U.S. GOVERNMENT PRINTING OFFICE

65–380 cc WASHINGTON : 2000

S. Hrg. 106–591

NOMINATIONS OF ANNA BLACKBURNE-RIGSBY,

THOMAS MOTLEY, AND JOHN MOTT

HEARING

BEFORE THE

COMMITTEE ON

GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

ON THE

NOMINATIONS OF ANNA BLACKBURNE-RIGSBY, THOMAS MOTLEY, AND

JOHN MOTT, TO BE ASSOCIATE JUDGES OF THE SUPERIOR COURT OF

THE DISTRICT OF COLUMBIA

MAY 10, 2000

Printed for the use of the Committee on Governmental Affairs

(

For sale by the Superintendent of Documents, Congressional Sales Office

U.S. Government Printing Office, Washington, DC 20402

(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS

FRED THOMPSON, Tennessee, Chairman

WILLIAM V. ROTH, Jr., Delaware

TED STEVENS, Alaska

SUSAN M. COLLINS, Maine

GEORGE V. VOINOVICH, Ohio

PETE V. DOMENICI, New Mexico

THAD COCHRAN, Mississippi

ARLEN SPECTER, Pennsylvania

JUDD GREGG, New Hampshire

JOSEPH I. LIEBERMAN, Connecticut

CARL LEVIN, Michigan

DANIEL K. AKAKA, Hawaii

RICHARD J. DURBIN, Illinois

ROBERT G. TORRICELLI, New Jersey

MAX CLELAND, Georgia

JOHN EDWARDS, North Carolina

HANNAH S. SISTARE, Staff Director and Counsel

ASH J. JAIN, Counsel

KRISTINE I. SIMMONS, Staff Director, Oversight of Government Management,

Restructuring, and the District of Columbia Subcommittee

MASON C. ALINGER, Professional Staff Member, Oversight of

Government Management, Restructuring, and the District of Columbia Subcommittee

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel

PETER A. LUDGIN, Minority Professional Staff Member

DARLA D. CASSELL, Administrative Clerk

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C O N T E N T S

Opening statements: Page

Senator Voinovich ............................................................................................. 1

WITNESSES

WEDNESDAY, MAY 10, 2000

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

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

Anna Blackburne-Rigsby, to be Associate Judge of the Superior Court of

the District of Columbia ...................................................................................... 3

Thomas Motley, to be Associate Judge of the Superior Court of the District

of Columbia ........................................................................................................... 3

John Mott, to be Associate Judge of the Superior Court of the District of

Columbia ............................................................................................................... 5

Hon. Charles E. Schumer, a U.S. Senator from the State of New York ............. 7

ALPHABETICAL LIST OF WITNESSES

Blackburne-Rigsby, Anna:

Testimony .......................................................................................................... 3

Biographical information ................................................................................. 9

Motley, Thomas:

Testimony .......................................................................................................... 3

Biographical information ................................................................................. 36

Mott, John:

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

Biographical information ................................................................................. 63

Norton, Hon. Eleanor Holmes:

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

Schumer, Hon. Charles E.:

Testimony .......................................................................................................... 7

Prepared statement .......................................................................................... 8

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NOMINATIONS OF ANNA BLACKBURNERIGSBY, THOMAS MOTLEY, AND JOHN MOTT

WEDNESDAY, MAY 10, 2000

U.S. SENATE, COMMITTEE ON GOVERNMENTAL AFFAIRS, Washington, DC.

The Committee met, pursuant to notice, at 9:56 a.m., in room

SD–342, Dirksen Senate Office Building, Hon. George V. Voinovich

presiding.

Present: Senator Voinovich.

OPENING STATEMENT OF SENATOR VOINOVICH

Senator VOINOVICH. Good morning. The hearing will come to

order.

I would like to welcome everyone, especially our nominees: Anna

Blackburne-Rigsby, Thomas Motley, and John Mott. And we are

very happy to have Delegate Eleanor Holmes Norton with us this

morning.

