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80–601 PDF 2002

S. Hrg. 107–554

NOMINATIONS OF HON. TODD WALTHER DILLARD

AND ROBERT R. RIGSBY

HEARING

BEFORE THE

COMMITTEE ON

GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ON THE

NOMINATIONS OF HON. TODD WALTHER DILLARD TO BE U.S. MARSHAL

FOR THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA AND

ROBERT R. RIGSBY TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR

COURT OF THE DISTRICT OF COLUMBIA

MAY 16, 2002

Printed for the use of the Committee on Governmental Affairs

(

(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS

JOSEPH I. LIEBERMAN, Connecticut, Chairman

CARL LEVIN, Michigan

DANIEL K. AKAKA, Hawaii

RICHARD J. DURBIN, Illinois

ROBERT G. TORRICELLI, New Jersey

MAX CLELAND, Georgia

THOMAS R. CARPER, Delaware

JEAN CARNAHAN, Missouri

MARK DAYTON, Minnesota

FRED THOMPSON, Tennessee

TED STEVENS, Alaska

SUSAN M. COLLINS, Maine

GEORGE V. VOINOVICH, Ohio

THAD COCHRAN, Mississippi

ROBERT F. BENNETT, Utah

JIM BUNNING, Kentucky

PETER G. FITZGERALD, Illinois

JOYCE A. RECHTSCHAFFEN, Staff Director and Counsel

JASON M. YANUSSI, Professional Staff Member

JENNIFER E. HAMILTON, Research Assistant

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

Government Management, Restructuring and the District of Columbia Subcommittee

RICHARD A. HERTLING, Minority Staff Director

JOHANNA, L. HARDY, Minority Counsel

ANDREW RICHARDSON, Minority Staff Director, Oversight of Government Management,

Restructuring and the District of Columbia Subcommittee

DARLA D. CASSELL, Chief Clerk

(III)

C O N T E N T S

Opening statement: Page

Senator Durbin ................................................................................................. 1

Prepared statements:

Senator Cleland ................................................................................................ 11

Senator Bunning ............................................................................................... 11

WITNESSES

THURSDAY, MAY 16, 2002

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

Columbia ............................................................................................................... 3

Hon. Todd Walther Dillard to be U.S. Marshal for the Superior Court of

the District of Columbia ...................................................................................... 4

Robert R. Rigsby to be an Associate Judge of the Superior Court of the

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

ALPHABETICAL LIST OF WITNESSES

Dillard, Hon. Todd Walther:

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

Prepared statement .......................................................................................... 13

Biographical and professional information ..................................................... 14

Pre-hearing questions and responses .............................................................. 19

Norton, Hon. Eleanor Holmes:

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

Rigsby, Robert R.:

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

Prepared statement .......................................................................................... 27

Biographical and professional information ..................................................... 31

APPENDIX

Hon. Paul Strauss, Shadow U.S. Senator elected by the voters of the District

of Columbia, prepared statement ....................................................................... 12

(1)

NOMINATIONS OF HON. TODD WALTHER

DILLARD AND ROBERT R. RIGSBY

THURSDAY, MAY 16, 2002

U.S. SENATE,

COMMITTEE ON GOVERNMENTAL AFFAIRS,

Washington, DC.

The Committee met, pursuant to notice, at 2:44 p.m., in room

SD–342, Dirksen Senate Office Building, Hon. Richard J. Durbin

presiding.

Present: Senator Durbin.

OPENING STATEMENT OF SENATOR DURBIN

Senator DURBIN. The hearing will come to order. Good afternoon

and welcome to all. Today, the Senate Committee on Governmental

Affairs holds a hearing to consider two nominations pending before

the Committee: Robert Rigsby to be an Associate Judge in the District of Columbia Superior Court, and Hon. Todd Walther Dillard

to be U.S. Marshal for the District of Columbia Superior Court.

On March 4, 2002, President Bush nominated Robert Rigsby to

be an associate judge on the Superior Court of the District of Columbia for a 15-year term to fill the vacancy created by the elevation of Judge Reggie Walton to the Federal bench.

