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S. Hrg. 112–235 

NOMINATIONS OF JENNIFER A. DI TORO, DONNA 

M. MURPHY, AND YVONNE M. WILLIAMS 

HEARING 

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED TWELFTH CONGRESS 

FIRST SESSION 

NOMINATIONS OF JENNIFER A. DI TORO, DONNA M. MURPHY, AND 

YVONNE M. WILLIAMS TO BE ASSOCIATE JUDGES OF THE SUPERIOR 

COURT OF THE DISTRICT OF COLUMBIA 

JUNE 15, 2011 

Available via the World Wide Web: http://www.fdsys.gov/ 

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 

(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

MARK BEGICH, Alaska 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JERRY MORAN, Kansas 

MICHAEL L. ALEXANDER, Staff Director 

HOLLY A. IDELSON, Senior Counsel 

KENYA N. WILEY, Counsel 

LISA M. POWELL, Staff Director, Subcommittee on Oversight of Government Management, the 

Federal Workforce, and the District of Columbia 

KRISTINE V. LAM, Professional Staff Member 

NICHOLAS A. ROSSI, Minority Staff Director 

AMANDA WOOD, Minority Deputy General Counsel 

JENNIFER L. TARR, Minority Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 

PATRICIA R. HOGAN, Publications Clerk 

LAURA W. KILBRIDE, Hearing Clerk 

(III) 

C O N T E N T S 

Opening statement: Page 

Senator Akaka .................................................................................................. 1 

Prepared statement: 

Senator Akaka .................................................................................................. 15 

WITNESSES 

WEDNESDAY, JUNE 15, 2011 

Hon. Eleanor Holmes Norton, a Delegate in Congress from the District of 

Columbia ............................................................................................................... 1 

Jennifer A. Di Toro to be an Associate Judge, Superior Court of the District 

of Columbia ........................................................................................................... 4 

Donna M. Murphy to be an Associate Judge, Superior Court of the District 

of Columbia ........................................................................................................... 5 

Yvonne M. Williams to be an Associate Judge, Superior Court of the District 

of Columbia ........................................................................................................... 6 

ALPHABETICAL LIST OF WITNESSES

Di Toro, Jennifer A.: 

Testimony .......................................................................................................... 4 

Prepared statement .......................................................................................... 16 

Biographical and financial information .......................................................... 17 

Murphy, Donna M.: 

Testimony .......................................................................................................... 5 

Prepared statement .......................................................................................... 32 

Biographical and financial information .......................................................... 33 

Responses to post-hearing questions for the Record ..................................... 74 

Letters of support ............................................................................................. 81 

Norton, Hon. Eleanor Holmes: 

Testimony .......................................................................................................... 1 

Williams, Yvonne M.: 

Testimony .......................................................................................................... 6 

Prepared statement .......................................................................................... 55 

Biographical and financial information .......................................................... 56 

(1) 

NOMINATIONS OF JENNIFER A. DI TORO, 

DONNA M. MURPHY, AND 

YVONNE M. WILLIAMS 

WEDNESDAY, JUNE 15, 2011 

U.S. SENATE,

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS, 

Washington, DC. 

The Committee met, pursuant to notice, at 2:31 p.m., in room 

342, Dirksen Senate Office Building, Hon. Daniel K. Akaka, presiding. 

Present: Senator Akaka. 

OPENING STATEMENT OF SENATOR AKAKA 

Senator AKAKA. Aloha, and welcome to the Committee on Homeland Security and Governmental Affairs. 

Today, we consider the nominations of Jennifer Di Toro, Donna 

Murphy, and Yvonne Williams to be Associate Judges of the Superior Court of the District of Columbia. We consistently receive excellent candidates nominated by the President from those recommended by the nonpartisan Judicial Nomination Commission. I 

am sure that, if confirmed, these nominees will join the others who 

have appeared before us in making valuable contributions to the 

D.C. courts. 

I would now like to welcome Congresswoman Norton. She is like 

a legend, too, not only in this area, but in the House, and she has 

served the District of Columbia really well over the years. I yield 

for her introduction of our nominees. 

Please proceed, Congresswoman Norton. 

INTRODUCTION OF THE NOMINEES BY HON. ELEANOR 

HOLMES NORTON, A DELEGATE IN CONGRESS FROM THE 

DISTRICT OF COLUMBIA 

Ms. NORTON. Thank you, Chairman Akaka. I must say, your 

kind words, coming from one of the legendary icons of the Senate, 

are generous, indeed, and I appreciate them. I particularly appreciate your work, and I believe, for sure, I speak for the residents 

of the District of Columbia when I say that a great Senator has 

had time to work not only for his State, but to do wonderful work 

for the District of Columbia. We are always very pleased with how 

you have paid attention and moved our matters here in the Senate. 

Chairman Akaka, I have three candidates to offer this afternoon 

for the D.C. Superior Court. As you know, the D.C. Superior Court 

2 

is an Article I court, but these are city judges, for all intents and 

purposes. They sit on matters affecting D.C. law and the D.C. 