All of the individuals have been nominated to serve as Associate

Judges for the District of Columbia Superior Court, and let me

state for the record that all of our nominees have been subjected

to a very thorough screening process. They were all recommended

by the District’s Judicial Nomination Committee, subjected to FBI

background investigations, and subsequently nominated by the

President of the United States. So they have gone through a lot

more than some other judges go through in order to get to this

table.

Since the nominations were received, the Committee staff has

also conducted separate background checks and interviews with

each of the nominees. I understand that Delegate Norton is here

to introduce one of the nominees, and Senator Schumer should be

here in just a while. But I know, Delegate Norton, you are a busy

person, and so I will ask you if you will introduce Mr. Mott.

TESTIMONY OF HON. ELEANOR HOLMES NORTON, A

DELEGATE IN CONGRESS FROM THE DISTRICT OF COLUMBIA

Ms. NORTON. Thank you, Mr. Chairman. It is my great pleasure

to introduce two of these nominees.

First, John Mott, who has been an acting chief and is now deputy

chief of the Criminal Section of the Civil Rights Division of the Justice Department. Mr. Mott has had an unusually distinguished career. For the last 2 years, he has garnered four of the Department’s

top awards. He continued his career there after a career of excellence at the Public Defender’s Service, considered the best Public

2

Defender’s Service in the country, where he received extensive experience with criminal defendants and juveniles. He is a member

of the Hispanic Bar Association and has been especially active in

committees of the D.C. Bar Association.

Mr. Mott distinguished himself in college and law school, at

Northeastern Law School, where he was a teaching assistant, and

at Dartmouth College, where he was a member of a senior honor

society.

Mr. Mott is especially well prepared to become an associate judge

of the Superior Court, and it is a very special pleasure for me to

recommend him to you.

It is, indeed, a pleasure as well to recommend Thomas Motley to

be an associate judge of the Superior Court. Mr. Motley, like me,

is a native Washingtonian. Mr. Motley is in the tradition of African

Americans, who have lived in this city since its founding and have

always put a premium on education, pursued it extensively, rising

to the top of the opportunities available to them.

Mr. Motley went on from Coolidge High School to Columbia College, where he won several prizes and was the class marshal, and

then to Harvard Law School, where he was an editor of one of the

law reviews. He went on to clerk for a Federal district court judge,

and was recruited to a distinguished downtown law firm, Steptoe

and Johnson.

Mr. Motley has spent most of his career as an Assistant U.S. Attorney, rising to the very top of the U.S. Attorney’s Office, second

only to the U.S. Attorney, herself, as Principal Assistant U.S. Attorney in the office, which is the largest and most important U.S.

Attorney’s Office in the country.

Mr. Motley’s work there predicts that he will distinguish himself

on the Superior Court. He has prosecuted 500 felony cases, including 50 jury trials in the District. We appreciate, especially, his civic

service particularly to children, including his service in Big Brothers and Big Sisters as an officer and with the Catholic Youth Organization. I am especially pleased to recommend Thomas Motley to

the Committee.

Senator VOINOVICH. Thank you very much. We appreciate your

being here with us this morning.

Ms. Rigsby, when Senator Schumer gets here—he will be here in

about 10 or 15 minutes—so when he comes, we will give you an

introduction. By that time, it may be over. [Laughter.]

But I can assure everyone that we have reviewed your resume

and background, and you are very qualified.

As part of the Committee’s practice, I would like the three of you

to stand and raise your right hand and take the oath of office. Do

you solemnly swear that the testimony you will give to the Committee today will be the truth, the whole truth, and nothing but the

truth, so help you, God?

Ms. BLACKBURNE-RIGSBY. I do.

Mr. MOTLEY. I do.

Mr. MOTT. I do.

Senator VOINOVICH. Let the record show that the three nominees

answered in the affirmative. Thank you.

