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88–679 PDF 2003

S. Hrg. 108–101

NOMINATIONS OF JERRY S. BYRD, JUDITH NAN

MACALUSO, J. MICHAEL RYAN, III, AND FERN

FLANAGAN SADDLER

HEARING

BEFORE THE

COMMITTEE ON

GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

ON THE

NOMINATIONS OF JERRY S. BYRD, JUDITH NAN MACALUSO, J. MICHAEL

RYAN, III, AND FERN FLANAGAN SADDLER, TO BE ASSOCIATE

JUDGES FOR THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

JUNE 18, 2003

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, Deleware

MARK DAYTON, Minnesota

FRANK LAUTENBERG, New Jersey

MARK PRYOR, Arkansas

MICHAEL D. BOPP, Staff Director and Counsel

JOHANNA L. HARDY, Senior Counsel

THERESA PRYCH, Professional Staff Member, Oversight of Government Management, the

Federal Workforce, and the District of Columbia Subcommittee

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel

JENNIFER E. HAMILTON, Minority Research Assistant

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 Carper ................................................................................................. 7

Prepared statement:

Senator Lautenberg .......................................................................................... 17

WITNESSES

WEDNESDAY, JUNE 18, 2003

Hon. Eleanor Holmes Norton, Congresswoman from the District of Columbia . 2

Jerry S. Byrd, to be Associate Judge of the Superior Court of the District

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

Judith Nan Macaluso, to be Associate Judge of the Superior Court of the

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

J. Michael Ryan, III, to be Associate Judge of the Superior Court of the

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

Fern Flanagan Saddler, to be Associate Judge of the Superior Court of the

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

ALPHABETICAL LIST OF WITNESSES

Byrd, Jerry S.:

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

Biographical and professional information ..................................................... 27

Macaluso, Judith Nan:

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

Biographical and professional information ..................................................... 41

Norton, Hon. Eleanor Holmes:

Testimony .......................................................................................................... 2

Ryan, J. Michael, III:

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

Biographical and professional information ..................................................... 76

Responses to pre-hearing questions ................................................................ 106

Saddler, Fern Flanagan:

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

Biographical and professional information ..................................................... 113

APPENDIX

Hon. John W. Warner, a U.S. Senator from the State of Virginia, prepared

statement .............................................................................................................. 17

Hon. Paul Strauss, Shadow U.S. Senator from the District of Columbia,

prepared statement .............................................................................................. 18

(1)

NOMINATIONS OF JERRY S. BYRD, JUDITH

NAN MACALUSO, J. MICHAEL RYAN, III, AND

FERN FLANAGAN SADDLER

WEDNESDAY, JUNE 18, 2003

U.S. SENATE,

COMMITTEE ON GOVERNMENTAL AFFAIRS,

Washington, DC.

The Committee met, pursuant to notice, at 10 a.m., in room SD–

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

presiding.

Present: Senators Voinovich and Carper.

OPENING STATEMENT OF SENATOR VOINOVICH

Senator VOINOVICH. Good morning. I apologize for being late this

morning. I had a small emergency in the office. A special welcome

to the families, friends, and colleagues that are here.

The hearing will come to order, and I would like to welcome you

today.

The Senate Committee on Governmental Affairs convenes to

consider four nominations to the Superior Court of the District of

Columbia, Jerry S. Byrd to be an Associate Judge, Family Court

Division; Judith Macaluso to be an Associate Judge, Family Court

Division; J. Michael Ryan to be an Associate Judge, Family Court

Division; and Fern Flanagan Saddler to be an Associate Judge.

The three nominees to the Family Court Division of the District

Superior Court have been nominated to fill new positions created

by Congress in the Family Court Act of 2001. These justices will

serve the Family Court for the first 5 years of their 15 year term.

The Committee takes its oversight responsibility of the District

of Columbia Family Court very seriously. We created the Family

Court system, and we are committed to making it successful.

I welcome today’s opportunity to discuss the court with you.

Jerry Byrd has served as a Magistrate Judge in D.C. Superior

Court since 1981. His legal background includes 16 years of service

with neighborhood legal services.

Judith Macaluso has made a career of public service. She, too,

serves as a Magistrate Judge in the D.C. Superior Court. Prior to

that, Ms. Macaluso served as a trial attorney with the U.S. Department of Justice and the Department of Labor.

Michael Ryan serves as Special Counsel to the Director of the

Public Defender Service. Mr. Ryan’s career includes an impressive

dedication to mental health issues. He is a member of the Mental

Health Retardation Branch Working Group at the D.C. Superior
2

Court and is an advisory board member of the Criminal Justice

Mental Health Consensus Project of the Police Executive Research

Forum.

Fern Flanagan Saddler was nominated by President Bush to fill

a vacancy created by the retirement of Judge Patricia A. Wynn.

Ms. Flanagan currently serves as Magistrate Judge for the Superior Court and has served since 1991. Her impressive background

also includes service as the Acting Chief Deputy Clerk of the D.C.