Mr. Rigsby is presently the corporation counsel for the District

of Columbia. He is the top local prosecutor in Mayor Williams’ administration, a post he has held since being confirmed by the City

Council in February 2000. Prior to assuming the helm of the office

he served as head of the criminal division and head of the enforcement division. He also spent a month in the U.S. Attorney’s Office

for the Eastern District of Virginia prior to joining the D.C. Government.

From 1987 until 1992 he served in the U.S. Army with the Judge

Advocate General Corps and is currently an Army reservist. He received his undergraduate degree from San Jose State University in

1983 and his juris doctorate from the University of CaliforniaHastings College of Law in 1986.

President Bush nominated Mr. Dillard on February 6, 2002, for

the position of U.S. Marshal for the Superior Court of the District

of Columbia for a 4-year term. Mr. Dillard is being reappointed to

a position he has held since being sworn in on December 2, 1990

following unanimous confirmation by the full Senate on October 27

the same year.

Prior to being named a U.S. Marshal Mr. Dillard served for 25

years in the U.S. Secret Service attaining the rank of criminal inVerDate 11-MAY-2000 10:52 Sep 13, 2002 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 80601.TXT SAFFAIRS PsN: SAFFAIRS
2

vestigator and inspector. He holds an MBA from Cornell University.

Mr. Rigsby and Mr. Dillard, I am certain this is a very special

day for each of you. Mr. Dillard, I note that you appeared before

this Committee on October 19, 1990 when the U.S. Marshal post

was first created in the District. And Mr. Rigsby, I note that you

were here as a supportive spouse on May 10, 2000 when your wife

Anna Blackburne Rigsby’s nomination to the Superior Court bench

was considered.

So I welcome both of you back today. I understand that you may

have some family members with you, as well as colleagues and

friends. Let me call on you to introduce them at this time. First,

Mr. Dillard.

Mr. DILLARD. Thank you very much. I do have with me my son

and my three top staff people. My very tolerant and supportive wife

of 42 years could not be here. My son, Special Agent Don Dillard

is here, with the U.S. Secret Service. In addition, I would like to

introduce my three top staff people, without whom I could not even

hope to do the job that I have been doing for a good while now. The

first one is my Chief Deputy, Charles Rowe; my Assistant Chief

Deputy, Mike Mitchell; and my Administrative Support Person,

Mrs. Ethel Bradley.

Thank you.

Senator DURBIN. Thank you very much. Mr. Rigsby.

Mr. RIGSBY. Good afternoon, sir. I would like to start by introducing my wife of almost 10 years, my judge, Anna Blackburne

Rigsby. Our son of 4 years, he is running around here somewhere,

Julian Christopher Rigsby.

Senator DURBIN. We note his presence.

Mr. RIGSBY. Thank you. My mother-in-law, who is also a Supreme Court judge in New York, Laura Blackburne. My two sisters-in-law, Dr. Rose Blackburne, and Faith Blackburne. Rose’s fiance Anthony Shurn is here and my cousin Lieutenant Colonel

Jeannette Hammond. My brother, Dr. Rick Ribsby, who is a college

professor at Texas A&M is giving a speech out of the country—he

could not be here. And both of my parents, Roger and Viola

Rigsby—they died before this process began, but I have quite a few

other people here who have been like parents to me and role models for me.

The mayor could not be here today. He has been a great supporter and a great friend. Our city administrator is here, Hon.

John Koskinen, who is like an older brother. John Payton is here,

the President of the D.C. Bar who is our son’s godfather and who

has been like a father to me and a big brother. Jeff Robinson is

here, who is a brother to me. Mike Madigan, who is a big, big, big

brother to me.

Senator DURBIN. I know Mr. Madigan. Good to see you again.

Mr. RIGSBY. My first boss in the U.S. Army JAG Corps, Colonel

Mac Squires is here, in the back, at Fort Campbell, Kentucky.