3

1The biographical and professional information of Ms. Blackburne-Rigsby appears in the Appendix on page 9. 2The biographical and professional information of Mr. Motley appears in the Appendix on

page 36.

I would now like to welcome Ms. Blackburne-Rigsby. We are

pleased to have you here today. Are you accompanied by any of

your family members that you would like to introduce?

TESTIMONY OF ANNA BLACKBURNE-RIGSBY,1 TO BE ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT

OF COLUMBIA

Ms. BLACKBURNE-RIGSBY. Yes, Senator, thank you. I am accompanied today by my husband, Robert Rigsby, who is seated behind

me—he is a Corporation Counsel of the District of Columbia—and

my mother and father. My mother, Laura Blackburne, is on the

bench in New York State, the Supreme Court there, and my father,

Elmer Blackburne, is a District Leader in Queens, N.Y. I am also

accompanied by my sisters: Dr. Rose Blackburne, and Faith

Blackburne, who serves on the House staff. My son Julian, who is

two and a half, couldn’t join us today.

I am also pleased to have a number of colleagues from the Federal District Court and D.C. Superior Court. Judge Ricky Roberts,

from the Federal District Court, is here today, and colleagues from

Superior Court, Chief Judge Eugene Hamilton, Judge Lee

Satterfield, Judge Cheryl Long, and Judge Mary Terrell. My secretary, Laverne Boone, and Courtenay Nelson are also joining me

from the office. Thank you.

Senator VOINOVICH. Thank you. I know that your family and

husband are very proud of you today, and especially following in

a family tradition.

Ms. BLACKBURNE-RIGSBY. Thank you.

Senator VOINOVICH. It is wonderful.

Would you like to make an opening statement of any sort?

Ms. BLACKBURNE-RIGSBY. Just briefly. I would first like to thank

you, Senator, and the other Senators on the Committee and your

Committee staff, who have done an excellent job in assisting us

through this process. I am very excited and take very seriously the

responsibilities that we are about to undertake if confirmed by the

Senate. And if confirmed, I intend to serve the citizens of the District of Columbia with dedication and enthusiasm, and I thank you

for this opportunity to be here today.

Senator VOINOVICH. Thank you.

I would like to welcome you, Mr. Motley. We are pleased to have

you here today, and would you like to introduce any of your friends

or family?

TESTIMONY OF THOMAS MOTLEY,2 TO BE ASSOCIATE JUDGE

OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Mr. MOTLEY. Yes, I would. I would like to begin with my brother,

Leutrell Michael Carlton Osborne. He is my oldest brother who I

have lived with for most of my—some of my youth.

I also would like to introduce my sister, Victoria Motley Washington, who is from Durham, North Carolina, and my sister,

4

Francine Motley Clark, who is also from Durham, North Carolina,

who drove up last night to be here today.

I take special pleasure to introduce my two nephews. They are

both attending college, North Carolina A&T. One is Morris Jefferson Clark, who is graduating on Saturday. The other is Jason Motley Clark, who is a rising senior.

I have colleagues who are here today. First, let me start off with

my present boss, Wilma A. Lewis. She is the U.S. Attorney for the

District of Columbia. And I am happy that she is here. We have

a lot of work to do back at the office.

With her today is Special Counsel J. Ramsey Johnson, and I

would like to thank him for being here today, and also Channing

Phillips.

My second boss is here also. She is my secretary, and I would

add that she is probably the best secretary in the government,

Felicia People, and I would like to thank her for being here. I

would like to thank Lydia Griggsby for being here, Monty

Wilkinson for being here, Chief Judge Hamilton, of course, and

other colleagues or future colleagues on the Superior Court bench,

Lee Satterfield, Mary Terrell, and Judge Long.

I don’t think I left anybody out, but if I did——

Senator VOINOVICH. Well, you certainly have a lot of support, Mr.

Motley.

Mr. MOTLEY. I would like to add that Judge Ricky Roberts is

here. Judge Roberts was a colleague of mine in the U.S. Attorney’s

Office. I think all three nominees know Judge Roberts, and he’s

here for all three of us.