Court of Appeals and senior staff attorney at the Court of Appeals.

I now welcome my colleague, Congresswoman Eleanor Holmes

Norton for the District of Columbia, who is here to offer a few

words of introduction for our nominees. Eleanor, thank you for

being here with us today. You always have been very conscientious

about your responsibilities, and we both recognize how important

these judges are to the District.

STATEMENT OF HON. ELEANOR HOLMES NORTON, A REPRESENTATIVE IN CONGRESS FROM THE DISTRICT OF COLUMBIA

Ms. NORTON. Thank you very much, Mr. Chairman. And may I

thank you as well for your very kind and diligent attention to matters facing the District of Columbia, not the least of which was the

creation or the revision of the Family Court, the first revision in

30 years, on which you and your Committee worked so diligently,

and this particular introduction is of special interest. Fifteen new

judges were authorized. Three of the four nominees here today will

be Family Court Judges.

You have outlined their qualifications. I will try not to repeat

what you have said; rather I will quickly run through some of their

impressive credentials. I will do so in alphabetical order.

Jerry S. Byrd, who is now Deputy Presiding Magistrate of the

Superior Court, where he has served since 1981, graduated cum

laude from Fisk University and from Howard University Law

School.

Judith N. Macaluso, Magistrate Judge for 51⁄2 years, spent 22

years as a trial and appellant attorney, won 17 awards at the Justice Department and served at the Labor Department. She is a

magna cum laude graduate of Howard University Law School.

J. Michael Ryan is Special Counsel to the Director of our Public

Defender Service, which we consider the best public defender service in the country. You have spoken of his work in mental health

where he has special responsibilities at the Public Defender’s Service. He is also an Adjunct Assistant Professor of Psychology at

Georgetown University Medical School. He has a B.A. from William

and Mary and has a law degree from George Washington University.

Finally, Fern Flanagan Saddler, the only judge of general jurisdiction, not for the Family Court in particular. A Magistrate Judge

for 11 years, she is a graduate of Wellesley College and of Georgetown University Law School.

I very much appreciate your willingness to hold this hearing so

promptly, Mr. Chairman.

Senator VOINOVICH. Thank you, Congresswoman.
3

You know that you are welcome to stay for the remainder of the

hearing, but I know that you have a very full schedule. We thank

you again for being here with us this morning.

Ms. NORTON. Thank you very much.

Senator VOINOVICH. It is the custom of the Committee to swear

in witnesses. Therefore, I would ask all of you to rise.

[Witnesses Sworn.]

Senator VOINOVICH. Let the record note that all the witnesses

answered in the affirmative.

I understand that some of you have family members here today

as well as supportive colleagues and friends. Please take this opportunity to introduce them now and make any opening remarks

that you would like to make at this time.

Mr. Byrd, we will start with you.

Mr. BYRD. Thank you, Mr. Chairman. I would like to introduce

Ms. Byrd; and Jerry Byrd, Jr., who just graduated from St. John’s

College High School. My secretary, Aylice Cobb is here. My good

friend and colleague, Magistrate Judge Aida Melendez is here. And

my long-time friend and colleague for over 20 years, Presiding

Magistrate Judge J. Dennis Doylt is here also.

Senator VOINOVICH. Thank you. Ms. Macaluso.

Ms. MACALUSO. Thank you, Mr. Chairman. I will make an introduction and make very brief remarks, if I may.

With me today is Vincent Macaluso, my wonderful husband of 32

years. He is retired from a long career as a public servant. Two of

our children were able to be here today, Corine Macaluso, my beloved stepdaughter. She is a Transportation Specialist with the Department of Energy’s Office of Civilian Radioactive Waste Management. Adam Macaluso, my beloved stepson, is a trial attorney with

GEICO.

I am very pleased to introduce dear friends from my legal life,

J. Patrick Glynn, a Director of the Torts Branch, Civil Division,

U.S. Department of Justice; Margaret Jane Mahoney, a trial attorney with the Environmental Torts Branch, Civil Division, U.S. Department of Justice; Jim Faulk, Jr., a Federal trial attorney and

sports attorney, and past Chair of the Litigation Section of the District of Columbia Bar.

I am honored to be able to introduce my very good friends from

the mental health advocacy community, Joan Bowser, who is President of the District of Columbia Chapter of the National Alliance

for the Mentally Ill; and Morton Schussheim who, with his late

wife, Hanna Schussheim, was a Founding member of Friends of St.

Elizabeths and is on the Board of Directors of the District of Columbia Chapter of the National Alliance for the Mentally Ill.

Would now be the appropriate time for me to make my brief remarks?

Senator VOINOVICH. I think what I will do is let everybody introduce their family and then we will hear statements. Thank you.

Mr. Ryan.

Mr. RYAN. Thank you, Mr. Chairman.

I would like to introduce my wife, Catherine Blake Ryan; my son,

Michael Porter Ryan; and my daughter, Virginia Blake Ryan.