Colonel Bolden is here, who is a good friend and supporter. Lieutenant Colonel Raphael Peart is here; Lieutenant Colonel Cantwell;

my Command Sergeant Major of my Reserve unit is here, Varney

Smith. My office, the Office of the Corporation Counsel, my principal deputy who runs the office, Arabella Teal is here. My senior

3

deputies, John Greenhaugh, a retired colonel; Sharon Styles-Anderson, Charlie Barbera, Darryl Gorman, and Peter Lavalle. They are

all here today, along with my executive assistant, who practices

law better than anybody else in the office, Denize Blake, she runs

my life also.

And we have several members of the bench that are here that

are good friends: The Hon. Richard Roberts, who is a Federal judge

is here; the Hon. Anita Josie Herring, who is a good friend and colleague is here; the Hon. Lee Satterfield is here who is also a good

friend; and the Hon. Mary Terrell. Someone who is like a brother

to me, the Hon. Eric Christian, I believe is here. And I believe the

former Chief Judge, the Hon. Eugene Hamilton should be coming

here. He is like a father to me also.

Members of my fraternity are here, my college fraternity; Lloyd

Jordan who has been a friend; Dr. Ivan Walks who is the chief

medical officer for the city of Washington is here. I know I am

going to miss someone, Senator, but I have got a whole host of family and friends that have been supportive over the years that are

here, and I am just so proud.

I cannot forget—members of my church, Shiloh Baptist Church,

the church that embraced Anna and I since I arrived in Washington in 1992 are here; several deacons, Deacon Dudley and Mrs.

Dudley, and Deacon Bridgeport. I just wanted to make sure I mentioned them. I am not going to take up any more time because they

are all very, very, very supportive.

Senator DURBIN. I would say, Congresswoman Norton, that we

should move this hearing along quickly because it sounds like there

are voice mails accumulating all over D.C. Government. [Laughter.]

Hearings that are being continued in courtrooms across the

United States, and with all of the military people here I am worried about our national security if we do not get them back to work.

So let me recognize my friend and colleague Congresswoman Norton at this time.

TESTIMONY OF HON. ELEANOR HOLMES NORTON, A

DELEGATE IN CONGRESS FROM THE DISTRICT OF COLUMBIA

Ms. NORTON. Mr. Chairman, noting your role as the Chair of our

authorizing Committee I do want to assure you that I believe the

work of the District of Columbia is still being done during this

hearing.

It is always a pleasure to introduce judges and other personnel

who have been nominated by the President to our Superior Court.

It is a special pleasure to recommend to you Mr. Rigsby, Robert R.

Rigsby, who is our corporation counsel, and who worked his way

up to that position by showing his excellence. You have already, I

think, amply covered his positions before that time. Considering

the time that has gone past I will only say that I strongly recommend him based on his splendid record in the District of Columbia and the notes you have already given as to his background.

It is my pleasure as well to recommend to you Hon. Todd W. Dillard, who has been nominated by the President to be the Marshal

for the Superior Court. Mr. Dillard has a classic preparation for the

position, most of it in the Secret Service but 10 years in the Marshal’s Service; well-educated before that. It is a great pleasure for

4

1The prepared statement of Mr. Dillard appears in the Appendix on page 13.

The biographical information for Mr. Dillard appears in the Appendix on page 14.

Pre-hearing questions and responses from Mr. Dillard appear in the Appendix on page 19.

2The prepared statement of Mr. Rigsby appears in the Appendix on page 27.

The biographical information for Mr. Rigsby appears in the Appendix on page 31.

me to introduce them both to you and I proudly recommend them

both to you, Mr. Chairman.

Senator DURBIN. Congresswoman Norton, thank you again for

coming to this side of the Capitol to be part of this Committee

hearing and the consideration of both nominees. I know what your

schedule is like so you are certainly excused, from my point of

view, if you need to go about the work of the District of Columbia

and I wish you well. Thank you very much for being with us.

Ms. NORTON. Thank you.

Senator DURBIN. Now it is customary at this point to swear in

witnesses before the Committee and I would ask you each to stand

and raise your right hand.

[Witnesses sworn.]

