U.S. GOVERNMENT PRINTING OFFICE

67–287 cc WASHINGTON : 2000

S. Hrg. 106–807

NOMINATIONS OF JOHN RAMSEY JOHNSON AND

GERALD I. FISHER

HEARING

BEFORE THE

COMMITTEE ON

GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

ON THE

NOMINATIONS OF JOHN RAMSEY JOHNSON AND GERALD I. FISHER TO

BE ASSOCIATE JUDGES OF THE SUPERIOR COURT OF THE DISTRICT

OF COLUMBIA

SEPTEMBER 13, 2000

Printed for the use of the Committee on Governmental Affairs

(

For sale by the Superintendent of Documents, Congressional Sales Office

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

(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS

FRED THOMPSON, Tennessee, Chairman

WILLIAM V. ROTH, Jr., Delaware

TED STEVENS, Alaska

SUSAN M. COLLINS, Maine

GEORGE V. VOINOVICH, Ohio

PETE V. DOMENICI, New Mexico

THAD COCHRAN, Mississippi

ARLEN SPECTER, Pennsylvania

JUDD GREGG, New Hampshire

JOSEPH I. LIEBERMAN, Connecticut

CARL LEVIN, Michigan

DANIEL K. AKAKA, Hawaii

RICHARD J. DURBIN, Illinois

ROBERT G. TORRICELLI, New Jersey

MAX CLELAND, Georgia

JOHN EDWARDS, North Carolina

HANNAH S. SISTARE, Staff Director and Counsel

JOHANNA L. HARDY, Counsel

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

Restructuring, and the District of Columbia Subcommittee

MASON C. ALINGER, Professional Staff Member, Oversight of

Government Management, Restructuring, and the District of Columbia Subcommittee

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel

PETER A. LUDGIN, Minority Professional Staff Member

MARIANNE C. UPTON, Minority Chief Counsel/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 statements: Page

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

WITNESSES

SEPTEMBER 13, 2000

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

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

John Ramsey Johnson, to be an Associate Judge of the Superior Court of

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

Gerald I. Fisher, to be an Associate Judge of the Superior Court of the

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

ALPHABETICAL LIST OF WITNESSES

Fisher, Gerald I.:

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

Biographical information ................................................................................. 28

Johnson, John Ramsey:

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

Biographical information ................................................................................. 7

Norton, Hon. Eleanor Holmes:

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

(1)

NOMINATIONS OF JOHN RAMSEY JOHNSON

AND GERALD I. FISHER

WEDNESDAY, SEPTEMBER 13, 2000

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

The Committee met, pursuant to notice, at 9:10 a.m., in room

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

presiding.

Present: Senator Voinovich.

OPENING STATEMENT OF SENATOR VOINOVICH

Senator VOINOVICH. The hearing will come to order. I would like

to welcome everyone here this morning, especially our nominees,

Gerald Fisher and John Ramsey Johnson, who have been nominated to serve as Associate Judges for the District of Columbia. Let

me state for the record that both of our nominees have been subjected to a very thorough screening process.

They were recommended by the District’s Judicial Nomination

Committee, subjected to FBI background investigations and subsequently nominated by the President of the United States. Since the

nominations were received, the Committee staff has also conducted

separate background checks and interviews of both of the nominees.

And I want to say that yesterday I visited with the White House

Counsel and looked over the FBI reports and so forth, so I am pretty familiar with your backgrounds, and then our staff has done a

lot of work. So I think, for the record, people should know that both

of these candidates have been subjected to an enormous amount of

scrutiny by not only the White House, but by the Senate, and have

gone through all the various screenings that one has to go through,

and you all ought to feel very good about the fact that you are here,

because if you had not done that well, you would not be here today.

We are privileged to have with us today Congresswoman Eleanor

Holmes Norton, who does an outstanding job of representing the

District. She has been very conscientious about trying to make sure

that we get the very best people on the courts here in the District.

Eleanor, it is nice to welcome you here this morning.

STATEMENT OF ELEANOR HOLMES NORTON, A DELEGATE IN

CONGRESS FROM THE DISTRICT OF COLUMBIA

Ms. NORTON. Thank you very much, Mr. Chairman. The District

very much appreciates that you have moved so expeditiously to

hold this hearing, to fill two spots, two places on our local bench.

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As you may know, I do not participate in the selection of the local

benches. I do U.S. District Court judges, because I regard that as

a home-rule matter, but since this is an Article I court, it is always

a great pleasure to sponsor and introduce nominees who have completed a thoroughly professional screening process.

We have a wonderful doubleheader here today, with two outstanding nominees. First, let me introduce John Ramsey Johnson.

I know that the U.S. Attorney’s Office—and I see the United States

Attorney here—will miss this mainstay of the U.S. Attorney’s Office. He has himself served as interim U.S. Attorney, appointed

first by Attorney General Janet Reno, then by the U.S. District

Court judges themselves.