That’s it.

Senator VOINOVICH. Well, we would like to welcome all of you

here. Mr. Motley, would you like to share with us your feelings

about the opportunity to serve on the bench?

Mr. MOTLEY. Yes. It is an honor to appear before this Committee

to discuss my qualifications to become an associate judge on the

Superior Court of the District of Columbia. I would like to thank

the members of the District of Columbia Nomination Commission

for recommending me and the President of the United States for

nominating me. I appreciate the hard work that your able staff has

already performed in reviewing my nomination.

Finally, I would like to thank Delegate Eleanor Holmes Norton

for her kind introduction of myself and John Mott. As you know,

the Superior Court of the District of Columbia is one of the finest

trial courts in the country. If I am confirmed to serve on that court,

I will work diligently to continue that fine reputation.

As a native Washingtonian, I look forward to the opportunity to

serve the citizens of this community as an associate judge on the

Superior Court, and I’m happy to answer any other questions that

the Committee may have.

Senator VOINOVICH. Thank you very much.

Mr. Mott, welcome. Are there any family members that you

would like to introduce today, and friends?

5

1The biographical and professional information of Mr. Mott appears in the Appendix on page

63.

TESTIMONY OF JOHN MOTT,1 TO BE ASSOCIATE JUDGE OF

THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Mr. MOTT. I will keep my introductions short, but I’d like to introduce my wife, Cristina, who is behind me. I’m also very pleased

that my old boss, the Hon. Richard Roberts from the U.S. District

Court for the District of Columbia is here, and Chief Judge Hamilton is here from the Superior Court.

Senator VOINOVICH. And I am sure that they are pleased to be

here with you today.

Mr. MOTT. I’d also like to thank my many colleagues and friends

who are in the audience, who I will not introduce by name.

Senator VOINOVICH. I can pretty well tell who your wife was

when you were introduced. Very proud.

Mr. MOTT. Thank you.

Senator VOINOVICH. Would you like to make an opening statement?

Mr. MOTT. Thank you, Senator. I’m honored to be here, and I

want to thank you and thank your staff. I would echo the comments that were made earlier and thank the Committee staff for

their graciousness and their professionalism through this process.

I am extremely grateful to have been nominated for a position on

the D.C. Superior Court. It’s the court where I learned to be a trial

lawyer. It’s a tremendous responsibility, and I will do everything

in my power to live up to that responsibility if I’m nominated for

a position on the court.

Senator VOINOVICH. Thank you. Again, I would like the record to

reflect that the three nominees today have gone through a very extensive screening process, and I suspect that this hearing this

morning is going to be rather short, and I wouldn’t want anyone

to interpret the shortness of it as an indication that the three of

you haven’t gone through quite a long ordeal to get to this hearing

table today. And I want to publicly thank our staff for the fine

work that they have done, and I want you to know that I have visited with the Justice Department in regard to all three of your

nominations and have gone over them personally, and I am most

impressed with your credentials.

There are some mandatory questions for the record, though, that

need to be answered this morning, and I suspect that you have

been familiarized with those questions. And I would like to ask

each of you those questions, and, Ms. Blackburne-Rigsby, we will

start with you.

The first 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?

Ms. BLACKBURNE-RIGSBY. No, sir. However, Senator, I feel I

should mention something that has been previously discussed with

your Committee staff, and that is that my husband, Robert Rigsby,

is the Corporation Counsel of the District of Columbia, and some

of the attorneys in that office practice in Superior Court. He has

been in other management positions in the office while I have

served on the court as a hearing commissioner, and we have dealt

6

with any possible appearances of a conflict of interest by me

recusing myself from cases where I thought there might be a conflict or even an appearance of a conflict. And I certainly would continue that practice if I’m confirmed as an associate judge.

Senator VOINOVICH. I appreciate your bringing that out this

morning.

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?

