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97–047 PDF 2005

S. Hrg. 108–735

NOMINATION OF GREGORY EUGENE JACKSON

HEARING

BEFORE THE

COMMITTEE ON 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE

ONE HUNDRED EIGHTH CONGRESS

SECOND SESSION

ON THE

NOMINATION OF GREGORY EUGENE JACKSON, TO BE AN ASSOCIATE 

JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

OCTOBER 5, 2004

Printed for the use of the Committee on Governmental Affairs

(

(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

ARLEN SPECTER, Pennsylvania 

ROBERT F. BENNETT, Utah 

PETER G. FITZGERALD, Illinois 

JOHN E. SUNUNU, New Hampshire 

RICHARD C. SHELBY, Alabama 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

RICHARD J. DURBIN, Illinois 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas

MICHAEL D. BOPP, Staff Director and Chief Counsel 

JOHANNA L. HARDY Senior Counsel 

JENNIFER HEMINGWAY, Professional Staff Member 

DAVID COLE, Professional Staff Member, Oversight of Government Management, the Federal 

Workforce, and the District of Columbia Subcommittee 

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel 

ADAM SEDGEWICK, Minority Professional Staff Member 

MARIANNE CLIFFORD UPTON, Minority Staff Director and Chief Counsel, Oversight of 

Government Management, the Federal Workforce, and the District of Columbia Subcommittee 

AMY B. NEWHOUSE, Chief Clerk 

(III)

C O N T E N T S 

Opening statements: Page 

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

Senator Pryor .................................................................................................... 5

WITNESSES 

TUESDAY, OCTOBER 5, 2004

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

Columbia ............................................................................................................... 2

Gregory Eugene Jackson, to be an Associate Judge of the Superior Court 

of the District of Columbia .................................................................................. 2

Biographical and Professional Information .................................................... 7

APPENDIX 

Paul Strauss, a Shadow Senator from the District of Columbia, prepared 

statement .............................................................................................................. 22

(1)

NOMINATION OF GREGORY EUGENE 

JACKSON 

TUESDAY, OCTOBER 5, 2004

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

The Committee met, pursuant to notice, at 10:15 a.m., in room 

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

presiding. 

Present: Senators Voinovich and Pryor. 

OPENING STATEMENT OF SENATOR VOINOVICH 

Senator VOINOVICH. Good morning and welcome. Today, the 

Committee on Governmental Affairs meets to consider the nomination of Gregory Jackson to be Associate Judge for the Superior 

Court of the District of Columbia. Mr. Jackson has served as General Counsel for the District of Columbia Department of Corrections since 1999. As General Counsel, he advises the Director of 

Corrections on legal and administrative issues, coordinates the defense against civil cases filed against the Department, and serves 

as the primary point of contact for the local courts and other criminal justice agencies. 

During this period, he represented the Department of Corrections 

in hearings in the Superior Court and the U.S. District Court, primarily on issues related to prisoners’ conditions of confinement in 

the District of Columbia jail. 

Prior to this position, Mr. Jackson served as an Assistant U.S. 

Attorney for the District of Columbia from 1986 to 1999, 13 years. 

During that period, Mr. Jackson primarily focused on criminal litigation and served half his time as an attorney supervisor. 

Additionally, Mr. Jackson has served as Legal Advisor to the 

U.S. Nuclear Regulatory Commission from 1978 to 1986. Some 

time I would like to talk to you about that, Mr. Jackson, because 

I now have them under my jurisdiction. 

Mr. Jackson holds a B.A. from Rutgers College and a J.D. from 

the Newark College of Law. I believe him to be well qualified for 

the position to which he has been nominated. 

I now welcome my colleague, Delegate Eleanor Holmes Norton of 

the District of Columbia, who is here to introduce Mr. Jackson. Ms. 