Code. They are very well prepared to do that, in my judgment. 

I begin, in alphabetical order, with Jennifer Di Toro, who would 

come to the court as Legal Director of the Children’s Law Center, 

which is the city’s largest civil legal services provider. She has also 

been a staff attorney for the Public Defender Service for the District of Columbia and an associate before that at the law firm of 

Zuckerman Spaeder. She has been Vice President of the Washington Council of Lawyers, has her Bachelor’s degree from Wesleyan University, a Master’s degree from the University of Oxford, 

and a J.D. from Stanford Law School. 

Donna Murphy has served in the Civil Rights Division of the Department of Justice (DOJ) for nearly 20 years. She is currently 

Principal Deputy Chief of the Housing and Civil Enforcement Section. She has had major posts in the Justice Department in this 

section throughout her service, as Deputy Chief and Special Counsel for Police Matters in the Division’s Special Litigation Section, 

as Deputy Chief and Trial Attorney in the Division’s Voting Section. She has received the John Doar Award for Exceptional Accomplishments given by the Justice Department. She clerked for a Federal judge in Montgomery, Alabama, received her law degree from 

Yale Law School, and is a graduate of American University. 

Finally, Yvonne Williams is in private practice at Miller and 

Chevalier, Chartered. She has litigated employment and employee 

benefit issues before Federal and State courts and administrative 

agencies. She has been a Staff Attorney for the Public Defender 

Service for the District of Columbia. She has tried 30 cases before 

juries and judges in the D.C. Superior Court, where she seeks to 

serve, as well as the D.C. Court of Appeals, and she has been an 

attorney with the NAACP Legal Defense and Educational Fund. 

She is a graduate of Northeastern University’s School of Law, and 

her B.A. is from the University of California at Berkeley. 

These are, in my judgment, Mr. Chairman, very well qualified 

candidates to sit on our D.C. Superior Court. 

Senator AKAKA. Thank you very much, Congresswoman Norton. 

With your support, there is no question that we will do our best 

to move this along as quickly as we can to get them confirmed. I 

appreciate your being here to introduce these nominees, and also 

I know how busy you are and appreciate your being here. Thank 

you very much. 

Ms. NORTON. Thank you, Mr. Chairman. 

Senator AKAKA. Our nominees all have strong legal backgrounds, 

as was mentioned by the Congresswoman, and have devoted much 

of their careers to public service. 

Ms. Di Toro currently is the Legal Director, as was mentioned, 

at the Children’s Law Center and also spent many years with the 

D.C. Public Defender Service. 

Ms. Murphy currently is the Principal Deputy Chief of the Housing and Civil Enforcement Section at the Department of Justice. 

Ms. Murphy has spent most of her career at DOJ working in the 

Voting and Special Litigation Sections of the Civil Rights Division. 

3 

Ms. Williams currently is counsel at the law firm of Miller and 

Chevalier. Before joining the private sector, Ms. Williams was an 

attorney with the D.C. Public Defender Service. 

I believe these nominees have much to offer to the D.C. Superior 

Court, and I hope—and I am repeating myself because it is important—that we can act quickly to confirm them. 

Each nominee has filed responses to a biographical and financial 

questionnaire submitted by the Committee, so without objection, 

this information will be made part of the hearing record, with the 

exception of the financial data, which will be kept on file and made 

available for public inspection in the Committee office. 

Our Committee rules require that all witnesses at nomination 

hearings give their testimony under oath. Therefore, at this time, 

I ask you to please stand and raise your right hand. 

Do you swear that the testimony you are about to give this Committee will be the truth, the whole truth, and nothing but the 

truth, so help you, God? 

Ms. DI TORO. I do. 

Ms. MURPHY. I do. 

Ms. WILLIAMS. I do. 

Senator AKAKA. Thank you. Please note for the record that the 

witnesses answered in the affirmative. 

Ms. Di Toro, I understand that you have family here with you 

today. We would like to meet them, and I would like to give you 

an opportunity to introduce them at this time. 

Ms. DI TORO. Thank you, Senator. I would like to introduce the 

members of my family who are here with me today: Marilyn and 

Dominic Di Toro, Enza Mullen Weitzner, Ellen Feder, and Dominic, 

Zoey, and Enza. 

Senator AKAKA. Will you raise your hands? Oh, there you are. 

Thank you for attending. It is great support. Thank you. 

Ms. Williams, please introduce your family. 

Ms. WILLIAMS. Thank you, Senator. I have with me today my 

son, Kendall Weaver; my mother, Julia Burgess; my brother, who 

is right behind me, Kevin Williams; and my stepfather, who is 

right there, Roy Singham. 

Senator AKAKA. Thank you. 

And I did not forget you, Ms. Murphy. Please introduce your 

family and any friends who are here today. 