I regret that my parents passed away and could not be here to

be present, as well. The Director of the Public Defenders Service
4

1The biographical and professional information for Mr. Byrd appears in the Appendix on page

27.

for the District of Columbia, Ronald S. Sullivan, Jr. is here with

me; my colleagues from the Public Defender Service, close friends

and neighbors from my neighborhood, the Palisades. Thank you.

Senator VOINOVICH. Thank you. Ms. Saddler.

Ms. SADDLER. Good morning, and thank you, Mr. Chairman.

With me today are my wonderful husband, Reverend Paul Harvey Saddler, Executive Minister at Shaw Community Ministry in

the District of Columbia; my brother, Dr. T. Earl Flanagan, Jr., retired Chief of the Dental Staff at St. Elizabeth’s Hospital in Washington, DC; two of my favorite cousins, Malcolm Gee and Joan Miller are here today.

I, too, regret that my parents could not be here; they are both

deceased.

I also have a host of friends, relatives and colleagues here. My

colleagues that are here have already been introduced by Judge

Byrd so I will not repeat that and I do thank them for coming.

Here also are my secretary, Lillie Tyler; and my law clerk, Deborah

Ohiomoba. I thank them for coming.

Senator VOINOVICH. Thank you, very much.

Mr. Byrd, we welcome any comments you would like to make to

the Committee.

TESTIMONY OF JERRY S. BYRD,1 NOMINEE TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT

OF COLUMBIA

Mr. BYRD. Thank you, Mr. Chairman.

I see that Congresswoman Elenor Holmes Norton has gone but

I want——

Senator VOINOVICH. Excuse me, Mr. Bryd, I would like to mention that Senator Carper has joined us. Senator Carper, thank you

for being here.

Senator CARPER. My pleasure.

Mr. BYRD. I just want to put on the record that I appreciate her

introduction of me at this hearing.

It is a privilege and an honor for me to appear here today, to

have this Committee consider whether to consent to my nomination

as an Associate Judge in the District of Columbia Family Court.

It is a culminating event. It is the end of a long-time dream. I

appreciate the time and effort spent by the Committee members

and the staff in considering my nomination.

I am particularly grateful to the staff members who worked with

me and assisted me in this process, and I really needed it.

And finally, of course, I would not be here if the President had

not submitted my name to the Senate, and for this I thank the

President and the White House Office of Counsel to the President,

who saw merit in my candidacy.

Last but not least, I am indebted to the D.C. Judicial Nomination

Commission for submitting my name to the President.

One final remark: As you said, Mr. Chairman, Congress passed

the D.C. Family Court Act to create a court that would specialize

in family matters, particularly those dealing with children. This
5

1The biographical and professional information for Ms. Macaluso appears in the Appendix on

page 41. 2The biographical and professional information for Mr. Ryan appears in the Appendix on page

76.

Committee has an oversight function to see that the type of judges

that are appointed, in fact, have the credentials that are required

by the statute.

I would just like to say that as to whatever experience I may

have gained over the years and I bring to the Family Court, I will

dedicate it to the service of the community and D.C. children. I will

devote myself to continued training, especially in the behavioral

sciences as they improve in diagnosing and dealing with some of

the problems that families face in the District of Columbia. Thank

you.

Senator VOINOVICH. Thank you, Mr. Byrd. Ms. Macaluso.

TESTIMONY OF JUDITH NAN MACALUSO,1 A NOMINEE TO BE

AN ASSOCIATED JUDGE OF THE SUPERIOR COURT OF THE

DISTRICT OF COLUMBIA

Ms. MACALUSO. Thank you, Mr. Chairman and Senator Carper.

I want to thank you both for taking the time to conduct this

hearing and to consider my nomination.

I also want to thank the highly professional, yet compassionate,

Senate staff who helped me through the process and answered my

many questions.

It is also important for me to thank the members of the Judicial

Nomination Commission who recommended me as a candidate; the

staff of the White House Counsel’s Office and the White House

Counsel, Alberto Gonzalez; and President George W. Bush for

nominating me.

It would be a great privilege and a great responsibility to be entrusted with a judgeship on the District of Columbia’s Family

Court. Everyone who comes before the D.C. Superior Court deserves the best the court has to offer, but those involved in Family

Court are truly the city’s most vulnerable people, and I can assure

you that, if I am fortunate enough to be confirmed as an Associate

Judge on the Family Court, I will do my best to meet their needs.

Thank you for considering me.

Senator VOINOVICH. Thank you. Mr. Ryan.

TESTIMONY OF J. MICHAEL RYAN, III,2 A NOMINEE TO BE AN

ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Mr. RYAN. Chairman Voinovich, Senator Carper, and Committee

staffers, thank you.

I am honored to be nominated by the President of the United

States to be a judge on the Family Court. I am honored to appear

before the Governmental Affairs Committee and the U.S. Senate

for confirmation.

