tony Williams. I am pleased also to introduce Maurice Ross. Maurice Ross has had extensive civil and criminal litigation experience as well. His most recent assignment was as assistant counsel in the Justice Department's Office of Professional Responsibility. Before that, Mr. Ross was senior counsel with the Federal Home Loan Mortgage Corporation, otherwise known as Freddie Mac. He has had extensive civil and criminal experience in Federal and State courts, not only in the District of Columbia, but throughout the United States. Mr. Ross has been a Special Assistant to the Deputy Attorney General of the United States, and an Associate Deputy Attorney General. His legal career began in private practice at a large firm here, Shaw Pittman, where he began to get his litigation experience. Mr. Ross is a graduate, cum laude, from Yale College, and got his law degree from Harvard Law School. He has served as a member of the District Bar's Legal Ethics Committee, and he has been on the board of directors of the Greater Washington Urban League. The District of Columbia is very proud to present these two candidates for your consideration. Senator Voinovich. Thank you very much. I really appreciate your coming here today to introduce both nominees, and I think that their backgrounds are just outstanding. I wish everyone was as qualified. As part of the Committee's normal practice, I would like the nominees to stand and raise their right hand. Do you swear that the testimony that you will give the Committee today is the truth, the whole truth, so help you, God? Mr. Ross. I do. Mr. Christian. I do. Senator Voinovich. Please be seated. Let the record show that the nominees answered in the affirmative. Let me now welcome Erik Christian. We are pleased that you are here today, and I know it is a special day for your family. The special day will be when the Senate approves your appointments, but this is a big day in the beginning of this little venture up the ladder, and so we are very happy that you are here and you have members of your family and friends with you. Would you like to make an opening statement? TESTIMONY OF ERIK P. CHRISTIAN\1\ TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Mr. Christian. Yes, thank you, Senator. Good morning. I would first like to introduce my family members. I introduced them earlier to you. However, I would like to introduce them to you and the Committee staff. My father, Charles Christian, is present with me today, along with my sister, Dr. Judy Christian, my mother, Dorothy Christian, and my brother, Gary Christian, and my daughter, Caitlin Erin Christian. They have provided me with support throughout my life, and are here today again to provide that same support. --------------------------------------------------------------------------- \1\ Biographical and financial information with attachments appear in the Appendix on page 9. --------------------------------------------------------------------------- Just as an aside, my parents are educators here in the District of Columbia. They are retired public school teachers and administrators, and just lived a couple of blocks away from the Capitol. They grew up together on the same street, near North Capital and I Streets, just in the shadow of the Capitol, and I would especially like to thank them for being with me throughout my life and here today. I also have a cousin here, Hallue Clark Wright, who is an employee with the Department of Justice in the area of civil rights. There are several friends and colleagues here with me today, Attorney Lola Ziadie, Ron Walutes, Guy Middleton, Harold Ognelodh, and the Corporation Counsel for the District of Columbia, Robert Rigsby, is present today, sir. This is indeed an honor and a privilege to have been nominated by President Bush to serve as an Associate Judge to the Superior Court of the District of Columbia. Again, I want to thank your Committee and your staff, who did diligent work in getting this hearing scheduled and yourself having this hearing scheduled. I also would like to thank the D.C. Judicial Nominations Commission and Mayor Anthony Williams for recommending me to the White House, and, of course, the President of the United States, for nominating me to this position. As you may know, Mayor Williams wanted to be here today. He sends his greetings. However, he is at a conference out in Nevada. Chief Judge Annice Wagner, whom I clerked for in the trial court, is unfortunately unable to make it this morning. She is sitting in an en banc argument in the D.C. Court of Appeals. However, she also sends her greetings. I would just like to follow in the tradition of my family, in the footsteps of those who I learned from, to serve ably on the court. I think I will serve in a proficient manner. As you know, I have basically served throughout the city in various public sector, public government agencies and in the U.S. Attorney's Office for approximately 10-11 years, and then as Deputy Mayor for Public Safety and Justice, and presently as legal counsel to the mayor. I think all those positions and being a native Washingtonian will serve me well on the bench, and I look forward to serving in a proficient manner. Thank you, sir. Senator Voinovich. Thank you. Mr. Ross, welcome. TESTIMONY OF MAURICE A. ROSS\1\ TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Mr. Ross. Good morning, Senator. I would like to introduce my family. First, my wife, Beverly, and my son, Jeffrey, who are behind me; my parents, Dr. and Mrs. Walter Ross; my oldest sibling, my sister, Margaret; and also with me this morning, Judge George Mitchell of the D.C. Superior Court, who has been a close family friend and mentor; my godfather, Dr. Roy Batiste; and also a close family friend, Ms. Georgina Brown, who is also here. I think I covered everyone who came in. --------------------------------------------------------------------------- \1\ Biographical and financial information with attachments appear in the Appendix on page 91. --------------------------------------------------------------------------- I would like to thank the Committee first of all for moving so expeditiously on our nominations. I would like to thank the staff. They walked us through the process very quickly; the President, for nominating me; the D.C. Judicial Nominations Commission. I am eager to serve and I am willing to answer any questions that the Committee may have this morning. Thank you. Senator Voinovich. Thank you. I would like to make clear to both of the nominees that I am here by myself this morning. Ordinarily, we have a couple more individuals that are on the Committee that are here, but we were here late last night and several of them were tied up. I want to make clear to you and your families that this is a very important procedure, and a lot of it is all the work that has gone before this hearing this morning. I think sometimes when we have these hearings and they are very short, people think, well, that was not much. But both of you know--you have gone through quite a bit in order to come here this morning. As I say, I know this is a very important day for your family and for your friends. There are three questions that I am required to ask of each of you, and I would like to read them to you and then have you respond. The first question is are you aware of anything in your background that might present a conflict of interest with the duties of the office to which you have been nominated? Mr. Christian. Mr. Christian. No, sir. Senator Voinovich. Mr. Ross. Mr. Ross. No, Senator. Senator