[Senate Hearing 113-237] [From the U.S. Government Publishing Office] S. Hrg. 113-237 NOMINATION OF WILLIAM W. NOOTER ======================================================================= HEARING before the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ NOMINATION OF WILLIAM W. NOOTER TO BE ASSOCIATE JUDGE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA __________ OCTOBER 8, 2013 Available via the World Wide Web: http://www.fdsys.gov/ Printed for the use of the Committee on Homeland Security and Governmental Affairs [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] U.S. GOVERNMENT PRINTING OFFICE 85-501 PDF WASHINGTON : 2014 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS THOMAS R. CARPER, Delaware Chairman CARL LEVIN, Michigan TOM COBURN, Oklahoma MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio JON TESTER, Montana RAND PAUL, Kentucky MARK BEGICH, Alaska MICHAEL B. ENZI, Wyoming TAMMY BALDWIN, Wisconsin KELLY AYOTTE, New Hampshire HEIDI HEITKAMP, North Dakota JEFF CHIESA, New Jersey Richard J. Kessler, Staff Director John P. Kilvington, Deputy Staff Director Katherine C. Sybenga, Senior Counsel Jason R. Bockenstedt, Deputy Staff Director, Subcommittee on Emergency Management, Intergovernmental Relations, and the District of Columbia Deirdre G. Armstrong, Professional Staff Member Keith B. Ashdown, Minority Staff Director Christopher J. Barkley, Minority Deputy Staff Director Andrew C. Dockham, Minority Chief Counsel Sarah Beth Groshart, Minority Counsel Laura W. Kilbride, Chief Clerk Lauren M. Corcoran, Hearing Clerk C O N T E N T S ------ Opening statements: Page Senator Begich............................................... 1 Prepared statements: Senator Begich............................................... 7 WITNESSES Tuesday, October 8, 2013 Hon. Eleanor Holmes Norton, a Representative in Congress from the District of Columbia........................................... 2 William W. Nooter, to be an Associate Judge, Superior Court of the District of Columbia Testimony.................................................... 3 Prepared statement........................................... 9 Biographical and financial information....................... 10 Statement for the Record from Paul Strauss, U.S. Shadow Senator for the District of Columbia................................... 28 NOMINATION OF WILLIAM W. NOOTER ---------- TUESDAY, OCTOBER 8, 2013 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 3:04 p.m., in room SD-342, Dirksen Senate Office Building, Hon. Mark Begich, presiding. Present: Senator Begich. OPENING STATEMENT OF SENATOR BEGICH Senator Begich. One thing I will try to do is I am going to make this painless because I believe you are highly qualified. Again, we are here to consider the nomination of William Nooter to be Associate Judge of the Superior Court of the District Columbia. We welcome you. I am also pleased to have Congresswoman Norton here again. Thank you very much for being here, and we appreciate your attendance. I would also like to extend a warm welcome to your family in attendance. I know without your family you would not be able to do this job. I know exactly how that is. And so thank you to them for being here. The Committee consistently receives excellent candidates nominated by the President and recommended by the non-partisan District of Columbia Judicial Nomination Commission. This process is critical to ensuring we have the candidates who are experienced and have the appropriate temperament for this position. As we know, judges have critically important duties in our society. Judges must uphold and interpret the law, resolve disputes equitably, and protect the rights and liberties of our citizens. If confirmed, I trust you will fulfill these responsibilities with respect, character and deference befitting the Court. As many of you already know, Judge Nooter currently serves as Magistrate Judge on the Superior Court of the District of Columbia. Since his appointment in 2000, he has served in the Criminal and Civil Divisions, Domestic Violence, and the Family Courts. He is currently the presiding Magistrate Judge and serves on the Chief Judge's Judicial Leadership Team. Prior to his appointment to the court, he worked at the law firm of Jordan, Coyne & Savits from 1989 to 2000 and served as a trial attorney with the Office of the Attorney General for the District of Columbia from 1982 to 1989. Judge Nooter, I have reviewed your biographical questionnaire and believe you are well qualified to serve as Associate Judge for the Superior Court of the District of Columbia. You have a distinguished career and I honestly thank you for your willingness to participate and serve. Before I go on, let me ask, if I can, Congresswoman Norton--again thank you for joining us. I know you have some remarks. Feel free to share them with the Committee. We will also include for the record your written comments. TESTIMONY OF THE HONORABLE ELEANOR HOLMES NORTON, A REPRESENTATIVE IN CONGRESS FROM THE DISTRICT OF COLUMBIA Ms. Holmes Norton. Thank you very much, Mr. Chairman, for accommodating Judge Nooter and I during this period when you may not even have all of your Committee staff here. But today, we have a particularly strong candidate. I will be equally brief. You have before you the presiding Magistrate Judge, who brings the kind of experience in the law that I believe prepares him well to be an Associate Judge of our Superior Court in the District of Columbia, including having clerked for this very court when he graduated with honors from George Washington University Law School. He has been, of course, in the general practice of law, but he has worked throughout the justice system in the District of Columbia in what was then called the Office of Corporation Counsel, now Attorney General. He has had 30 years of courtroom experience. That is what you look for when you are dealing with a trial court. And I certainly think his extensive experience will serve him well, it will