Federal Courts: "Sutton Pleads With Senators at Hearing"

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cuchulainn

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This man is not our friend. See the bolded paragraph.


http://abcnews.go.com/wire/Politics/ap20030129_1487.html

Sutton Pleads With Senators at Hearing

Jeff Sutton Pleads With Senators About His Record During Judicial Confirmation Hearing

The Associated Press

WASHINGTON Jan. 29 —
A federal judicial nominee pleaded with senators Wednesday not to hold his work as a lawyer against disability rights and federal civil rights against him, saying he was only arguing for his clients' views and not for his personal positions.

Jeff Sutton, who is looking for a seat on one of the nation's highest courts, said he has represented all types of people and organizations as a lawyer including murderers guaranteeing that some members of the Senate Judiciary Committee will disagree with his clients.

"I don't stand a chance in trying to become a judge if one looks at all of my clients and decides whether they agreed with their views," he said.

Democratic senators criticized Sutton for attempts to limit federal civil rights protections and gut or weaken protections for state employees with disabilities and older workers. The Columbus, Ohio, lawyer argued successfully in a Supreme Court case in 2000 that Congress exceeded its authority by permitting state workers to sue their states under the Americans With Disabilities Act.

"How can we be sure you're not going to continue that agenda when you're on the court?" asked Sen. Edward Kennedy, D-Mass.

"I'm trying very hard to show you that I would be an objective judge and that the client I would have is ... the rule of law, not a former client," Sutton said.

In addition, Sutton said he's also worked on cases and wrote briefs that even Democrats can agree with, "whether it was defending Ohio's set-aside statutes in two different cases, or defending Ohio's hate crimes statutes on behalf of virtually every civil rights group in the state, whether it was writing an amicus brief voluntarily in the 6th Circuit on behalf of the Center for the Prevention of Handgun Violence."

Sutton received most of the attention Wednesday morning from the Senate Judiciary Committee, although there were three U.S. Appeals Court nominees on the docket.

Sutton and Deborah Cook, both nominated to the U.S. Court of Appeals for the 6th Circuit; and John Roberts, to the U.S. Court of Appeals for the District of Columbia Circuit, were originally scheduled for confirmation hearings on May 23, 2001, one month before Sen. Jim Jeffords of Vermont defected from the GOP and threw Senate control to the Democrats.

The three never got a hearing from the Senate Judiciary Committee until the Republicans won it back in last year's election, new Senate Judiciary Chairman Orrin Hatch, R-Utah said. "I'm particularly pleased to pick up where we left off back then," Hatch said Wednesday.

But Democrats said that packing the hearing with three Appeals Court nominees makes it difficult to questions them properly, especially Sutton. "There is just a tremendous rush to judgment on this nominee here," said Sen. Charles Schumer, D-N.Y.

"This is a nomination that deserves serious scrutiny, which ought to be considered as the only circuit court nominee at this hearing," argued Sen. Patrick Leahy of Vermont, the ranking Democrat on the Committee..

Sutton, as well as Cook, wants to serve on the 6th Circuit court in Cincinnati, which covers federal appeals from Ohio, Kentucky, Tennessee and Michigan. The District of Columbia Circuit court handles most federal cases in the nation's capital.

"We don't want to in any way be painted as saying he's prejudiced against people with disabilities," said Jim Ward, coordinator of ADA Watch, a coalition of disabled-rights groups on Tuesday. "It's an ideology he represents."

So many disabled persons showed up that the committee stopped the hearing to move to a larger room in the Dirksen Senate Office Building to accommodate everyone.

Republicans contend all three nominees are eminently qualified.

"Roberts is rated as one of the two top appellate lawyers in the country, and that comes straight from Supreme Court judges. He's simply without peer. Sutton is in the top 10," Hatch said. "They should not be judged for the fact that they represented clients whom the Democrats disagree with.

"Deborah Cook is a terrific Supreme Court justice in Ohio," he said. "The only thing you could hold against the three of them is ... that they are more conservative than the Democrats would like."

Unlike last year, when two judicial nominees were voted down in the Democratic-controlled committee, one of whom had two hearings before a vote, Hatch plans to push nominees quickly to the Senate floor, where Republicans hold a two-vote advantage. Ten Republicans and nine Democrats are on the committee.
 
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