Ms. MURPHY. Thank you, Senator. Mr. Chairman, I would like to 

introduce my family members who are here today. First, my husband, Keenan Keller; my daughters, Lillian Keller and Claire Keller; my parents, who have traveled here from Pennsylvania, Jack 

and Isabelle Murphy; and my father- and mother-in-law who have 

traveled here from Ohio, Albert and Inell Keller. 

And I have a number of friends and colleagues in the audience. 

I do not want to introduce them because I am sure I will miss 

someone, but I would like to thank all of them for their support. 

Senator AKAKA. Yes. Well, thank you so much. It is good to have 

all of you here because it shows the support that our nominees 

have. So thank you all. It is wonderful to see your loved ones here 

supporting you, and I am sure that they are proud of all you have 

accomplished. 

4 

1The prepared statement of Ms. Di Toro appears in the Appendix on page 16. 

Ms. Di Toro, we will begin with you. Please proceed with your 

statement. 

TESTIMONY OF JENNIFER A. DI TORO 1 TO BE AN ASSOCIATE 

JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Ms. DI TORO. Mr. Chairman and Members of the Committee, 

thank you for the opportunity to appear before you today and for 

considering my qualifications for a position as an Associate Judge 

of the Superior Court of the District of Columbia. 

It is a great honor to be nominated. I want to thank the Judicial 

Nomination Commission, in particular the Chair of the Commission, the Hon. Emmet G. Sullivan, for recommending me to the 

White House and President Barack Obama for nominating me. I 

very much appreciate Congresswoman Eleanor Holmes Norton taking time from her schedule to introduce me. My thanks also to the 

Senate Committee staff for their hard work in preparing for this 

hearing and for the courtesy and professionalism they have extended to me throughout this process. 

It has been my extreme good fortune to grow up in a household 

where curiosity, creativity, and excellence were actively encouraged. My parents, who you have met, my brother, Joe, and my 

aunts, uncles, cousins, and grandparents all contributed directly to 

my being before you today. I am grateful for their example and unflagging support. 

A number of my friends, colleagues, and mentors are here today. 

I am also thankful for their steadfast encouragement and sustaining good humor. I would finally like to extend my special 

thanks to Chief Judge Lee F. Satterfield for his encouragement and 

exemplary leadership. 

I attended law school in order to work on behalf of people who 

needed it most because they are living in poverty, facing the loss 

of liberty or property, or because they are children who require 

safety, stability, and health to live productive lives. I have been 

very fortunate to have worked at several of the District’s premier 

organizations in service to those ideals. 

At Georgetown University Law Center’s Criminal Justice Clinic, 

the Public Defender Service, Zuckerman Spaeder, and Children’s 

Law Center, I have had the honor of using my degree to enable 

people seeking solutions to pressing problems in environments that 

were challenging, rewarding, and inspiring. My commitment to 

public service and access to justice is also what motivates me to 

seek appointment to the bench. 

As the Committee knows, I have been practicing law in the District of Columbia for nearly 15 years, handling all of my cases in 

Superior Court. I am, as one Superior Court judge put it to me, 

‘‘homegrown,’’ and I am quite moved to be before you as a nominee 

to the very court where I learned my craft and by the prospect of 

joining such an engaged and demanding bench. From them, I have 

learned much of what I know about the law, about ensuring access 

to justice, fairness, and the demands and rewards of public service. 

5 

1The prepared statement of Ms. Murphy appears in the Appendix on page 32. 

I am humbled to be considered for this position. I thank you for 

the opportunity to appear today, and I look forward to answering 

your questions. Thank you. 

Senator AKAKA. Thank you very much, Ms. Di Toro. 

Ms. Murphy, please go ahead with your statement. 

TESTIMONY OF DONNA M. MURPHY 1 TO BE AN ASSOCIATE 

JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Ms. MURPHY. Thank you, Mr. Chairman. I want to thank you 

and the Members of the Committee for the opportunity to appear 

before you today and for your consideration of my qualifications for 

a position as an Associate Judge on the D.C. Superior Court. 

I would also like to thank the Judicial Nomination Commission, 

chaired by the Hon. Emmet Sullivan, for recommending me to the 

White House. I would like to thank President Barack Obama for 

my nomination and Delegate Eleanor Holmes Norton for her kind 

introduction. I would like to thank the Committee staff, also, for 

their professionalism in this process. 

I am pleased that many of my family members, friends, and colleagues are here with me today, including those that you met a few 

minutes ago, and I am grateful to all of my family, friends, colleagues, and mentors for the incredible support and encouragement 

they have provided me in my chosen career of public service, and 

particularly in my application for this position on the Superior 

Court of the District of Columbia. 

I was born and raised in Norristown, Pennsylvania. 

However, I have chosen Washington, DC, as my home. I first visited the District of Columbia on a family vacation when I was 

about 12 years old, and I decided at that time that I would make 

the city my home. I followed through by moving to the District to 

attend college at American University. I did leave for a few years 

to attend Yale Law School and then to begin my legal career by 

serving as a law clerk to the Hon. Myron Thompson of the U.S. 