Ms. BLACKBURNE-RIGSBY. No, Senator, I do not.

Senator VOINOVICH. And do you know of any reason, personal or

otherwise, that would in any way prevent you from serving the full

term for the office to which you have been nominated?

Ms. BLACKBURNE-RIGSBY. No, sir.

Senator VOINOVICH. Thank you.

Mr. Motley, 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. MOTLEY. No, I am not.

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. MOTLEY. No, I do not.

Senator VOINOVICH. And, last, do you know of any reason, personal or otherwise, that would in any way prevent you from serving

the full term for the office to which you have been nominated?

Mr. MOTLEY. No, I do not.

Senator VOINOVICH. Thank you.

Mr. Mott, 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. MOTT. No, Mr. Chairman.

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. MOTT. No, I do not.

Senator VOINOVICH. And do you know of any reason, personal or

otherwise, that would in any way prevent you from serving the full

term for the office to which you have been nominated?

Mr. MOTT. No, Mr. Chairman.

Senator VOINOVICH. Well, those are the mandatory questions,

and as I mentioned, I have gone over your files thoroughly, and I

haven’t any questions for you. As many of you know, when we set

these hearings, we never know what we are going to be doing at

the time. And, again, I want to apologize for being late for this

hearing, but we had a vote this morning and I had to be there to

exercise that vote.

Do any of you have any other questions you would like to ask or

any comments?

Mr. MOTT. No, thank you.

Mr. MOTLEY. No, Mr. Chairman.

7

Senator VOINOVICH. OK. Well, we would like to thank everyone

then for coming. The Members of the full Committee will vote on

your nominations at a subsequent markup. I don’t know when that

is going to be, but I can say that it is going to be in the next several weeks. And if the Committee approves your nominations,

which I hope they will, the full Committee will consider the nominations and then the Senate will vote on them.

Ms. Rigsby, I want you to know that Senator Schumer’s fine testimony to your background and to your New York connections will

be in the record. We will insert them in the record.

Ms. BLACKBURNE-RIGSBY. Thank you, Senator.

Senator VOINOVICH. You can share those with posterity.

Ms. BLACKBURNE-RIGSBY. Thank you.

Senator VOINOVICH. I want to again thank you very much, and

I want to thank members of the family for coming today. I know

this is a very special day in the lives of your family, and it is a

proud day. One of the things I have learned in life is that we rejoice and get much greater satisfaction out of the accomplishments

of our children than the accomplishments that we achieve in our

own right. So I know it is a big day for all of you. Thank you very

much, and this hearing is adjourned.

[Pause.]

Senator VOINOVICH. Although the hearing was adjourned, Senator Schumer, I said that they would be able to read your words

in the record, but I am sure they would rather hear your eloquent

words. What we will do is we will reconvene the hearing so that

we can get Senator Schumer’s words.

Senator we are glad to have you here.

TESTIMONY OF HON. CHARLES E. SCHUMER, A U.S. SENATOR

FROM THE STATE OF NEW YORK

Senator SCHUMER. I thank you, and I apologize to everybody,

particularly the Blackburne-Rigsby family, for being late. And since

my entire statement will be read in the record, I will be very, very

brief. I am just so proud to be here for the nomination of Anna

Blackburne-Rigsby to be an associate judge of the D.C. Superior

Court. As I am sure has been mentioned, her experiences in law

and, among other things, her devotion to helping victims of violence

and child abuse make her an excellent choice to serve.

She was born and raised in our Nation’s capital. D.C.’s gain was

New York’s loss. She attended Duke University in Durham and

graduated from Howard Law School in the top 5 percent of her

class. She has had wide-ranging experiences and has just done a

great job as Hearing Commissioner in the Superior Court of D.C.

Her experience is across the board.

In addition, she cares about her community and her kids, and

she has the title of coach of the girls’ basketball team at St. Gabriel

Petworth Catholic Youth Organization for the last 7 years, which

is just—as a father of two Little Leaguers, I understand the devotion that that takes.