Norton and I have known each other way before either one of us 

were here. I think I first got to know you, Eleanor, when I was 

mayor of the city of Cleveland. Thank you for coming over, and I 

want to apologize to you and to Mr. Jackson and all of your friends 

who are here today for being late, but we had a vote over in the 

2

Senate and one of the things I have learned since I have come to 

the Senate, as contrasted to when I was governor, is that I do not 

control my own schedule. 

STATEMENT OF HON. ELEANOR HOLMES NORTON, A 

DELEGATE IN CONGRESS FROM THE DISTRICT OF COLUMBIA 

Ms. HOLMES NORTON. Thank you very much, Mr. Chairman, and 

if I may say so, your own rescue of the city of Cleveland was a 

model for what has happened in recent years in this city as well, 

and we are very pleased and gratified at your contributions to the 

District of Columbia since you have been Chairman of the Subcommittee. 

I am very pleased to recommend to you today Gregory Jackson, 

whom the President has nominated to our D.C. Superior Court, 

which is our local court of jurisdiction but under the jurisdiction of 

this Committee. I believe that Mr. Jackson’s prior posts and his entire career well qualify him to be an Associate Judge of the Superior Court. You have outlined his recent positions. I think that particularly his extensive litigation experience best qualifies him to be 

a trial judge of our Superior Court. 

His 13 years as an Assistant U.S. Attorney for the U.S. Attorney 

for the District of Columbia where he tried 44 cases on most of 

which he was the lead counsel. He was Chief of the Felony Section 

of the U.S. Attorney’s Office. 

Mr. Jackson received a 4-year scholarship to Rutgers University, 

graduated from the university and then received his J.D. from the 

university as well. We are proud of him in the District of Columbia 

and proud to recommend him to you today, Mr. Chairman. 

Thank you very much. 

Senator VOINOVICH. Thank you very much. As you know, you are 

welcome to remain for the rest of the hearing, but I know you have 

got a busy schedule like all of us, so thank you so much for being 

here today. 

Ms. HOLMES NORTON. Thank you, Mr. Chairman. 

Senator VOINOVICH. It’s the custom of the Committee to swear in 

witnesses and therefore I ask, Mr. Jackson, if you will stand up. 

Do you swear that the testimony that you are about to give before 

this Committee is the truth, the whole truth and nothing but the 

truth? 

Mr. JACKSON. I do. 

Senator VOINOVICH. Let the record show that Mr. Jackson answered in the affirmative. I understand that you may have some 

family members here today and other friends. I would like to give 

you the opportunity to introduce all the folks that have come out 

today to support your nomination. 

TESTIMONY OF GREGORY EUGENE JACKSON, TO BE ASSOCIATE JUDGE, DISTRICT OF COLUMBIA SUPERIOR COURT 

Mr. JACKSON. Thank you, Mr. Chairman, and if I may I would 

like to introduce my wife, Sheila Robinson, who is behind me; my 

mother Mary Jackson; my godparents, Mr. and Mrs. Frank Walker; 

and my cousin Rader Banks, who have come here to share this occasion with me. I would also like to introduce my friends and my 

extended family who have come out to share this occasion and be 

3

present here to support me. I have to tell you that while this opportunity is a real blessing for me, the greater blessing, if you will, 

is to have friends and colleagues, acquaintances, long-time family 

members, extended family members, who have supported me 

throughout this process and indeed throughout all of my endeavors, 

but most particularly during this time, and who have come here to 

share this occasion with my family and with me, and I want to 

thank them very much and let them know how much I really appreciate all of their support. 

Senator VOINOVICH. One of the things that I have noticed as time 

goes on is that all of us in public service could not do what we have 

been able to do without the sacrifice of our spouse and our friends, 

and it is nice to have them all here to see you today. I know they 

are all very proud of you and I am sure each one of them have had 

something to do with your career. As I say, in life, we look around, 

and all we are is a reflection of the people that love us, and it is 

nice to have your loved ones here with you today. 

Would you like to share with us a statement about why you want 

this nomination? 