Senator DURBIN. Thank you. Let the record note that both witnesses answered in the affirmative. I note that you each have submitted a written statement which will be made part of the record.

If you would like to have brief opening remarks at this point, I welcome them. Let us start first with Mr. Dillard.

TESTIMONY OF HON. TODD WALTHER DILLARD 1 TO BE U.S.

MARSHAL FOR THE SUPERIOR COURT OF THE DISTRICT OF

COLUMBIA

Mr. DILLARD. Thank you, Senator. I would just like to take this

opportunity to thank President Bush, first of all, for nominating me

for this position. I would like to thank Chairman Lieberman, and

of course Senator Durbin and the other Members of the Committee

for holding this confirmation hearing. I would also like to thank

Congresswoman Norton for her very gracious introduction and for

her support.

As a native Virginian, I would like to thank Senator Warner for

his continued support through the years. I would be very remiss if

I did not thank God for the health that he has given me to be able

to continue in this work. And I would like to thank the American

public for allowing me to continue to serve.

I would like to thank the Members of this Committee for granting me the time to introduce my family members and the members

of my staff. At this time I am prepared to answer any questions

you may have.

Senator DURBIN. Thank you very much. Mr. Rigsby.

TESTIMONY OF ROBERT R. RIGSBY 2 TO BE AN ASSOCIATE

JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Mr. RIGSBY. Thank you, Senator. First of all, I would like to

thank you for holding this hearing today. I cannot tell you what an

honor it is just to be here. I would like to thank the respective staff

members from each Senate office that took the time to answer my

millions of questions, and for walking me through the process.

5

I am so honored to be here. I grew up in a small town in California, Vallejo, California and in my hometown my parents—my father who was from Huntsville, Texas and my mother was from

Okmulgee, Oklahoma, always believed in community and public

service. I cannot tell you how proud I think that they would be, had

they been here today, that their youngest son actually is appearing

here today.

My entire life I wanted to be an Army officer, and by the gentlemen in this room I have tried to pattern my life after, I thought

the greatest gift that you could possibly give is to be a military officer in defense of our values, our freedom, and our country. The

hardest thing for me, I told a friend of whom I did not introduce

today, Roger Washington, who is now a U.S. Army Colonel, the

hardest thing for me was to leave active duty and to become a reservist. But in a lot of ways, it was a further illustration of devoting yourself to your country in a different way by serving Washington, DC.

Then-corporation counsel John Payton asked me to come to his

office to be his deputy almost 10 years ago because he thought that

the greatest gift that you could possibly give would be to do something great in the city of Washington, DC. That being said, I have

embarked upon this journey in Washington that has been phenomenal. I have enjoyed living here. I have enjoyed working here.

I have truly enjoyed public service and look forward to continuing

my service.

I married into a family of public servants. Obviously, you know

my wife is a terrific judge, and hopefully one day I can be just like

my best friend, my soulmate. She is the reason why I am here. She

is just a wonderful judge and a wonderful person. Again, my mother-in-law is a terrific judge and a terrific mother-in-law, and I can

say that on the record or off the record because I really do truly

love her. And my father-in-law, Elmer Blackburne, who could not

be here today, is the district leader in Queens, New York. Everybody in this family believes in giving something back.

I just want to further my public service by becoming a judge on

the Superior Court of the District of Columbia. I cannot think of

a better calling than being a judge here in the District of Columbia.

I want to personally thank you for holding this hearing, and

thank you for allowing me to ramble on, and on, and on. I really

appreciate it.

Senator DURBIN. Thank you very much, Mr. Rigsby. Your comments recalled an experience I had shortly after being elected to

the Senate where I was called over across the street to the Supreme Court, to the inner sanctum, to a huge hall where they attracted Federal judges from across the United States to meet with

Chief Justice Rehnquist. At one point there I was sitting down and

he came and sat next to me as I made a presentation to all these

assembled judges. I said at the time that my late mother and father would have been so proud, and my professors at law school at

Georgetown would have been totally amazed to see me sitting there

that day. [Laughter.]