I grew up in a house in which commitment to public service was

always regarded as the highest and best use of one’s talents. My

father, Joseph Michael Francis Ryan, Jr., who passed away last

summer, was a judge on the Superior Court and its predecessor

courts for 35 years, the first 10 years actually in a family assign-
6

1The biographical and professional information for Ms. Saddler appears in the Appendix on

page 113.

ment. He was an attorney for the Department of Justice and in the

U.S. Attorney’s Office before that.

My grandfather, Joseph M. F. Ryan, Sr., was a lawyer in Philadelphia for over 50 years.

My commitment to our community and its legal system runs

deep. My wife, Catherine, and I are raising our children, Virginia

and Porter, to feel this commitment, to appreciate these same values and to understand that the ultimate measure of one’s worth is

the manner in which we serve our community.

My career, from law school to present, honors this commitment.

As an attorney for the Public Defender Service in our Mental

Health Division, trying many cases in the court’s Family Division,

it has been my privilege to serve our community for almost 18

years.

I have always relished the chance to give a voice to those least

fortunate in our society. And the role of the zealous advocate is,

without doubt, very important. However, the impartial judge is the

sine qua non of our system of justice.

If given the opportunity to serve on the Superior Court, I will

strive to emulate the best of those who have gone before me, and

in front of whom I have practiced, judges who provide an accessible

forum for the solution of problems, judges who respect both the law

and the litigants, and judges who demonstrate patient fairness in

the resolution of disputes.

Thank you for this opportunity to address the Committee. The

new Family Court is both a challenge and a promise. My career,

I would submit, has prepared me to meet this challenge and I am

dedicated to fulfill the promise to this city if given the opportunity.

Senator VOINOVICH. Thank you, Mr. Ryan. Ms. Saddler.

TESTIMONY OF FERN FLANAGAN SADDLER,1 A NOMINEE TO

BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE

DISTRICT OF COLUMBIA

Ms. SADDLER. Thank you, Mr. Chairman, Senator Carper, and

staff members, for this opportunity to make remarks.

I would like to say that it is quite an honor and a privilege to

be here today. I am so humbled by this occasion.

It has been a lifelong dream of mine to become an Associate

Judge of the Superior Court of DC.

There are so many persons that I wish to thank today. Obviously, I do not have time to thank everyone; we would run out of

time. But I would especially like to thank the Judicial Nomination

Commission for submitting my name to President George Bush as

a candidate for the Superior Court. I wish to thank the President

for nominating me as an Associate Judge of the Superior Court.

And I would like to thank the Senate staff and the Senate for convening this hearing today. The staff has been particularly helpful

and has worked diligently to get me to this stage and through the

process.

I would also like to thank, even though she left, Delegate Eleanor Holmes Norton for introducing me today, and Senator Paul
7

1The prepared statement of Senator Paul Strauss appears in the Appendix on page 18.

Strauss, Shadow Senator for the District of Columbia, for being

here today and submitting a statement in support of my nomination.1 And also, to Senator John Warner and his staff for supporting my nomination, also, and for the statement submitted in

support.

If confirmed, I will be an excellent Associate Judge and will do

my best to serve the District of Columbia to the best of my ability.

Thank you very much.

Senator VOINOVICH. Thank you. For the record, I would reiterate

that the Judicial Nomination Commission recommended your

names to the President of the United States. The President then

recommended you to the Senate. The Committee reviewed reports

from the FBI on each of you. The staff of this Committee have reviewed your qualifications and have asked you many of the tough

questions you needed to answer.

I have personally reviewed the FBI files on each of you, and I

am impressed by your qualifications. The fact that three of you

have served as magistrates and have been in public service a long

time, it is very comforting to me as you are moving into new positions.

Mr. Ryan, you spoke very eloquently, and you are anxious to

have an opportunity to serve.

This court is very important. I come from a State where we have

juvenile judges. I must tell you that when I appointed those judges

to fill a vacancy I really paid a lot of attention to the qualities and

qualifications of the individuals. As a judge you have an opportunity to make a real difference in the lives of some youngsters and

families that really have some problems.

What you do and how conscientious you are in carrying out your

responsibilities, can leave a lasting impression. You can touch a

family. You can touch the individual that comes before you and

make a difference for the rest of their lives.

That is why we were so interested to establish the Family Court,

so we would have that kind of special attention you will bring. You

all have unique experiences, and as you to start to work with these

cases, with the social workers, and so forth, you have an unbelievable opportunity to touch the lives of people and make a real difference.

I hope you look forward to that opportunity. It is a special one.

Senator Carper, would you like to make any comments before I

ask the witnesses to answer some questions that they are required

to answer?

OPENING STATEMENT OF SENATOR CARPER

Senator CARPER. Like Governor Voinovich, I was once a governor. In Delaware, we do not elect judges, we appoint them. Governor’s nominate them. We have a judicial nominating commission.

They submit the names to the governor and the governor considers

those nominees, nominates one and our State Senate than has the

opportunity to hold hearings and then to vote to confirm or not to

confirm.
8

So this is a process we have both been through from earlier parts

of our life and I look forward to asking some questions of all of you.