serve the court well, and it will serve the people of the District of Columbia well, should the Senate choose to confirm him. I am here this afternoon to strongly recommend that this committee recommend his confirmation to the full Senate. Thank you very much for receiving us today, Mr. Chairman. Senator Begich. Thank you very much, Congresswoman. Our Committee rules require that the witness at a nomination give their testimony under oath so therefore, I ask you to please stand and raise your right hand. Do you swear that the testimony you are about to give this Committee is the truth, the whole truth, and nothing but the truth, so help you, God? Judge Nooter. I do. Senator Begich. Thank you very much. Please have a seat and go ahead and give us your opening statement and then I do have a couple of quick questions. TESTIMONY OF WILLIAM W. NOOTER,\1\ NOMINATED TO BE AN ASSOCIATE JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Judge Nooter. Thank you, Mr. Chairman. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Nooter appears in the Appendix on page 9. --------------------------------------------------------------------------- Mr. Chairman and Members of the Committee, thank you for this opportunity to appear before you as a nominee for a position as an Associate Judge in the District of Columbia Superior Court. I am grateful to the Judicial Nomination Commission and its chair, Judge Emmet Sullivan--who is here--for recommending me to the White House. And I am grateful to the President for nominating me to this position. Thank you, Congresswoman Norton, for your kind words in introducing me this afternoon. I would also like to thank the Committee and its staff for handling this process so expeditiously, despite all the other pressing matters pending before the Senate. I would like to acknowledge and thank Chief Judge Lee F. Satterfield for his support and leadership. I also want to recognize my wife, Elissa Free, my father, Robert H. Nooter who I do not know if he made it yet but he was planning to make it here--my brother, Robert I. Nooter and his wife Barbara. My nephew, Daniel Nooter, is here. And my staff, Denine Murray and Thomas Kinney, and other friends and colleagues who have taken the time to be here today. My daughter, Amanda--she attends college in Iowa--and my mother, Nancy Nooter, and my other siblings could not be here, but thanks to the wonders of modern technology, they can watch the re-runs on your Web site. One other person who I would like to introduce is Damian Miller. He is a young man with whom I became acquainted in the Family Court who has successfully emancipated from the foster care system. He not only made the Dean's List at Hampton University, but he is now the Special Assistant to the Director of the Child and Family Services Agency, the District of Columbia's child welfare agency. I am so pleased that he can be here today. There he is. Thank you, Damian. I was born in St. Louis, Missouri, but landed in Washington, DC. as a teenager and have never left. My legal career of over 30 years has been spent primarily in D.C. Superior Court, first as a law student attorney and a judicial law clerk for Hon. Tim Murphy, then as a trial attorney with the Office of the Corporation Counsel, in private practice with Jordan, Coyne & Savits, and finally as a Magistrate Judge. The length and breadth of my practice, as a prosecutor, defense attorney, civil practitioner in both government and private practice, and my 13 years as a judicial officer have well prepared me to take on the additional responsibilities of an Associate Judge. I have had the opportunity to serve on many court committees and to take on leadership roles within the Court, which have only deepened my love and respect for this vital institution that administers justice to the citizens of our city. I would be greatly honored to continue to serve the Superior Court and the citizens of the District of Columbia as an Associate Judge, if confirmed. Thank you again for considering my nomination and I look forward to answering any questions you may have. Senator Begich. Thank you very much. You are going to be in the fastest hearing in Washington, DC. [Laughter.] I just have two quick questions for you. I have reviewed your resume, your information, all of the history of your work. And I have to say you are clearly highly qualified, especially because of the organization that recommended you. We have a similar system, as you may know, in Alaska, an independent judicial process, which recommends people for the Governor to appoint to certain seats. It really makes the difference. It creates quality candidates versus political candidates. I think it makes our judicial system better because of that. So thank you, for one, being here. Second, my first question--and this is one that is more of a general question--why do you want to take on this position? Judge Nooter. Well, I have been in the role of a judicial officer for 13 years now, as a Magistrate Judge. And I know that is the role in the legal system I want to continue to be in for the rest of my career. I have found that I have been able to do, I think, a good job because of my prior experience as a trial lawyer and the abilities I have developed as a Magistrate Judge to handle calendars, handle many different kinds of cases. And this has been an extremely rewarding experience for me. So I really just want to continue to serve the Court and the community by taking on additional responsibilities that are assignments that Associate Judges have. That would include jury trials. One thing Magistrate Judges, by statute, do not handle are jury trials. So it would include quite a number of different opportunities for that and for other assignments, which I would look forward to. Senator Begich. What do you think your biggest challenge is going to be in this new position? Judge Nooter. Well, I am very familiar with the court system itself. Having worked there for the past 13 years, having practiced