District Court for the Middle District of Alabama. After my clerkship, though, I moved back to Washington to work for the U.S. Department of Justice, Civil Rights Division, and I have lived, 

worked, and been part of the community here in the District of Columbia ever since that time. 

Throughout my career, I have been fortunate to hold positions 

where my job every day is to do justice. This is a tremendous responsibility and a tremendous opportunity for me throughout my 

career. It began with my clerkship, where Judge Thompson taught 

me a tremendous amount about the law while also underscoring 

the importance of treating everyone who walks into the court with 

respect and dignity. Judge Thompson is a smart, fair, and respected jurist. He is one of my role models and has been an inspiration to me in seeking a position on the D.C. Superior Court. 

As an attorney and manager in the Civil Rights Division for the 

past 20 years, I have had the opportunity to protect and defend the 

civil rights of many people whose rights otherwise might never 

have been vindicated. I have challenged myself by working in a variety of complex substantive areas, including Federal voting rights 

6 

1The prepared statement of Ms. Williams appears in the Appendix on page 55. 

enforcement, civil enforcement of Federal laws prohibiting systemic 

law enforcement misconduct, and enforcement of Federal laws prohibiting discrimination in credit, housing, and public accommodations. 

I have worked in these areas as a Deputy Chief and Special 

Counsel, supervising numerous investigations and cases involving 

potential pattern or practice civil rights violations. I have trained 

dozens of new Department of Justice lawyers to enforce the law in 

a thorough and professional manner. I have been honored by the 

opportunity to make a difference in the lives of thousands of people 

throughout this great country by doing justice. I also have been 

very fortunate to have tremendously talented and dedicated colleagues in the Civil Rights Division. 

If I am confirmed for the position of Associate Judge on the D.C. 

Superior Court, I look forward to the opportunity to focus my legal 

skills and energy on serving the people of the District of Columbia 

and bringing to the bench my extensive litigation, negotiation, and 

management experience. I am truly honored and humbled to be 

considered for this position, and I would welcome the opportunity 

to devote myself to providing justice in a fair and respectful manner to the people of the District of Columbia. 

Thank you again for your time and your consideration of my 

nomination. 

Senator AKAKA. Thank you very much, Ms. Murphy. 

Ms. Williams, please proceed with your statement. 

TESTIMONY OF YVONNE M. WILLIAMS 1 TO BE AN ASSOCIATE 

JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Ms. WILLIAMS. Thank you. Mr. Chairman and Members of the 

Committee, I am grateful for and honored by the opportunity to appear before you today as a nominee to be an Associate Judge of the 

D.C. Superior Court. I would like to thank the D.C. Judicial Nomination Commission for recommending me to the White House and 

President Barack Obama for nominating me. I would also like to 

thank Congresswoman Norton for taking time out of her schedule 

to introduce me here today. I would also like to thank the Senate 

Committee staff members for considering my nomination and for 

treating me with the utmost courtesy and respect during this entire process. 

So you have met my family, and I want to thank them for not 

only being here, but for a lifetime of support, encouragement, and 

guidance that has truly shaped the person I have become today. I 

would also like to thank my father, John Williams, and my sisters, 

Tanya Williams, Jackie Kramer, and Dandridge Floyd, who all reside in Detroit, Michigan, but could not be here today. 

Finally, many of my fabulous friends, mentors, and colleagues, 

including apparently colleagues at Miller and Chevalier watching 

via webcast right now, are here with me today, and I would like 

to thank them for inspiring, challenging, and supporting me 

throughout my career. 

Whether as a teenager growing up in Chicago, Illinois, or as an 

undergraduate at the University of California at Berkeley, or as a 

7 

law student at Northeastern University School of Law, I have always been committed to doing what I can do to help improve and 

enrich the lives of others. At Northeastern, I was trained to become 

a lawyer imbued with a commitment to principled advocacy and to 

the notion that, because injustice can exist anywhere, it is our responsibility as lawyers to use the law to advance and improve the 

lives of those whom we serve. I have strived to do that for every 

client I have been fortunate enough to represent. As a D.C. Superior Court Judge, I will continue that commitment to making a 

positive difference in people’s lives. 

In my 14 years as a practicing attorney, I have fiercely advocated 

on behalf of my clients to protect and advance their rights and 

legal positions. During the first half of my career, I worked exclusively on behalf of low-income African-American workers before 

Federal courts throughout the country and indigent criminal defendants at both the trial and appellate level in D.C. Superior 

Court. In the second half of my career, to date, I have represented 

individuals and corporations in civil and criminal matters, defending their interests against various legal claims before Federal 

courts and administrative agencies. In each of these matters, I was 

dedicated to improving the circumstances of my clients and to 

working with them to seek and obtain just solutions to their problems. 