Thank you for coming, and a special welcome to your families

and to the Shadow Senator sitting out there in the audience.

Senator VOINOVICH. There are three questions that I am required

by the Committee to ask each if you.

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? I would like each one of you to

respond.

Mr. BYRD. No, sir.

Ms. MACALUSO. No.

Mr. RYAN. No, sir.

Ms. SADDLER. No, sir.

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

been nominated?

Mr. BYRD. No, sir.

Ms. MACALUSO. No, sir.

Mr. RYAN. No, sir.

Ms. SADDLER. No, sir.

Senator VOINOVICH. 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. BYRD. Mr. Chairman, I would say that I can serve the 5-year

term in the Family Court, but would not be able to serve the 15

year term of the regular Associate Judge because I will be forced

to retire before I can serve my 15 years.

Senator VOINOVICH. Why would you be forced to retire?

Mr. BYRD. The retirement age is 74 and I am 67 now.

Senator CARPER. You are not. Do you have any ID we could see?

Whatever you are eating and drinking, keep it up.

Mr. BYRD. Other than that, yes, I can serve.

Senator CARPER. God, you are old. So am I.

Mr. BYRD. Senator Carper, I believe that Shadow Senator

Strauss, introduced me to you in the Senate cafeteria about a week

ago.

Senator CARPER. We were eating spinach salads that day, as I

recall.

Senator VOINOVICH. Ms. Macaluso.

Ms. MACALUSO. There is nothing that would interfere with my

serving out my full term. Thank you, Mr. Chairman.

Mr. RYAN. There is nothing that I am aware of that would interfere with my serving a full term, Mr. Chairman.

Senator VOINOVICH. Ms. Saddler.

Ms. SADDLER. There is nothing I am aware of that would prevent

me from serving the full-term.

Senator VOINOVICH. Thank you.

I have a few additional questions that I now would like to ask,

but I am going to yield to Senator Carper. He was so kind to come

in and appear here this morning. So often, when I have done this,

none of my colleagues are able to attend. It is not that they are
9

not interested, but everyone is so busy. They know that you have

all gone through the rigors of this whole process.

But I particularly appreciate Senator Carper being here and Senator, I would like to give you an opportunity to ask any questions

that you might have because I know you are very busy.

Senator CARPER. You are very kind, Mr. Chairman. Thank you

very much.

I have three questions I want to ask of each of you. I will mention the questions and then we will come back and take them one

at a time. I would like for you to answer these questions in about

a minute, if you will. So fairly crisp responses.

Why do you want to be a judge? And particularly why do you

want to be this kind of judge?

Setting aside modesty, I admire modesty in people, but setting

aside modesty, why are you well prepared to assume these responsibilities?

And how about describing for us the attributes of judges whom

you admire and who you would seek to emulate?

Mr. BYRD. I guess I go first?

Senator CARPER. Since you are the oldest.

Mr. BYRD. The reason I would like to be an Associate Judge is

that I have served as a Magistrate Judge for a long time and I

have found that—an Associate Judge, of course, has more responsibility and can do more in terms of assisting the community and

helping the Family Court than a Magistrate Judge.

As an Associate Judge, I would have more control over the cases

that I have. I would control the cases from the beginning to the

end. I would be able to fashion orders and solutions to problems

that, as a Magistrate Judge, I would not be able to do because once

a Magistrate Judge gets through with preliminary proceedings the

case is passed over to an Associate Judge.

I think I am well prepared for an assignment in the Family

Court. I guess out of the 20 years I have been at the court, I have

spent, maybe 10 or 15 years dealing with family matters one way

or another. So, I have dealt with the type of family cases that I

would get as an Associate Judge, at least in their preliminary

stages.

For example, in our abuse and neglect cases, as a Magistrate

Judge, I have dealt with the initial hearing stages and the initial

placement of the children, but I have not dealt with the fact-finding

or dispositional hearings. That is something I would have to do as

an Associate Judge.

But the divorces and other items such as mental retardation

cases, mental health cases, establishing paternity and child support

cases, I already do. So I would think that I would be qualified in

these areas.

As far as attributes for a judge, I would say that Judge James

Belson, who is now a Senior Judge at the Court of Appeals but

started out as a Judge in Superior Court, has attributes of a judge

that I emulate and that I think are very good.

Senator CARPER. What are those?

Mr. BYRD. He has, first, a good judicial demeanor. He is competent and intelligent. He was compassionate as a trial judge, and

he dealt with his cases on an expedited basis. After he served for
10

10 or 15 years as a trial judge he went to the Court of Appeals

where he writes instructive and understandable decisions. This

shows to me that he is well-rounded. He is well-liked and well-respected.

So he is the type of judge that I would emulate, that I do emulate.

Senator CARPER. Thank you.

Ms. MACALUSO. Senator Carper, to address your first question of

why I want to be a judge, I have always felt, even as I was a lawyer for 22 years, that was the part of the legal system that most

fit my personality. What I really wanted to do was make the case

come out right, rather than be an advocate for one side.

