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“SUPPORT OF JUDGE FREDERICA MASSIAH-JACKSON” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S2143-S2144 on March 17, 1998.
The publication is reproduced in full below:
SUPPORT OF JUDGE FREDERICA MASSIAH-JACKSON
Mr. KENNEDY. Mr. President, yesterday, unfortunately, Judge Massiah-Jackson asked President Clinton to withdraw her nomination to serve as a federal judge in the U.S. District Court in Philadelphia.
I know that this was a difficult decision for Judge Massiah-Jackson and her family. She is a distinguished state court judge with a distinguished record. She has the strong support of the people of Philadelphia. She earned the President's nomination to this distinguished office, and she should have been confirmed by the United States Senate.
Instead, she was subjected to numerous unfair attacks and gross distortions of her record. The attacks on Judge Frederica Massiah-Jackson by her opponents are full of half-
truths, and misinformation.
In fact, she is a remarkable lawyer and judge with a long history of service to the people of Philadelphia, and she deserved to be confirmed to serve as a federal judge on Pennsylvania's Eastern District Court.
Judge Massiah-Jackson has worked long and hard and well to get where she is today. She is the daughter of immigrants. Her father came to the United States from Barbados, and her mother came from Haiti. They taught her the value of hard work, commitment to family, and giving back to the community. Judge Massiah-Jackson's entire life and career are testimony that she lives by these virtues.
She was born and raised in Philadelphia. She graduated from the University of Pennsylvania Law School, one of the nation's most prestigious law schools. She could have made a career in private practice and been a great financial success. But instead, she has devoted her life to public service.
Upon graduating from law school, she served as a law clerk, then as chief counsel to the Business Committee of the Pennsylvania State Senate. In 1984, she was elected to the Court of Common Pleas in Philadelphia, and re-elected to that position in 1993.
Most nominees for the federal court have a background in either civil law or criminal law. But Judge Massiah-Jackson has a background in both. In her first years on the Court of Common Pleas, she handled criminal cases. In recent years, she has handled the court's docket of complex civil cases. So this eminently qualified judge will bring a wealth of experience to the federal district court.
Her opponents unfairly ignored this impressive record. Instead, they latched onto a few isolated cases, mischaracterized them, and then used them to defame the reputation of this distinguished judge. When she answered their questions, they invented still more reasons to object to her nomination.
This process is unfair. It is unfair to Judge Massiah-Jackson and her family. It is unfair to the people of Philadelphia. It is unfair to the nation's system of justice. And it is a disgrace to the United States Senate.
Even if the cases that her critics cite were wrongly decided, they represent less than one percent of the 4,000 cases over which she has presided in her long career.
How many United States Senators can say that they have been right over 99 percent of the time?
Look at the process that led to her nomination.
She passed the bipartisan judicial selection committee established by Senator Specter and Senator Santorum with flying colors.
She was screened by the Justice Department to ensure her qualifications.
The FBI conducted a thorough background investigation of her character.
The American Bar Association reviewed her professional qualifications for the job.
Senator Specter, Senator Santorum, and Senator Biden conducted their own hearing in Philadelphia to review Judge Massiah-Jackson's qualifications even further.
Finally, she appeared before the Judiciary Committee not once, but twice. And yesterday, she patiently and professionally answered each and every question that Senators put to her.
But perhaps most significant, Judge Massiah-Jackson had the most important endorsement that any nominee before this committee could have--the respect and admiration of the people who know her best--the people she has served for 14 years--the people of her hometown of Philadelphia.
Her opponents have distorted her record by mischaracterizing isolated cases from among the thousands she has handled over the past decade and a half. But the citizens of Philadelphia know better.
Listen to what the people who really know her have to say.
The Philadelphia Bar Association says, ``We know Judge Massiah-
Jackson to be an outstanding jurist--fair, patient, and thorough.'' This is what her fellow lawyers in Philadelphia have to say about her. And they know her better than anyone in the United States Senate.
Mayor Ed Rendell of Philadelphia strongly supported her nomination. He says, ``It is clear that she should be confirmed.''
As the Pennsylvania Legislative Black Caucus wrote to the Judiciary Committee, ``Judge Jackson is an outstanding and able jurist. She has labored long and hard in the trenches of the judiciary and is a demonstrated supporter of fair and even justice.''
The organization ``Philadelphians Against Crime'' ran an ad in the Philadelphia Daily News on February 25, saying, ``We support Judge Massiah-Jackson for the federal judgeship.''
Barbara Burgos DiTullio, President of the Pennsylvania Chapter of the National Organization for Women, writes, Judge Massiah-Jackson ``is highly qualified to hold this position, and anyone looking at her record instead of listening to those who have personal vendettas would know this.''
The Philadelphia Tribune endorsed her, saying ``[Judge Massiah-
Jackson] is eminently qualified for the federal bench.''
Here is the Philadelphia Daily News: ``Frederica Massiah-Jackson's record demonstrates her suitability for the federal bench.''
In addition, Judge Massiah-Jackson received the support of lawyers who have appeared before her in court. In a survey conducted by the Philadelphia Bar Association, the vast majority of the lawyers who appeared before her expressed their confidence in her integrity and judicial temperament, and found her to be industrious and efficient.
Judge Massiah-Jackson earned these endorsements because she has established herself as a tough-minded, no-nonsense jurist throughout the more than 4,000 cases she has handled in her 14 years on the Philadelphia Court of Common Pleas. She is tough on crime, and tough on criminals. According to the Philadelphia Bar Association's independent review committee, Judge Massiah-Jackson is more likely, not less likely than her colleagues on the court to convict defendants.
For serious crimes, such as robbery, rape, and burglary, her conviction rate is nearly 50 percent higher than the conviction rate of her colleagues.
Her record on sentencing is right down the middle when compared with other judges on the court. Her rate of departure from Pennsylvania's sentencing guidelines is not measurably different from her colleagues. In fact, her record shows that she is more likely than her colleagues to depart upward from the guidelines, imposing stiffer sentences than the guidelines call for.
When Judge Massiah-Jackson's full record is considered, it is clear that she is fully qualified to serve on the Federal District Court. She eminently deserved her nomination to the federal court, because of her strong commitment to justice, and her profound knowledge of the law. I am confident that Judge Massiah-Jackson will continue to serve the people of Philadelphia well on the Court of Common Pleas.
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