Mr. JACKSON. Senator, I would like to say that my whole career, 

as you have noted in the summary that you gave, has been devoted 

to public service. This is an opportunity to do what many may 

characterize as the ultimate in public service. I have been fortunate 

and blessed to have the opportunity to have a number of experiences that I think have well prepared me for this opportunity, certainly the opportunity to be a trial attorney and a prosecutor in the 

U.S. Attorney’s Office, to develop the trial skills and to understand 

the process in the way that I have. 

But I have to also say that I am very proud of the opportunity 

that I have had to serve as General Counsel for the D.C. Department of Corrections. It has given me a different perspective, if you 

will, on the criminal justice system, an opportunity to understand 

what happens beyond the mere prosecution of the case, and the importance of and the difficulty of the decisions that judges sometimes have to make, and to understand how that process takes 

place and what all is involved. I believe that these opportunities 

have certainly shaped me. 

They have influenced me, they have guided me in a number of 

ways, and they have brought me to this point. I am very excited 

about the opportunity to possibly serve as an Associate Judge of 

the Superior Court of the District of Columbia. 

Senator VOINOVICH. Thank you. We have some questions that we 

ask all of our nominees. 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? 

Mr. JACKSON. Nothing that I am aware of, Senator. 

Senator VOINOVICH. Do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably discharging the responsibilities of the office to which you have 

been nominated? 

Mr. JACKSON. No, there is nothing that I am aware of, sir. 

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? 

4

Mr. JACKSON. No, sir. 

Senator VOINOVICH. Thank you very much. I would like to ask 

you a couple of other questions. Whether it is through your experience appearing before judges and observing your colleagues, I am 

sure you have observed a variety of judicial temperaments. I am 

always concerned about the judicial temperaments of our judges. I 

would like you to discuss what you believe to be the appropriate 

temperament and approach of a judge not only in dealing with attorneys appearing before you but in dealing with their clients and 

witnesses coming before the bench. 

Mr. JACKSON. Mr. Chairman, I think it is critical and fundamental that as a judge, one must be fair and impartial. That is the 

basic foundation of what a judge must do. But in addition to that, 

one must be respectful of all the parties that appear before them. 

I think that it is critical that all the parties who appear before 

a judge feel confident and know that they will be treated with fairness, with respect, and that ultimately while they may agree or 

disagree, like or dislike the outcome, they nevertheless know that 

they have been treated fairly and with respect throughout the entire process. 

Senator VOINOVICH. I think that is really important. You have 

been able to observe a lot of judges over the years as I have. Back 

in my own State, I have seen people that become judges and their 

personalities change. To quote the Bible, ‘‘He that exalts himself 

shall be humbled and he that humbles himself shall be exalted,’’ 

and I think this sometimes is forgotten. 

I am sure you have seen what I am talking about over the years. 

It is very important for people that come before you to feel that you 

have treated them with dignity, respect, and openness. I feel that 

your experience with the correction system will help you to put 

yourself in other people’s shoes, which is very important in this position. 

Looking at your current position as General Counsel for the District of Columbia Department of Corrections and your dealings 

with the District Superior Court, do you see areas that need improvement, whether it be a communication or management problem? How would you go about implementing improvements to correct these problems as a judge in the District Court System? 

Mr. JACKSON. Mr. Chairman, one of the unintended consequences 

of the Revitalization Act and the closure of Lorton and the change 

in the way in which sentenced felons are incarcerated here in the 

District of Columbia has necessitated the improved communications and improved relationships among all the criminal justice 

partners that operate here in the District of Columbia, and that includes the D.C. Superior Court. 

We also work very closely with the U.S. District Court, the marshals, the U.S. Marshal Service in both courts, the Federal Bureau 

of Prisons, the U.S. Parole Commission, the Court Services and Offender Supervision Agency. There is now a collaborative effort on 

the part of all of those agencies to improve the system. 

We meet regularly with the court and the court staff on a variety 

of different issues. We have contact people at the Superior Court 

that I talk to in some instances daily and sometimes multiple times 

5

during the course of the day, working out individual problems and 

addressing systemic problems and issues that arise. 