there for quite a few years before that. So I know the players, I know the judges, I know the staff. Going into any new assignment always involves a certain amount of homework and learning the specific law that applies to that assignment. Some areas of the law I am more familiar with. I practiced as a civil practitioner for 14 years, so there would be less of a learning curve there. I have not been practicing as a criminal lawyer for quite a few years, although I have sat in some criminal assignments, arraignment court and preliminary hearings and that sort of thing. There would be more to learn there for me, to catch up on the latest legal rulings in that area. And then, I think while I am very much looking forward, if I get confirmed, to presiding over jury trials, since that is something I have not done in a while, I would need to just come up to speed with the latest practices on handling that. So there would be learning curves, really, to any new assignment. Our court is very fortunate with all of the training opportunities it offers all of its judges, Magistrate Judges and Associate Judges. We all get training prior to being assigned to any new calendar, in that particular assignment. If I come aboard as a new Associate Judge, I will get even more broad training to help me adjust to the new role, and to learn some of the differences between what I have been doing and what I will be doing in that position. Senator Begich. I said I only have two questions, but I have one more. This is just from a non-lawyer, that is me. I have represented myself in court in Alaska a couple of times. I have apartments so I dealt with Forcible Entry and Detainer actions (FEDs). I know how judges handle people like me, sometimes they are not sure how to handle people like me because I am not an attorney. But those that come, and especially you will face that, people come in front of you that are not attorneys but represent themselves or attempt to represent their interests. How will you manage that, at the same time keeping an impartial view to the case that may be in front of you but trying to make sure they are availing themselves to their proper resources? Maybe they do not want to get an attorney. Judge Nooter. Thank you, Mr. Chairman. That is an excellent question because it has been part of our strategic plan and continues to be part of the Court's strategic plan to improve access to justice. That includes, certainly, self-represented parties coming into court. D.C. Superior Court has many calendar assignments where there are unrepresented parties. One is small claims court, where many of the parties are unrepresented, mostly on both sides. But there are attorneys who appear there also. I am currently handling a civil assignment that also involves a lot of unrepresented parties. It is a collections and subrogation assignment. So in that case, we generally have a lawyer on the side of the plaintiffs and no lawyer on the side of the defendants, which is the most common scenario. So I have been dealing with that issue in that assignment. Our recently modified Code of Judicial Ethics clarifies for judges their role in this, which is that it is appropriate to make sure that self-represented litigants have some understanding of the proceedings before them. And it is incumbent upon judges in those situations to take some time to explain what the procedure is, what the status of the case is, and what is expected of the parties going forward. Certainly, in Small Claims Court, before you go to trial you explain the whole trial process to the parties so that they can keep their presentations within those limitations. But it is more relaxed in Small Claims Court than it is in my court, the Collections Court, which follows the regular civil rules. Senator Begich. It is pretty cut and dried in Collections. Judge Nooter. Well, not necessarily, but the parties do have to follow the rules more strictly. In Small Claims Court, the rules allow you to interpret them more liberally. But the Court has been developing legal resources for parties in circumstances where there is really no funding for this. The Court has collaborated with local bar associations and some local legal services organizations to provide legal resource centers in the courthouse. They are not there every day, but they are there some days, where parties can go in and get legal advice about their case. And this has proven very helpful so I always refer unrepresented parties to those resource centers that are available, so that they can get it--because the line is that the Judge really cannot give legal advice to a party who is not represented and cannot go so far as to give an unfair advantage to an unrepresented party. So there is a balancing act that takes place in the courtroom. But these additional resources have been very helpful. Senator Begich. Very good. I have three yes or no questions, these are the required questions. So let me go ahead and work through those, if I can. Is there anything that you are aware of in your background that might present a conflict of interest with the duties of the office to which you have been nominated? It is a yes or no. Judge Nooter. No, Mr. Chairman. Senator Begich. Do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably discharging the responsibilities of office to which you have been nominated? Judge Nooter. No, Mr. Chairman. Senator Begich. Do you know of any reason, personal or otherwise, that would in anyway prevent you from serving the full term for the office in which you have been nominated? Judge Nooter. No, Mr. Chairman. Senator Begich. Very good. Let me just check one thing here. [Pause.] The hearing record will remain open until 5 p.m. tomorrow, October 9, for the submission of statements and questions for the record. The hearing, at this time, is now adjourned. Thank you and congratulations. [Whereupon, at 3:22 p.m., the Committee was adjourned.] A P P E N D I X ---------- [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]