Now you have been through a lot to have reached this point, and

you have gone through a very thorough screening process, a thorough biographical questionnaire which, Mr. Rigsby, you may have

6

faced for the first time; Mr. Dillard, you faced again. Background

checks, interviews, they have looked under every rock, they have

asked everybody, friend and foe alike what they think of you. And

what has come through in the record is that you both have extensive and exemplary records of public service to the District of Columbia and to the country, and I commend you for that.

Now it is customary and required under Committee rules that I

ask you several specific questions for the record so that your answers are reflected in the minutes of this hearing. First I will ask

of Mr. Rigsby, 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’ve been nominated?

Mr. RIGSBY. No, sir.

Senator DURBIN. Mr. Dillard, the same 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?

Mr. DILLARD. No, sir.

Senator DURBIN. Second, Mr. Rigsby, 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. RIGSBY. No, sir.

Senator DURBIN. Mr. Dillard, 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. DILLARD. No, sir.

Senator DURBIN. Mr. Rigsby, 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. RIGSBY. No, sir.

Senator DURBIN. Mr. Dillard, 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. DILLARD. No, sir.

Senator DURBIN. Let the record reflect the witnesses have each

answered these questions in the negative.

I am going to direct a question to Mr. Rigsby, and that is only

reflective of the fact that, Mr. Dillard, you are a veteran of this

process. We have asked most of these questions of you time and

again, and we trust that your answers in the past would be the

same answers today.

But the one question I would like to ask Mr. Rigsby—and this

is a little delicate because it refers to something that may be a

family consideration as well as a professional consideration, and it

is a question about judicial temperament. I can tell you that as a

practicing attorney many years ago, appearing before many judges,

that some of them, the appointment to the bench went straight to

their head. Once they put on the black robe they seemed to have

lost their feet of clay. They were now somehow in the divinity, well

beyond the reach of ordinary people. And it was reflected in the

way that they not only treated the lawyers, but the litigents who

came before them.

7

I would like for you, if you would, to reflect for a moment, having

been an attorney, knowing a few judges in your life, what your

thoughts are on this question of judicial temperament.

Mr. RIGSBY. Senator, I have had two great role models in life— actually four great role models in life but two as judges. I have had

the wonderful opportunity in the last 2 years to watch a judge in

my own home be the same person she was before she became a

judge; inasmuch as listening to people, treating people with respect

and dignity, and honor. I think once a person ascends to the bench,

I guess that is the word I would like to use, it does not mean that

they become different. It means that they are the keeper of justice.

I will continue to care about people, to be fair to litigants, to be

fair to everybody in the community, and to contribute the best that

I possibly can, to show people that judges are not any different

than anybody else. We are just fortunate enough to be in a position

at a given time to make a difference. I think that judges should

continue to participate in the community, continue to coach Little

League, continue to have friends, continue to be in fraternities, to

continue to do things in their respective churches. I do not think

that you should put yourself above anyone else, or put the practice

of law below anyone else. I think you should treat everybody with

dignity and respect.

Senator DURBIN. One of the things in your background I particularly admire is the service to your country in the U.S. Army Judge

Advocate General Corps. But I want to ask you a very practical

question. I understand your Reserve unit has been on alert for potential active duty deployment. How would an appointment to the

bench impact your military commitment?

Mr. RIGSBY. Sir, right after President Bush nominated me I

spoke to the Office of the Judge Advocate General and they were

very supportive of me leaving my current Reserve unit and joining

a military judges unit here in Washington, DC. I was just promoted

to lieutenant colonel, I think about 2 months ago now.

Senator DURBIN. Congratulations.

Mr. RIGSBY. Thank you, sir. And they were willing to remove me

from the assignment as being a JAG officer, a judge advocate general’s officer in my military police brigade where I serve as the

staff judge advocate, and reassigning me to a unit here in Washington which would not be deployed. I cannot comment on where

my Reserve unit may or may not go. I cannot even comment on

whether or not they exist today. What I can tell you is that I will

continue to defend my country but in a different role.

Senator DURBIN. Thank you.