I am moved and humbled to be considered for a judgeship on the 

D.C. Superior Court. This is the court where I grew up as an attorney. This is where I learned how to be a lawyer and where every 

day I was reminded of the strength, perseverance, and compassion 

of the citizens of the District of Columbia. I am so proud to serve 

this great city in this capacity, and I thank you again for considering my nomination. 

Senator AKAKA. Thank you very much, Ms. Williams. 

I will begin with the standard questions this Committee asks of 

all nominees, and I would like you all to answer each question. 

Is there anything 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? 

Ms. DI TORO. No. 

Senator AKAKA. Thank you. 

Ms. MURPHY. No, Mr. Chairman. 

Senator AKAKA. Thank you. 

Ms. WILLIAMS. No, sir. 

Senator AKAKA. Thank you. 

Do you know of anything, 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? 

Ms. DI TORO. No, Mr. Chairman. 

Ms. MURPHY. No, Mr. Chairman. 

Ms. WILLIAMS. No, Mr. Chairman. 

Senator AKAKA. Do you agree, without reservation, to respond to 

any reasonable summons to appear and testify before any duly constituted committee of Congress if you are confirmed? 

Ms. DI TORO. I do, Mr. Chairman. 

Ms. MURPHY. Yes, Mr. Chairman. 

Ms. WILLIAMS. I do. 

8 

Senator AKAKA. Thank you very much for your responses. 

I see that all three of you have experience in public service. I 

commend your decision to continue your service by joining the D.C. 

judicial system. Please elaborate on why you are seeking appointment to become an Associate Judge at this point in your career. 

Ms. Di Toro, I would like for you to start, to be followed by Ms. 

Williams and Ms. Murphy. 

Ms. DI TORO. Thank you, Senator. The District of Columbia is 

the place, and the Superior Court in particular, where, as Ms. Williams said, I grew up as a lawyer, and it is the place where I believe justice is done every day for the citizens who come through 

the doors. I believe that I am able, at this point in my career, to 

make a contribution to that system of justice. I have had experience in the Family Court and in the Criminal Division, and I would 

be honored to serve in either if I am confirmed. 

I believe that access to justice is one of the things that characterizes the United States of America’s greatness and truth, and being 

able to walk through the doors of the Superior Court and know 

that you will receive a full and fair hearing is something to which 

I would be very honored to contribute. 

Senator AKAKA. Thank you very much. Ms. Williams. 

Ms. WILLIAMS. Thank you, Mr. Chairman. Quite honestly, as I 

said in my statement, the reason I sought to secure a position as 

a D.C. Superior Court judge truly was to be able to make a positive 

difference in people’s lives. I think in a courthouse like the D.C. 

Superior Court, you are faced with issues and you are faced with 

people who are dealing with issues that are sometimes unimaginable, and I think that they look to places like D.C. Superior Court 

for empathy, for assistance, for respect, and most importantly, for 

justice, and I think that my background kind of uniquely suits me 

to be able to assist and offer my help to people and litigants before 

D.C. Superior Court, as it is a very active court and people expect 

prompt justice and they expect it with a level of respect that I 

know that I can provide them. And I think that it is crucial that 

we have judges who are committed to providing litigants that kind 

of treatment and respect, and my background certainly, I think, is 

consistent with that offering. 

Senator AKAKA. Thank you very much. 

Ms. WILLIAMS. Thank you. 

Senator AKAKA. Ms. Murphy. 

Ms. MURPHY. Thank you, Mr. Chairman. Unlike my two fellow 

nominees, I have spent my career in the Federal courts, and as I 

described, I have been very honored to have a very rewarding career in the Civil Rights Division. I have enjoyed and really hopefully done my best at opportunities and challenges I have had to 

help the individuals who were affected by the pattern or practice 

civil rights violations that I help to address through my work 

throughout the country. 

But one thing I have not had the opportunity to do very often 

is to bring my legal skills and my public service to bear in the District of Columbia. Because the Justice Department has nationwide 

jurisdiction, we only occasionally have cases in the District of Columbia, and as a 20-year resident of the District of Columbia with 

children who are growing up here and as an active member of the 

9 

community, at this point in my career, I would like to bring my 

legal skills and experience that I have gained through the experiences I have had at DOJ to bear in a very positive way for the people in the District, and that is the main motivation for my looking 

to join the D.C. Superior Court. 

Senator AKAKA. Let me just follow up with a question for you, 

Ms. Murphy. Can you please describe your temperament and the 

qualities you believe you would bring to the bench, if confirmed? 

Ms. MURPHY. Thank you, Mr. Chairman, for that question. I, in 

my career for the last 15 years, have been a manager at the Department of Justice, and I, in that position, always try to bring a 

thoughtful, calm, and analytical approach to the issues that are 

brought before me. We receive complaints. The teams I supervise 

investigate them, and we have to determine what recommendation 

to make to the policy makers at the Department. 