And then I was fortunate enough to become a Magistrate Judge,

which is a judge of a court of limited jurisdiction. I found that was

indeed the niche within the legal system that satisfied me best.

Being a judge of the Family Court is a particular attraction and

a wonderful opportunity. It is an opportunity to serve, as I indicated before, the most vulnerable citizens of the District of Columbia and to serve them at a particular time when the Family Court

is first being formed, when we will be able to make a most important contribution to shape the Family Court.

As Judge Byrd indicated, the Magistrate Judges are particularly

well prepared to make this contribution. We have already presided

over many of the kinds of cases involved in Family Court, child

abuse, child neglect, juvenile delinquency, paternity, child support,

uncontested divorces, mental retardation. We have handled mental

health issues in the context of criminal calendars. We have handled

domestic violence issues on the domestic violence calendar and also

in the context of felony criminal calendars. And we have done so

in the role of a judge.

So we do come to this position, I think, particularly well prepared.

Attributes that I would seek to emulate, I particularly admire

Noel Kramer on our court, and she has a plaque in our own personal office within her chambers. On that plaque are written the

words, ‘‘Patients, Dignity, Fairness.’’ Those are certainly three wonderful attributes for me to keep in mind, as this judge I respect

very highly, keeps them in mind on a daily basis.

You cannot put everything on a plaque, so to that I would add

‘‘Timeliness.’’ I think it is tremendously important for a judge to

issue decisions quickly.

And also respect for each individual who comes before you. It is

vitally important that a judge never lose the sense that those people before the judge are distinct individuals. They are not just

items on that day’s conveyor belt.

Those are the attributes that I hope to emulate.

Senator CARPER. Those are great attributes. I would hope that

all of you would subscribe to them and embrace them.

They are great words on the plaque but they are even better

when they come from your heart. Mr. Ryan.

Mr. RYAN. Senator Carper, thank you.

I would like to become a judge. I have been an advocate for many

years and I would like very much to be the problem solver, the per-
11

son who ultimately helps the community solve the problems that

are brought to the courthouse.

As a public interest lawyer, the pinnacle of community service,

as far as I am concerned, short of joining the legislature perhaps,

is being a trial judge. I would like very much to do that.

I believe that I am qualified for that because of the extensive experience that I have had litigating in most of the divisions of the

courthouse.

Specifically for the Family Court, the experience that I have had

in mental health law, I believe uniquely qualifies me for that and

prepares me for it, because the mental health issues that one sees

in the courthouse go through all of the different divisions and they

affect, especially in the Family Division, the development of children and the forces that keep the family together and drive a family apart.

So I would say that my mental health experience is very important in bringing me to the Family Court.

With respect to qualities that I admire in jurists, the ability to

make the courthouse an accessible forum to all people is perhaps

most important to me. Judges who demonstrate respect for both

the law and the litigants, the parties that are before them, and everyone in the courtroom, and give the community the impression

that this is a very serious and honorable thing that is being undertaken in the courthouse is very important to me.

And patient fairness is ultimately what I would look for in myself as a judge and what I have admired in others. There are many

great judges that have practiced in front of me over the years and

the ones that came to mind immediately were Truman Morrison

and Ricardo Urbina and Emmett Sullivan, three great judges that

I have had the privilege of appearing in front of and would love to

do as well as they have done.

Senator CARPER. Thank you, Mr. Ryan. Ms. Saddler.

Ms. SADDLER. Thank you, Senator.

In response to your question of why I want to be an Associate

Judge, as I mentioned earlier, that has been a lifelong dream. And

I have served for the past 12 years as a Magistrate Judge at the

Superior Court of the District of Columbia and have rotated among

the three divisions and have extensive experience in all three divisions.

I want to an Associate Judge. There are some things that Associate Judges do that the Magistrate Judges cannot do and I would

like the opportunity to do that. For example, the Associate Judges

conduct jury trials whereas as we do not do that. Every trial we

do is a bench trial. So I look forward to that opportunity. And there

are some assignments or divisions that we do not have jurisdiction

over, such as landlord and tenant. So I look forward to those assignments.

And I would like to be an Associate Judge because I believe I can

help the court. I have done a good job, a very good job as a Magistrate Judge. I am familiar with the players there. I know just

about all of the staff. I am very familiar with the court and its divisions. I think I can be very helpful to this court.

Senator CARPER. Just describe the attributes of the kind of judge

you would be.
12

Ms. SADDLER. I believe one of the most important attributes of

a judge is an excellent judicial temperament, somebody who treats

all litigants fairly, with dignity, and with respect, who is well-prepared when they come to the bench, makes well-reasoned decisions

based upon the law, and applicable facts in each case.

As to the attributes of judges that I admire, I would name Judge

Nan Shuker and Judge Paul Weber. I have worked with both of

them extensively, especially Judge Shuker when I was in the Civil

Division, and Judge Paul Weber was also—I worked with him

closely before he retired when I was in the Civil Division. They

both are very well-prepared judges. And I have also appeared in

front of them when I was an attorney.