Mr. Dillard, you are the first in this post. You really were kind

of the founding father here when it comes to this assignment. You

have served for approximately 11 years as U.S. Marshal for the

District of Columbia Superior Court. What do you regard as your

most significant accomplishment?

Mr. DILLARD. Senator, when I took this position it had been held

on kind of a temporary basis by an acting marshal who was actually from the Marshal’s office for the District of Columbia, judicial

District of Columbia. As such it had not gotten the real attention

that it deserved as a separate entity in and of itself. In the time

I have been there, with the help of my staff, we have been able to

8

get it recognized as just that, as an independent Marshal’s Service

office. We were like the stepchild, for want of a better term, if you

will. That is no longer true. We are now held right up among the

top Marshal’s office in the U.S. Marshal’s Service.

Senator DURBIN. Could you tell me about the men and women

who work with you in your office, their level of professionalism and

your ability to attract people who can do the job well?

Mr. DILLARD. Senator, pound for pound—and I say this to them

and I say this to the world, I will put the people in my office

against law enforcement anywhere in the world. As a member of

the Secret Service for a quarter of a century, I was blessed to travel

and work all over the world. I will put my people, pound for pound,

against any people in the world.

You have to be a cut above to work where we work, because we

have the largest and busiest office in the Marshal’s Service. The

reason being because we serve not only—I serve not only as the

U.S. Marshal, I serve as the de facto sheriff of the District of Columbia, because as you know, they do not have a sheriff’s department. So we handle anywhere from 90,000 to 100,000 prisoners a

year. And we do not have the cream of the crop. We get what they

send us. We get a lot of interesting people.

We work 6 days a week, unlike any other Marshal’s office. Most

of them work 5 days a week, about 9 to 5. I am not being critical;

that is their role. We work 6 days a week. The only day we do not

operate is on a Sunday. Holidays and all, we work 6 in the morning

to 6 at night. To do the kind of job that we demand of our people,

and have the success that we have had, they have to be a cut

above.

Senator DURBIN. Mr. Dillard, let me say on behalf of the Senate

and someone who has lived a good part of his life, at least parttime, sometimes full-time in the District of Columbia, that I certainly respect what you have done and contributed through the

U.S. Marshal’s office.

This is a particularly historic week in that the law enforcement

officials from across the United States have come to Washington

yesterday for a memorial service to honor those who have fallen in

the line of duty during the past year. It is a very touching ceremony each year, made even more so this year because of the events

of September 11. I hope that it is a reminder to all of us never to

forget that those of you who get up every morning and put on a

badge and put your life on the line for us deserve our admiration,

respect, and thanks. So I thank you for what you have done, and

I thank you for all your colleagues who have joined in that effort.

At this point I have no further questions and I thank you for

your responses. They were very appropriate and encouraging. I

want to thank all the family members and friends and colleagues

for joining us today. The next step in the process will be the

prompt consideration of your nominations at full Committee markup. I think that things will go well.

Let me note that the record of this hearing will remain open for

a period of 1 week to permit other Members of the Committee to

submit statements or additional questions to the nominees. I also

note that a statement in support of the nomination of Mr. Rigsby

9

has been submitted by Paul Strauss and that will be included as

part of the hearing record.

With that, this hearing is adjourned.

[Whereupon, at 3:07 p.m., the Committee was adjourned.]

(11)

A P P E N D I X

PREPARED STATEMENT OF SENATOR CLELAND

I am writing to express my full support for the nomination of Robert Rigsby to

be Associate Judge in the District of Columbia Superior Court. I believe that Mr.

Rigsby would be an excellent addition to this court, which serves as the gateway

for many important Federal cases.

Mr. Rigsby has had a distinguished legal career and has developed a vast reservoir of experience and knowledge. He is currently serving as Corporation Counsel

for the District of Columbia responsible for conducting all of the legal business for

the District, supervising a staff of over 200 lawyers, and administering an annual

operating budget of $48 million. Prior to this position, Mr. Rigsby was an Assistant

United States Attorney for the Eastern District of Virginia in the Narcotics Division.

