[Senate Hearing 107-72]
[From the U.S. Government Publishing 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
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73-394 WASHINGTON : 2001
____________________________________________________________________________
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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
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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
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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.
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\1\ Biographical and financial information with attachments appear
in the Appendix on page 9.
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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.
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\1\ Biographical and financial information with attachments appear
in the Appendix on page 91.
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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.
[Whereupon, at 9:23 a.m., the Committee was adjourned.]
A P P E N D I X
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