He has held the second-highest position in the U.S. Attorney’s

Office, Acting Principal U.S. Attorney. In that office, as a career

U.S. Attorney, Mr. Johnson has done it all. He has, across the

board, deep experience in prosecuting everything from local crimes

to international terrorism, civil and criminal appeals, and training

new assistants. His work in the U.S. Attorney’s Office has been excellent preparation to serve on our Superior Court bench.

Despite his busy professional life, Mr. Johnson has managed to

be elected to office at his local public school PTA, where his son is

in the second grade, and to act as a mentor to youngsters. He is

almost a lifelong resident of the city, went to undergraduate school

at Georgetown, got his law degree at Antioch Law School, now

known as the University of the District of Columbia Law School,

and he was a captain in the Air Force. This is an outstanding candidate, we believe, for you to consider, Mr. Chairman.

I would next like to introduce Gerald Fisher, also an excellent

candidate who has had a distinguished career in private practice,

most recently at Fisher and Hansen. His deep experience comes as

a supervising attorney initially at criminal defense clinics which involve five of our six law schools: Georgetown, Howard, George

Washington, Catholic, and American. He himself is a specialist in

complex criminal and civil litigation. Over 15 years, he has taught

evidence, trial practice, and capital punishment jurisprudence at

Georgetown Law School as an adjunct professor.

Mr. Fisher is frequently on the faculty for child-advocacy programs around the country. He is a graduate of the College of William and Mary in Virginia, and Catholic University Law School

here. He clerked in our own District of Columbia Court of Appeals.

I am very pleased to recommend this highly-qualified candidate.

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

say that the fact that I am here should not be interpreted as the

fact that this is not very important to the Members of the Senate.

I know that several other Members would like to have been here

this morning, but they have some conflicts in their schedule. I just

want the family to know that this is a big deal. And so we are glad

to have all of you here. Mr. Ramsey, would you like to introduce

your wife and children?

Mr. JOHNSON. I certainly would, Mr. Chairman. Thank you very

much. This is my wife, Monica McGowan, and my daughter, Molly,

who is about to turn 12, and my son, John, who is seven. And I

also have with me today, if I may mention them, U.S. Attorney

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1The biographical information of Mr. Johnson appears in the Appendix on page 7.

Wilma Lewis and a close colleague of mine, also from the office,

Channing Phillips. Thank you.

Senator VOINOVICH. You are going to be missing somebody important in your operation.

Ms. LEWIS. Yes, we will.

Senator VOINOVICH. I am sure you are rejoicing in the fact he is

going to have an opportunity to serve in another way. I told the

children, ‘‘You know, I think you are going to see more of your

dad.’’ [Laughter.]

He is going to work hard, but one thing, for the most part, judges

do control their schedules, as contrasted to people who are in the

Attorney’s office—you are always there; aren’t you?

Mr. Fisher, would you like to introduce—I know that your law

partner is here today, and you are welcome to introduce your

friends.

Mr. FISHER. I would like to introduce Mary Kennedy, who is my

significant other, my life partner, and next to her is Kurt Hansen,

my law partner at Fisher and Hansen. As I indicated to you earlier, if I am fortunate enough to be confirmed, I am the fourth partner that he has had who ascends to the Superior Court bench.

Senator VOINOVICH. He ought to go into business, just advertise.

[Laughter.]

We have a tradition here in this Committee that we ask all of

our witnesses to go under oath, and if you will both stand, I would

like to swear you in. Please raise your right hand and repeat after

me. Do you solemnly swear that the testimony you will give the

Committee today will be the truth, the whole truth, and nothing

but the truth, so help you, God?

Mr. FISHER. I do.

Mr. JOHNSON. I do.

Senator VOINOVICH. Let the record show that both of our candidates answered in the affirmative. Mr. Johnson, we are pleased

to have you here today, and would you like to make any kind of

an opening statement?

TESTIMONY OF JOHN RAMSEY JOHNSON,1 TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT

OF COLUMBIA

Mr. JOHNSON. Only very briefly. Thank you, Mr. Chairman. I

wanted to tell you that I am greatly honored to be testifying here

today. I wanted to thank the President for nominating me to be an

Associate Judge of the Superior Court. I particularly wanted to

thank you for holding this hearing and the Committee for moving

forward on this. This is really a great honor, and I will be very

happy to answer any questions you may have.

Senator VOINOVICH. Mr. Fisher.

4

1The biographical information of Mr. Fisher appears in the Appendix on page 28.