They are well-prepared with their cases. It appears that they

have read the materials and are familiar with the materials. They

always appear fair and just. They take the bench on time. They

have proper courtroom demeanor and decorum in my view.

Senator CARPER. Mr. Chairman, as Ms. Saddler concludes her remarks, I am just reminded that most of the attributes that they

have described that they would seek to be in a judge would be good

attributes for guys like us.

Thank you for letting me join you, Senator Voinovich. I serve on

a bunch of different committees, and I have another one that is

meeting right now and I am going to slip out and join that.

Thank you for giving me a chance to ask those questions. Welcome and good luck. Thanks for your public service. And to your

families that are gathered in the room with us today, thank you

for sharing your loved ones, even your cousins, with the people of

this district. Thank you.

Senator VOINOVICH. Thank you, Senator Carper.

I thought that Senator Carper’s questions were very well stated

and your responses were very kind. And quite frankly, some of the

questions that I wanted to ask you already answered for me.

Mr. Ryan, I have a question I would like to ask you. After this

hearing is over, your names will be brought to the Committee for

consideration and then Members will have to decide if they will

recommend you to the full Senate. And I am sure that one of the

questions that will be on the minds of many of the Members when

they look at the record, is the issue of the tax difficulties that you

disclosed to this Committee in your pre-hearing questionnaire.

I would like you to comment on the record about this. As I say,

it will be an issue that will be raised by some of them and I would

rather have it in the record so that we do not have any question

about it.

Mr. RYAN. Surely, Mr. Chairman. There were taxes that we filed

late as a result of having to have a major overhaul of the way our

income had been calculated. And we worked with the IRS to make

those filings. We paid everything that was due and owing, although

we did pay them late. We filed extensions up until a point and

worked closely with the IRS to file what we were supposed to file

when we could. We met all of our obligations and have thereafter,

sir.

Senator VOINOVICH. I would like a commitment from you today

in public that you are going to file your returns from now, on time.
13

Mr. RYAN. Absolutely. You have that. And I have done that since

then.

Senator VOINOVICH. There will never be any question whatsoever

in the future.

Mr. RYAN. You have that, Mr. Chairman.

Senator VOINOVICH. All of you have to understand that you are

going to set an example for other people. Frankly, what you do in

your personal, private lives many times, as you know in this business, gets out in the press. And if you say one thing to somebody

in the Courtroom and you do something else, the impact that you

have on those individuals is not positive.

Thank you, very much, Mr. Ryan.

Mr. RYAN. Thank you Senator.

Senator VOINOVICH. One of the things that the statute requires

is that all Family Court judges must have, Mr. Byrd, Ms.

Macaluso, and Mr. Ryan, training and experience in family law,

must intend to serve the 5-year term, and must certify to the chief

judge that he or she will participate in ongoing training programs.

I would like to know, first, do you all agree to conscientiously

participate in the training sessions? And if any of you would like

to comment on that, I would be interested in hearing your

thoughts.

Mr. BYRD. Yes, sir. I would like to say, Mr. Chairman, that with

respect to the training program, that I would and will presently

participate in the training programs in Superior Court.

And that not only is it required by the statute, but that I think

it will make me a better Family Court Judge. As a person who has

gone to law school and as a judge, I can oftentimes read new legal

decisions and I do not really need that much training. But when

it comes to applying the behavioral sciences to the volatile situations that we get in these family law cases, then I know that I am

in need of that type of training, that type of introduction to those

disciplines.

The presiding judge of the Family Court, Joe Satterfield, has ongoing training. And I just yesterday went to a training session. So

I intend to fully go to all training sessions, not only because they

are required by statute, but because it will make me a better Family Court Judge.

Senator VOINOVICH. Thank you. Ms. Macaluso.

Ms. MACALUSO. Mr. Chairman, I do not think I can improve upon

or even enlarge upon the remarks that Judge Byrd just made. I

was with Judge Byrd yesterday in the training session that we had

over the lunch hour. As a matter of fact, there is another training

session starting at 4:30 this afternoon.

Both of us are very dedicated to attending these training sessions.

We have been very fortunate because, as Magistrate Judges already at the court, we have had the opportunity over the last several months while our nominations have been pending to start this

training and to attend the ongoing Family Court training. We both

know how valuable and on point this training is.

Thank you, sir.

Senator VOINOVICH. Mr. Ryan.
14

Mr. RYAN. I look forward to any opportunity to go to trainings

dealing with the Family Court and trainings generally dealing with

the work of being a judge. I look forward to it, sir.

Senator VOINOVICH. Ms. Saddler, the training that you have received, have you found it well worthwhile in your responsibilities

as a magistrate?

Ms. SADDLER. Extremely worthwhile. I have been a member of

the Judicial Training Committee for several years. And in that aspect on several occasions I am called upon to train. Often it is helpful to learn when you are training, also.

But I have found it extremely helpful to go to all the training

sessions, have tried to go to all of them, and will participate in any

training for whatever division I am sent to, if confirmed.