From 1987 to 1992, he honorably served our country in the United States Army

Judge Advocate General Corps as a prosecutor, defense attorney, administrative law

attorney, law of war attorney, legal advisor to the Multinational Force and Observers, and Special Assistant United States Attorney for Tennessee and Kentucky.

Not only has Mr. Rigsby served the legal profession with distinction, he has also

made a significant contribution to his community. He served as one of nine commissioners to recommend modifications to the District of Columbia’s Sentencing Guidelines under the President’s National Capital Revitalization and Self-Improvement

Act. He was appointed by the Chief Judge of the United States District Court to

serve on the Committee on Grievances, and since 1991 he has been an adjunct professor at the University of Maryland, University College, and the University of the

District of Columbia School of Law.

I am confident that Robert Rigsby will be a vital asset to our legal system as a

Superior Court Associate Judge for the District of Columbia. Thank you for your

careful consideration of this nomination in accordance with your established practices and procedures.

PREPARED STATEMENT OF SENATOR BUNNING

Thank you, Mr. Chairman.

Today we have before us Mr. Todd Dillard, who has been nominated to be a U.S.

Marshal for the Superior Court of the District of Columbia, and Mr. Robert Rigsby,

who has been nominated to be Associate Judge of the Superior Court of the District

of Columbia.

Mr. Dillard has been serving as a U.S. Marshal for the Superior Court since 1990,

and before that he was in the Secret Service for almost 25 years. I also noticed in

his biographical information that he was a high school science teacher and principal

in the early 1960’s.

Mr. Rigsby has led the D.C. Office of the Corporation Counsel since February

2000, and has worked for the office since 1992. Mr. Rigsby is also serving our country as a member of the U.S. Army Reserves.

I would like to point out that Mr. Rigsby served in the Army on active duty from

1987 to 1992, and during that time he spent several years at Fort Campbell in Kentucky, in several different positions, including as an Army lawyer to the 101st Airborne Division and as a felony prosecutor.

I am looking forward to hearing from our witnesses today, and appreciate the

time they have taken to be here.

Thank you, Mr. Chairman.

12

PREPARED STATEMENT OF SENATOR PAUL STRAUSS, SHADOW U.S.

SENATOR ELECTED BY THE VOTERS OF THE DISTRICT OF COLUMBIA

Chairman Durbin and members of the Senate Committee on Governmental Affairs, I am Paul Strauss, the U.S. Senator elected by the voters of the District of

Columbia, a position referred to as the Shadow Senator. I am also an attorney practicing in the local courts of the District of Columbia. In each of these capacities, I

appreciate the opportunity to provide this statement on behalf of my constituents

in the District of Columbia. I wish to express my wholehearted support for the

President’s nomination of Robert R. Rigsby to be an Associate Judge of Superior

Court of the District of Columbia. His previous experience as Deputy Corporation

Counsel for the Enforcement Division as well as the Criminal Division, in addition

to his work in serving as Corporation Counsel, has been of tremendous benefit to

the District of Columbia and the citizens he has represented. Mr. Rigsby has an accomplished record, having served as an Assistant United States Attorney for the

Eastern District of Virginia in the Narcotics Division, in addition to serving as active duty in the United States Army Judge Advocate General’s Corps from 1987 to

1992. While in the army, his varied experience as a prosecutor, administrative law

attorney, international law attorney, law of war attorney, legal advisor to the Multinational Force and Observers, and Special Assistant United States Attorney for

Tennessee and Kentucky supports his extensive knowledge within the field of law.

He is an honorable man and a loyal servant to his country. His continued service

to his nation as an active member of our National Guard demonstrates that those

values are deeply embedded in this public servant. Were I seated with the full

rights and privileges of a U.S. Senator, I would vote to confirm the nomination of

Robert R. Rigsby without hesitation. I look forward to his investiture onto the Superior Court bench and am confident that he will uphold the honor of our justice system. Today I ask that you vote yes for this nomination on behalf of the District of

Columbia residents who do not have anyone in this body who can vote on their behalf.

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