TESTIMONY OF GERALD I. FISHER,1 TO BE AN ASSOCIATE

JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Mr. FISHER. Thank you, Mr. Chairman. I also share Mr. Johnson’s sentiments about being very honored to be here—both being

nominated by the President and being allowed to come before this

Committee. I just wanted to add my special thanks to Delegate

Norton for taking her time out from what I know is a very busy

schedule today to come and introduce us.

And I also wanted to thank the Committee staffers, who have

really made this process extremely understandable and easier than

I otherwise thought it would be. The last point is I am especially

happy to be here today with Ramsey Johnson, who is a friend and

colleague of 20 years and, in my opinion, as deserving of this position as anybody in the city. Thank you very much.

Senator VOINOVICH. I mentioned earlier that I read your background, and you have been through a series of investigations and

staff work. I would be interested for the record to have each one

of you respond to why it is that you want to hold this position.

Both of you are successful in your own particular fields and I would

be interested in knowing why it is that you want to serve on the

bench.

Mr. Johnson.

Mr. JOHNSON. Yes, Senator. Thank you. I have, as I think the

record indicates, spent essentially my entire life in Washington,

D.C., and it is my hometown. Even though I understand it is the

Nation’s capital and has various members of the diplomatic corps

and others here, but I actually live in the house I grew up in, and

my wife and I have put an addition on the back, but we are raising

our children in the same place where I grew up. They are learning

to ride their bicycles on the same sidewalk.

And all of that has given me a connection to this city that I find

very rewarding. The Superior Court of the District of Columbia

serves the people of the District of Columbia and all their many

problems. Usually problems bring people to a courthouse, from

family law to difficulties with juveniles and adult crime, and civil

cases. It is, to me, looking at it as a lawyer, an important part of

the lifeblood of a community.

And I am hopeful that, based on my years of experience and

training, and just my years, that I can bring some judgment, perspective and love of this city to the job, and not only would it be,

I hope, rewarding for me, but that it would, in fact, benefit the people who live and work here.

Senator VOINOVICH. In Ohio, it is like our Court of Common

Pleas, where you really deal with the problems of the people in the

area.

Mr. JOHNSON. Exactly.

Senator VOINOVICH. It is not a bad thing to have somebody who

lives in the area be a judge on the bench. One of the things we did

in our city when I was mayor was that we had a residency requirement and a lot of people hooted and howled over it. It was not retroactive, but for new people, they had to live in the city. It has

5

really made a big difference. It really has, because there is a certain sense of commitment to the city because you are a resident of

the city, and it is a good dimension and it is great.

Mr. Fisher.

Mr. FISHER. Thank you, Senator. I share a lot of the feelings that

Mr. Johnson has, although I have not been here in the city nearly

as long. I have lived here over 20 years now. I must confess that

I do not leave private practice without some regrets. I enjoy litigation and I enjoy many of the things I do. I guess I have come to

the point in my career where there is a certain frustration in being

unable to solve and address problems from the position that I am

in, and I think being a judge can help you to do that.

Hopefully, I, too, will bring some wisdom and some judgment and

some experience and maybe just good old common sense to the job

and can do more good for this city than I have thus far been able

to do.

Senator VOINOVICH. Well, I do not think enough people in this

country have an appreciation about how important our good judges

are to our society, and it is nice that both of you are interested in

pursuing a seat on the Superior Court.

I have some questions that must be answered. They are mandatory questions and I am going to ask each one of you—I will read

the question first and then you can respond to it. First, are you

aware of anything in your background that might present a conflict

of interest with the duties of the office to which you have been

nominated?

Mr. Johnson.

Mr. JOHNSON. No, Mr. Chairman.

Senator VOINOVICH. Mr. Fisher.

Mr. FISHER. No, Mr. Chairman.

Senator VOINOVICH. Do you know 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. JOHNSON. No, Mr. Chairman.

Mr. FISHER. No.

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. JOHNSON. No, Mr. Chairman.

Mr. FISHER. No, Mr. Chairman.

Senator VOINOVICH. Let the record show that the answers to all

those questions were no.

Is there anything else that you would like to add?

Mr. JOHNSON. No, sir. Thank you.

Mr. FISHER. I don’t believe so.

Senator VOINOVICH. The procedure is that once this hearing is

held, then it will go to the Committee as a whole and for review.

We will see what we can do to move it along as quickly as we can

and hopefully get it done before we get out of here. I know that

you are needed in the positions which you are seeking, and I will

do what I can to move this along for you, but at this stage of the

game here in Congress, it is hard to figure out what is going on.

Thank you so much for being here and I am so glad that you were

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able to bring your friends, Mr. Fisher, with you, and Mr. Johnson,

your family.

Mr. FISHER. Thank you, Senator.

Mr. JOHNSON. Thank you.

Senator VOINOVICH. I wish you good luck in your new career. The

hearing is adjourned.

[Whereupon, at 9:26 a.m., the Committee was adjourned.]

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