This is an ongoing and evolving process as we go forward trying 

to improve the criminal justice system in the District of Columbia. 

It is critical that we have open lines of communication, and we do 

now have that, Senator. Everyone is working very hard to indeed 

make our system a model system, if you will. It is unique in so 

many different ways and it presents a number of different challenges and also a number of different opportunities. We are always 

exploring those opportunities to try to make the process better. 

Senator VOINOVICH. How about the pre-sentencing reports? I 

know one of the things that we found when I was Governor of 

Ohio, that the pre-sentencing workups left a lot to be desired. Once 

an individual had their day in court and they were sentenced, so 

often when they went off to jail, the prison did not know anything 

about them. Could you comment on the pre-sentencing reports? 

Mr. JACKSON. I do not personally see the presentence reports on 

a regular basis. However, I know that we have had discussions 

with the Court Services and Offender Supervision Agency that 

oversees the preparation of those presentence reports to improve 

the process by which that information is exchanged and transmitted to us and ultimately to the Federal Bureau of Prisons for 

those people who are sentenced felons that are sentenced to periods 

of incarceration and are transferred to the Federal Bureau of Prisons. 

Recently, we have worked diligently with the Federal Bureau of 

Prisons, the Superior Court, the Marshal Service and the U.S. Parole Commission to improve the process by which that information 

is transferred and indeed improve the time by which those offenders are prepared and ultimately transferred to the Federal Bureau 

of Prisons, and we have succeeded, sir, in reducing that time from 

roughly about 65 days to about 23 days. 

Senator VOINOVICH. Well, it is a big issue, and I know that my 

Director of Corrections who is still serving the State of Ohio, 

Reggie Wilkinson, has spent a lot of time on pre-sentencing reports. 

We have found that because we improved pre-sentencing, that we 

are better able to deal with people that are incarcerated and to try 

to make a difference in their lives so that when they get out of jail 

that they can go on and have productive lives. 

I think that is very important. It is very important to you, too, 

when you are sitting on the bench and really knowing who is this 

individual, and they are just not some number. 

We have been joined by Senator Pryor from Arkansas, and Senator, I would like to call on you for any comment that you would 

like to make, and I appreciate the fact that very rarely do any of 

my colleagues show up for these nominations. So thank you for 

coming. 

OPENING STATEMENT OF SENATOR PRYOR 

Senator PRYOR. Thank you, Mr. Chairman. I appreciate you and 

your diligence on a variety of issues, but when it comes to judges, 

I have a pretty basic test, and that is is the person qualified, is 

there anything in their background that we need to know about, 

can they be fair and impartial, and maybe one or two others. 

6

I am not aware of anything in Mr. Jackson’s background that 

would give me any pause on this, and as far as I understand, there 

is really no controversy around this nomination. Is that fair to say? 

Senator VOINOVICH. That is more than fair to say. 

Senator PRYOR. OK. Then I really do not have any questions. 

Thank you. 

Senator VOINOVICH. Thank you. If there are no further questions, 

I want to thank you, Mr. Jackson, for your responses today. I 

would also like to thank your family, friends, and colleagues for 

coming today to offer their support for you. I know that you are 

anxious to be confirmed and invested, and the next process is to 

have the Committee, as a whole, consider your nomination and 

then report it to the Senate for final action. We will do everything 

in our power to move this along. 

We are supposed to be wrapping up this week, but we are going 

to be back for a lame duck starting on November 15. We will do 

everything we can to move this along so that it does not carry over 

into next year. I know that you are needed on the bench today and 

we will do what we can to make it happen. So thanks again for 

being here today. 

Mr. JACKSON. Thank you very much, Mr. Chairman, Senator 

Pryor. 

Senator VOINOVICH. The hearing is adjourned. 

[Whereupon, at 10:30 a.m., the Committee adjourned.] 

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