In that position, I deal with differing opinions, analyze the situation, try to get all the facts and apply them to the relevant law, 

and then make the best recommendation that I can in, as I said, 

a careful and thoughtful manner. I believe that I would bring those 

same qualities of balance, care, and analysis to the bench and to 

the problems that I would approach as a D.C. Superior Court judge 

if I am confirmed. 

Senator AKAKA. Thank you very much. 

Ms. Di Toro, as a judge, you may have pro se litigants or young 

and inexperienced attorneys appear before you. How have your experiences prepared you to deal with these situations? 

Ms. DI TORO. Thank you for that question. I have a lot of experience with direct service, and there is not very much difference between talking to someone who is facing the crisis of a lifetime and 

trying to explain in clear, non-legal language what is about to happen, the likelihood of outcomes that are of concern to them, and to 

do so in a way that is respectful, is empathetic, and allows plenty 

of time for people to ask questions. And my hope is that I would 

be that kind of judge, who allows time for people to ask questions, 

to consult with counsel if they need it. 

And for pro se litigants, it is particularly important that they understand that courtrooms have procedures, that we have rules that 

govern proceedings, that there are rules of evidence, that there are 

rules governing witnesses, and it is the responsibility of the judge 

to make sure that there is a just outcome in every case. And it is 

more difficult, conceivably, with pro se litigants, but my belief is, 

with my extensive experience with children, adults, and teenagers 

in my current job, that it is possible to keep an even temperament, 

with reference to your prior question for Ms. Murphy, and also to 

help people, regardless of whether they have counsel or not, 

through these very difficult processes. 

Senator AKAKA. Thank you for your response. 

Ms. Williams, a judge is often challenged to rule on complex 

issues both quickly and correctly. Please describe how your experience qualifies you to confront this challenge. 

Ms. WILLIAMS. Well, my experience for most of my career has 

been either as a trial lawyer or as a litigator, and as a trial lawyer 

and as a litigator, particularly as a trial lawyer, you are often 

thinking on your feet. You are often having to move very quickly 

10 

and come up with legal solutions to problems that are facing your 

clients as they come up in trial. 

As a litigator, when you are faced with any kind of legal issue, 

obviously, the first thing that you do is you research the answer 

to the question if you do not know the answer. I certainly would 

not, if confirmed, be a judge to shoot from the hip and go from 

there. Certainly, research is important. Listening to the litigants 

before you is also very important, and certainly relying on the arguments that they represent is important. 

Finally, relying on your colleagues with whom you work is important. Certainly, you cannot be an effective litigator or a trial lawyer—at least, I cannot—without relying on and being able to look 

to your fellow colleagues who have been doing it longer than you, 

who have different strategies and different ways of looking at 

things and resolving problems. And so all of those avenues of 

reaching out certainly should be explored before coming to any 

kind of legal conclusion, I would suspect, and that is what I certainly plan to do, if confirmed, as a D.C. Superior Court judge. 

Thank you. 

Senator AKAKA. Thank you. 

The role of a judge is very different from the role of an advocate 

and will be new to all three of you. Will you please discuss how 

you will transition to the role of an impartial decisionmaker. So let 

me call on Ms. Murphy first. 

Ms. MURPHY. Thank you, Mr. Chairman. I believe that if I am 

confirmed, I will be able to transition successfully to the role of a 

judge based on experiences that I have had during my career thus 

far. In particular, one of the things that I mentioned earlier in 

terms of one of my jobs as a manager at the Department of Justice 

is to listen to differing points of view and sometimes synthesize 

those and sometimes just make a decision in terms of how we 

should proceed at a recommendation level or how we would proceed 

in a trial or on a procedural matter. 

In approaching those kinds of decisions, I believe it is very important to listen to all sides of the issues and to ensure that everyone has their say and then to move forward in making decisions. 

So I am comfortable, certainly, building consensus. I am also comfortable mediating solutions, and I am also comfortable making decisions when I have to make a decision regarding conflicting points 

of view. 

Senator AKAKA. Ms. Di Toro. 

Ms. DI TORO. Thank you, Mr. Chairman. The transition, as I see 

it, is going from an attorney whose job it is, whose ethical duty it 

is to zealously advocate for a single client to being responsible for 

all of the litigants, all of the parties in a case. I believe that the 

same qualities that enable me to counsel clients regarding the 

many possible outcomes in their cases would serve me as a judge 

in being able to conduct myself and my courtroom in such a way 

that all parties who appear leave with a sense that they have been 

treated fairly, regardless of the outcome of their case. There have 

to be winners and there have to be losers, but everyone ought to 

leave the D.C. Superior Court and, if I am confirmed, my courtroom with a sense that they have been heard and that they have 

been able to fully present their side of the case. 

11 

Senator AKAKA. Thank you. Ms. Williams. 

Ms. WILLIAMS. I kind of have to piggyback just a little bit on 

what Ms. Di Toro was saying. As a litigator, and even as a trial 

lawyer, it is very difficult to be successful if you only know your 

case, but you do not know the case of your opponent. I find myself 

always objectively standing back and looking at my cases and trying to figure out what are the strongest arguments on both sides 

and being able to articulate both positions to my client so my client 

can make an informed decision about what it is that they want to 

do. 