Just two other words, Mr. Chairman. First, I have known the

Blackburne family for a very long time. They are among leaders in

New York City, and thank God, praise God that the apple has not

fallen far from the tree. Both her dad and her mom have been leadVerDate 11-MAY-2000 14:51 Aug 02, 2000 Jkt 000000 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 65380.TXT SAFFAIRS PsN: SAFFAIRS
8

ers in our community in New York City for 25 years. I see them

smiling there in the audience, very, very proud.

And, second, I just speak on behalf, I think, of all of us. We are

so glad that someone of your talent has decided to become a judge.

I know there are many, many other opportunities open to you, but

the fact that you will continue in public service is very meaningful

to all of us. So I want to congratulate Anna, the entire Blackburne

and Rigsby families, and this is just a fine day for me and even

a finer day for all of you.

Thank you.

PREPARED STATEMENT OF SENATOR SCHUMER

I want to first thank Senator Voinovich, the Chairman of the Subcommittee on

Oversight of Government Management, Restructuring, and the District of Columbia,

for holding today’s nomination hearing.

Mr. Chairman, I am here today to introduce to the Committee Anna BlackburneRigsby, who has been nominated by the President to be an Associate Judge of the

District of Columbia Superior Court. I hope that the Committee will look favorably

upon her nomination and that the Senate as a whole will confirm her soon.

Ms. Blackburne-Rigsby’s experiences in the law and, among other things, her devotion to helping victims of violence and child abuse make her an excellent choice

to serve on the District of Columbia Superior Court.

Ms. Blackburne-Rigsby was born and raised in our Nation’s capital. She attended

Duke University in Durham, North Carolina, and after receiving her Bachelors of

Arts in Political Science, she returned to her hometown of Washington, DC, to enroll

at Howard University School of Law. She graduated in 1987 in the top 5 percent

of her class.

After law school, she worked as an associate at the prominent law firm of Hogan

and Hartson, where she litigated before State and Federal courts and administrative agencies in the areas of real estate, commercial law, employment discrimination

law and education law.

After 5 years as an associate, Ms. Blackburne-Rigsby accepted the position of Special Counsel in the Office of Corporation Counsel in Washington, DC. In that capacity, she managed a staff of more than 300 individuals, and gave legal guidance regarding vital District of Columbia government programs.

Two years later, she was promoted to Deputy Corporate Counsel within the Family Services Division, where she supervised the prosecution of child abuse and neglect cases, child support enforcement actions, domestic violence cases, and elder

abuse cases. In particular she served as lead counsel in the case of LaShawn A. v.

Barry, a class action lawsuit that led to significant reforms in the District’s child

welfare system.

Since 1995, she has served as a Hearing Commissioner in the Superior Court of

the District of Columbia. She presides over and adjudicates proceedings in the Civil,

Criminal, and Family Divisions, and the Domestic Violence Unit of the Superior

Court. It seems that, in many respects, she has already been performing the duties

that she would take on as an Associate Judge. And she’s been doing it for 5 years.

Somehow, Anna also finds the time to serve her community and the bar on numerous professional associations. She has also given back to her law school as a

mentor to law students at Howard University’s law school. And, as importantly, she

has held the title of Coach of the Girls Basketball Team at St. Gabriel’s Petworth

Catholic Youth Organization for the last 7 years. (I don’t have her win-loss record

however).

Mr. Chairman, Anna Blackburne-Rigsby is a dedicated and hard-working individual whose outstanding professional and personal accomplishments will make her

a wonderful Associate Judge on the Superior Court in the District of Columbia. I

urge the Committee to speedily approve her nomination, so that the Senate can soon

do the same.

Ms. BLACKBURNE-RIGSBY. Thank you, Senator.

Senator VOINOVICH. Thank you, Senator.

The hearing is adjourned.

[Whereupon, at 10:16 a.m., the Committee was adjourned.]

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