Voinovich. Do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably discharging the responsibilities of the office to which you have been nominated? Mr. Christian. No, sir. Mr. Ross. No, Senator. Senator Voinovich. Do you know of any reason, personal or otherwise, that would in any way prevent you from serving the full term of the office to which you have been nominated? Mr. Christian. No, sir. Mr. Ross. No, Senator. Senator Voinovich. Those are the formal questions that we have before the Committee. I would like to give each of you an opportunity to answer this question I am interested in, and that is you are both relatively young men, at least from my perspective, and I would be interested, starting with you, Mr. Christian, why is it that you sought this nomination? Mr. Christian. Senator Voinovich, throughout my life I have tried to follow the words and wisdom of my family, my mother and father, sister, and brother. I followed my brother, attorney Gary Christian, into law school, and I followed his advice almost to the letter. I then clerked for Judge Annice Wagner, and began to see how society and the community all would come back to the Superior Court. Seeking this nomination will provide me with the opportunity to continue to contribute back to the community in which I was raised. It will allow me to continue to devote my life, my energy, to make this city a better place. As you know, I was Deputy Mayor for Public Safety, and I worked extensively in the community through Mayor Anthony Williams' strategic plans of building and sustaining healthy neighborhoods, making the government work. We had a point-by- point strategic plan that is now underway, to bring this community back. I think, through that experience as his legal counsel, as well as now, with the opportunity to serve on the bench if confirmed, I will be able to provide that same devotion, that same caring, that same passion, to the citizens of the District of Columbia. Senator Voinovich. I am sure that the mayor is going to miss your help. I, as you know, am a good friend of the mayor's and try to be as supportive as we can; but, as I have emphasized to him very often, you are only as good as the team that you have around you, and I am sure that he has enjoyed the fact that you have been willing to serve him. When was the first thought that you had, that you someday would like to be a judge? Did this just come on, or have you ever had that thought before? Mr. Christian. Well, believe it or not, and I am not sure whether I shared this with anyone, but my father and mother had bought my brother and me a little Honda Civic, and we had driven down to a nearby car stereo place to get a stereo placed in the car, because we did not have a radio in the car, and my brother decided to take me down to Superior Court, just to watch the proceedings, and we could not have been older than 16- to 18-years-old. So we walked down and sat in the Superior Court at that time, and at that point, it was just so fascinating. So that is when the first pearl came to me, and then actually being in the U.S. Attorney's Office, one of the finest offices in the District of Columbia, and being able to practice there for an extensive number of years and then to work as First Assistant in the Virgin Islands just brought that back and confirmed my desire to actually be on the bench, to continue to help shape society and our community. Senator Voinovich. Thank you very much. Mr. Ross. Mr. Ross. I would join in many of Mr. Christian's sentiments. My parents were government servants here in the city. My older brother is also a lawyer. He could not be here today because he is in Jamaica on business. But I have grown up in this city. I am committed to public service, and I thought that serving on the Superior Court would be an excellent way to continue in public service, to continue to grow as a lawyer and deal with some of the most complex and difficult issues, not just in the city, but in this country, and they all come through the front door of Superior Court. As to when it first occurred to me to consider being a judge, approximately 4 years ago, Gloria Johnson, the secretary to the late Chief Judge of the District Court, Judge Aubrey Robinson, for whom my sister clerked, mentioned that there was an opening for a magistrate judge and that I should consider applying, and she encouraged me to apply for that position and to talk to Judge Robinson about service on the court; and it was out of that meeting that I had my initial interest in seeking judicial office. Subsequently, I met many of the judges on Superior Court before whom I appeared. I had the opportunity to meet them off the bench, and I was convinced that it was just an outstanding opportunity, and that is when I decided to apply. Senator Voinovich. Well, as I say, I think it is very good that both of you have decided to make yourself available. This is not an easy life, and, as I say, your families are going to have some sacrifices. One point, and this is a concern that I have, and Senator DeWine, who happens to be on the Appropriations Committee that has the District, and then there are several members of the House, and that is the issue of the family and juvenile judges here in the District, and there has been some talk about creating a special family court slot here in the District. I am not sure that is going to happen, but one thing that we have been assured is that there is going to be a larger emphasis on individuals serving in that capacity. I would just bring it to your attention today. There is a real need in the District for much more attention to the family court, and, too often, I think judges have a tendency not to want to be part of that, because it does involve, in some instances, a little larger commitment in terms of one's emotions, because you really have to get into the whole situation in a family. I would just bring that to your attention today, in hopes that after you are on the bench, that you would think about maybe taking that on for a couple of years. It is very important today. One of the things that bothers me about the justice system is, too often, the people that go through it are treated not as human beings, or just as another number, and I think it is really important that, on the bench, you look at people as being in the image and likeness of God, and that they are human beings and they have problems, and that, particularly today in our society, we have some real problems in terms of families. I was governor of Ohio, and we really emphasized the importance of those family courts, where you have people that are really interested. They get to be familiar with the social service agencies. They take some extra time to find out about the individuals that are appearing before them. They are really able to make a real difference in their lives, and I just--I know sometimes that part of the law is not as appealing to some people as we would like it. But I would say that, as time goes on, I would hope that both of you would look into that, and perhaps you might take it upon yourself to serve in that capacity and to make a difference for the families that are here in the District. I would like to again thank you for being here today, and hopefully we will move this along. I think we are supposed to have a markup tomorrow, so hopefully that will be done, and then will go over on the calendar, and then we will try and get you up as soon as possible. Again, thank you for your willingness to serve the District. The Committee is adjourned. 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