Obviously, that level of objectivity will inform my ability to be an 

effective D.C. Superior Court judge, if confirmed, and I hope to 

bring that level of objectivity and understanding to the bench and 

to assist the litigants who would appear before me. Thank you. 

Senator AKAKA. Thank you. 

Ms. Williams, the D.C. Superior Court handles many different 

types of cases, and a judge may not know which docket he or she 

will be assigned to. How has your career prepared you to handle 

the wide range of legal issues you will be confronting? 

Ms. WILLIAMS. Well, my career is kind of different than a lot of 

people in that I have done a significant amount of civil work as 

well as a significant amount of criminal work. I think a lot of attorneys do work in one specific area and do not go into both. I have 

defended plaintiffs. I have represented plaintiffs in civil cases. I 

have represented defendants in civil cases and, obviously, defendants in criminal cases. And so my experience is very varied in 

terms of representation of individuals and corporations who appear 

before courts. 

Now, when I take the bench, if confirmed, that experience, I am 

sure, will be helpful as a judge. But one of the major things I will 

probably do if I am confirmed is to seek advice and counsel from 

the other judges who have been there for years before me and who 

obviously have had countless experiences as a judge and probably 

can remember very well their first day being there and can guide 

me and help me through the process. But I am sure that the background that I have had thus far will at least give me a good foundation to start off. Thank you. 

Senator AKAKA. Thank you. 

Ms. Murphy, I want to ask you a related question. You have primarily practiced civil law. You may, however, be assigned to a 

criminal docket. What steps will you take to familiarize yourself 

with different areas of the law? 

Ms. MURPHY. Thank you, Mr. Chairman. If I am confirmed and 

if I were assigned to a criminal docket, I think there are a number 

of steps that I would take to familiarize myself. First of all, my understanding is that the Superior Court has an excellent training 

system, and I would certainly take advantage of all the training 

they offered. I would also consult, as Ms. Williams said, with the 

more experienced judges in terms of their procedures and their best 

practices and any other advice they would have in terms of running 

a particular type of docket, and I would do that regardless of which 

type of docket I was assigned to. I would also, of course, do the research that was necessary to familiarize myself with all of the applicable rules and requirements for running that type of docket. 

12 

I think that I could bring experience that would be useful because while I have practiced only civil law, I have practiced in a 

number of different substantive areas and have learned each of 

those areas in my career with these kinds of measures. Also, while 

I have not practiced criminal law per se, my experience working 

with law enforcement agencies in the Special Litigation Section has 

given me some familiarity with police procedures and various aspects of State court criminal proceedings that I think would give 

me a basis for beginning to learn how to run that kind of docket 

as a judge. Thank you. 

Senator AKAKA. Thank you. 

Ms. Di Toro, as you know, courtrooms can often be emotionally 

charged places. Please describe how you plan to maintain a productive courtroom environment while making sure people feel their 

concerns were heard. 

Ms. DI TORO. I would say that the judge does set the tone in a 

courtroom and courtrooms that are scheduled in such a way that 

people know that the time that they are scheduled to appear is at 

or very close to the time that their case will be heard. 

In terms of the emotions, people are in distress, and it is fair 

that they be able to express that distress. It is also reasonable, I 

believe, for the judge to maintain a sense of order. It is actually 

critical. And some of the same skills that I have acquired dealing 

with clients who also were facing very difficult circumstances are 

applicable to the role that I believe a good judge plays, which is to 

acknowledge that something is difficult, to explain clearly what is 

going on, to listen, and if necessary, to ask that the person or people perhaps take a recess, collect themselves. I have been very privileged to be in courtrooms that were the scene of extremely difficult 

circumstances and to watch judges on the Superior Court calm the 

proceedings and move forward efficiently while still balancing the 

need for litigants to be heard. 

Senator AKAKA. Thank you very much for your response. 

This is my final question to all of you, and I would like you to 

respond. During your years practicing law, you have appeared before many judges and no doubt learned a great deal from just observing them. Will you describe qualities you hope to emulate and 

those you hope to avoid. [Laughter.] 

Ms. Williams, will you please begin, followed by Ms. Murphy and 

Ms. Di Toro. Ms. Williams. 

Ms. WILLIAMS. Yes, I have appeared before many judges, in fact, 

in D.C. Superior Court, obviously, as a public defender, and the 

judges in D.C. Superior Court are superior judges. It is an outstanding bench that we have and we are lucky enough to practice 

in front of. 

But I will say the judges that I hope to emulate are the judges 

who are unbelievably empathetic and caring, particularly about the 

children who come before them in family court matters or in juvenile court matters. I mean, you can see some very distressing fact 

patterns, to put it mildly, and the judges are unbelievably empathetic and caring about really getting it right, really getting the 

services for the family and for the children who are before them, 

and that is something that I truly hope to emulate. 