Senator VOINOVICH. Under the Family Court Act, ongoing training for Family Court judges must include child development, family

dynamics including domestic violence, relevant Federal and D.C.

laws, permanency planning and practice, and recognizable risk factors for child abuse.

I just want to repeat that again. It includes child development,

family dynamics including domestic violence, relevant Federal and

D.C. laws, permanency planning and practice, and recognizable

risk factors for child abuse.

Since you started the training, Mr. Byrd and Ms. Macaluso, do

you think there is anything else that we ought to have included in

there in terms of training?

Ms. MACALUSO. May I jump in to speak for that?

I do not know that the area of mental illness has been specifically highlighted in that list. And yet, mental health issues permeate virtually all of the child abuse and child neglect cases and

are present in a great majority of the juvenile delinquency cases.

I know that, although that category is not specified, certainly Michael Ryan, if he is fortunate enough to be confirmed, and I if I

am fortunate enough to be confirmed, are dedicated and motivated

with respect to those issues.

Judge Ann O’Regan Keery at the court is a former General Counsel of St. Elizabeths and we have something of a mental health

caucus building at the court, now. And I know that area of training

will be something we will work very hard to address.

Senator VOINOVICH. Thank you. That is a very good point. You

are right, that if you go back to it there is usually some problem

that deals with mental illness.

I will be interested to see the recommendation that just came out

of the President’s Commission. Michael Hogan, who is the Chairman, is the Mental Health Director for the State of Ohio. I hired

him many years ago, and he continues to serve in that capacity.

I think that mental illness is something that we need to talk

more about in this country because it can have a profound impact

on our society.

That is a good suggestion. We will have the staff make note of

that.

I think that I have asked enough questions. Would any of you

like to make any further comments before we adjourn this hearing?

Again, I would like to thank all of you for coming here today, and

I would like to thank the members of your families for being here
15

and backing you up. I know that this is a special time for your families. Many of you have indicated that reaching the bench has been

a desire on your part for a long time. And today, if everything goes

the way I expect it to, that desire that you have will be achieved.

I think the fact that you have diverse experiences, it is a great

benefit. You have worked your way up and get your eye on that

job, and wow, I have an opportunity to serve and make a difference

for my fellow human beings.

So again, thank you very much for being here. And for the children that are here, you can mark this down in your books as a special day. Again, thank you very much.

The hearing is adjourned.

[Whereupon, at 10:47 a.m., the hearing was adjourned.]

(17)

A P P E N D I X

PREPARED STATEMENT OF SENATOR LAUTENBERG

Mr. Chairman, we have before us four nominees to be Associate Judges of the Superior Court of the District of Columbia. I would make two related points.

The District of Columbia has more people than Wyoming and nearly as many as

Vermont and Alaska. Yet DC is not a State and so does not have two U.S. Senators;

its House Member, Delegate Eleanor Holmes Norton, had her voting privilege rescinded by House Republicans when they took over in 1995.

It would be easy—and terribly unfortunate—for the Administration to try to ‘‘ram’’

judicial nominees down DC’s throat. There have been far too many instances over

the years in which the Executive Branch and, I’m sorry to say, Congress have run

roughshod over Home Rule in D.C.

Fortunately, that does not appear to be the case here.

We have the DC Judicial Nomination Commission, which compiles and submits

a lost of nominees to the President. The President makes his selections from that

list.

Which brings me to my second point: I think it is refreshing that the District of

Columbia—one of the most progressive jurisdictions in the country—can come to

some agreement with a conservative Republican President on judicial nominees?

I think it is a model we ought to be looking at with regard to reaching a consensus on other Federal judicial nominees.

Thank you, Mr. Chairman. I look forward to hearing from our nominees.

PREPARED STATEMENT OF SENATOR WARNER

Chairman Collins, Senator Lieberman, and my other distinguished colleagues on

the Senate’s Government Affairs Committee, I thank you for holding this confirmation hearing today.

Today, I am pleased to introduce to you Magistrate Judge Fern Flanagan Saddler,

who has been nominated to serve as a judge on the District of Columbia’s Superior

Court.

Miss Saddler has a strong legal background. Subsequent to earning her J.D. at

Georgetown University Law Center in 1979, she practiced law for many years in

Washington, D.c. at the law firm Mitchell, Shorter and Gartrell. She represented

many clients in civil, family, and criminal cases before local and Federal trial courts

as well as Federal appellate courts.

Over the years, Magistrate Judge Saddler has served the District of Columbia

Court of Appeals in many capacities. First, she served as a Senior Staff Attorney

for the court, and then as the Acting Chief Deputy Clerk.

In February 1991, she was sworn in as a Magistrate Judge for the Superior Court

of the District of Columbia. For the past 11 years, she has rotated among the Family, Criminal, and Civil Divisions of the court.

As you can see, Magistrate Judge Saddler’s experience with the law is extensive.

I support her nomination, and look forward to the Committee reporting out her

nomination favorably.
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