13 

Some judges are very, I will say, fast. They rule on motions 

quickly. They are very polite to litigants, and I really hope to do 

that, as well, in terms of being patient and polite and, most importantly, ruling on motions quickly to the extent that it is possible 

to rule any more quickly because I know what it is like to represent clients who really want their matters resolved as quickly as 

possible, and I know that there is a lot of pressure on judges to get 

things through, and I hope to be able to do that. 

Things that I hope to not do would be allowing lawyers just to 

sit around all day without having taken the bench in a timely fashion. That has happened to me several times as a lawyer. It still 

happens, and obviously, sometimes you cannot control your schedule, and sometimes it happens that judges cannot take the bench 

in an entirely timely fashion. But there are some judges who routinely are late, and it can be very difficult as a lawyer, representing 

a client. Clients get impatient. They want to be heard. I mean, that 

is what judges are there for. We are there to serve the people who 

are there and to get on the bench on time and start serving. So 

that is what I hope to not do. Thank you. 

Senator AKAKA. Thank you very much. Ms. Murphy. 

Ms. MURPHY. Thank you, Mr. Chairman. I would echo Ms. Williams’ statements about the importance, I think, of empathy and 

also efficiency in judging, and I would hope that, if I am confirmed, 

I would emulate the judges whom I have appeared in front of who 

are very good in those categories. 

I have been fortunate that the vast majority of judges I have appeared in front of have been very good judges, and the other quality that I would say is most important, that I would like to emulate 

the most, is respect for all the litigants, which I think is absolutely 

crucial—to show and to demonstrate, the way questions are asked 

and the way that proceedings are run, that the judge has respect 

for all the parties as well as the lawyers, and that is something 

that I have seen done very well, and also for the jurors when you 

have a jury. I have watched good judges run jury trials in a way 

that shows how respectful they are of the jurors’ time, and I think 

that is very crucial as well. 

In terms of what I would avoid, the one thing I think I would 

try to avoid the most is lack of transparency about what is going 

on. When judges are not clear with the attorneys about what they 

are doing—for example, if it is going to take time to rule on a particular motion, it is much better, in my view, for the judge to let 

the parties know and let the attorneys know that it is going to take 

several weeks, or that he or she is going to rule on the motion in 

a certain time and fashion and to set a scheduling order and to be 

very transparent about the procedures that are followed so that the 

attorneys and the parties are not left guessing, and that would be 

something that I would certainly want to avoid, and I would try to 

establish very transparent and clear procedures for how I was operating. 

Senator AKAKA. Thank you. Ms. Di Toro. 

Ms. DI TORO. Thank you, Mr. Chairman. And for my part, I 

agree with what my fellow nominees have said. I do think that the 

judge’s temperament is exceedingly important and, as I said before, 

does set the tone. I would hope that I would be a rigorous judge. 

14 

The judges that I enjoyed appearing in front of the most were the 

judges I knew were demanding the most of the parties. I appreciate 

efficiency, patience, politeness, and I have also had the experience 

in family court of judges who are truly empathetic to the circumstances facing the families of the District of Columbia. 

It is important that judges get it right and that they also understand that if something is going to take a long time—I agree with 

Ms. Murphy—you tell the litigants that this is going to take some 

time and be clear about how long it is likely to take for rulings or 

motions, or even the day’s proceedings. I have always appreciated 

when a judge says, ‘‘We will be back at two o’clock,’’ and we are 

back at two o’clock. 

I would also avoid long waits for clients, for witnesses, for jurors, 

and for families. It is asking a lot of people who are anxious to 

spend hours and hours, sometimes excluded from courtrooms when 

they are closed for sealed proceedings, to just wait. And by the 

same token, I would try to avoid rushing litigants. I think it is a 

difficult balance, and I have absolutely been fortunate to practice 

in a courthouse where those qualities are the norm. 

I think the D.C. Superior Court serves D.C. residents with enormous dignity, and if I am confirmed, it would be a great honor to 

be able to do the same. 

Senator AKAKA. Well, thank you very much for your responses, 

and thank you for your testimony. 

There are no further questions at this time from me. There may 

be additional questions for the record, which will be submitted to 

you in writing. The hearing record will remain open until the close 

of business tomorrow for Members of this Committee to submit additional statements or questions. 

I want to compliment you and thank you for bringing your families, your friends, and your supporters to this hearing. I want to 

thank the staff for all the work that they have done to bring this 

about. We will move as quickly as we can toward confirmation. It 

is my hope that this Committee and the Senate will be able to act 

quickly on it. 

So again, thank you very much. I have enjoyed you and your 

families. This has been like a family session today. But I want to 

wish you well in what is coming in the future. I just want to say 

that your future work will really add to the community and its well 

being. So thank you very much and aloha. 

This hearing is adjourned. 

[Whereupon, at 3:24 p.m., the Committee was adjourned.] 

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