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44–581 PDF 2009

S. Hrg. 110–966 

NOMINATIONS OF CAROL A. DALTON, ANTHONY 

C. EPSTEIN, AND HEIDI M. PASICHOW 

HEARING 

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED TENTH CONGRESS 

SECOND SESSION 

ON THE 

NOMINATIONS OF CAROL A. DALTON, ANTHONY C. EPSTEIN, AND HEIDI 

M. PASICHOW TO BE ASSOCIATE JUDGES OF THE SUPERIOR COURT 

OF THE DISTRICT OF COLUMBIA 

JULY 23, 2008 

Available via http://www.gpoaccess.gov/congress/index.html 

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 

(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

MICHAEL L. ALEXANDER, Staff Director 

KRISTINE V. LAM, Professional Staff Member 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

JENNIFER L. TARR, Minority Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 

PATRICIA R. HOGAN, Publications Clerk and GPO Detailee 

LAURA W. KILBRIDE, Hearing Clerk 

(III) 

C O N T E N T S 

Opening statements: Page 

Senator Akaka .................................................................................................. 1 

Senator Voinovich ............................................................................................. 3 

WITNESSES 

WEDNESDAY, JULY 23, 2008 

Hon. Eleanor Holmes Norton, Delegate of the District of Columbia, U.S. 

House of Representatives .................................................................................... 2 

Carol A. Dalton to be Associate Judge, Superior Court of the District of 

Columbia ............................................................................................................... 6 

Anthony C. Epstein to be Associate Judge, Superior Court of the District 

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

Heidi M. Pasichow to be Associate Judge, Superior Court of the District 

of Columbia ........................................................................................................... 7 

ALPHABETICAL LIST OF WITNESSES

Dalton, Carol A.: 

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

Biographical and professional information ..................................................... 15 

Responses to post-hearing questions .............................................................. 84 

Epstein, Anthony C.: 

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

Biographical and professional information ..................................................... 46 

Responses to post-hearing questions .............................................................. 88 

Norton, Hon. Eleanor Holmes: 

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

Pasichow, Heidi M.: 

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

Prepared statement .......................................................................................... 60 

Biographical and professional information ..................................................... 62 

Responses to post-hearing questions .............................................................. 89 

(1) 

NOMINATIONS OF CAROL A. DALTON, 

ANTHONY C. EPSTEIN, AND 

HEIDI M. PASICHOW 

WEDNESDAY, JULY 23, 2008 

U.S. SENATE,

COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, 

Washington, DC. 

The Committee met, pursuant to notice, at 2:37 p.m., in room 

SD–342, Dirksen Senate Office Building, Hon. Daniel K. Akaka, 

presiding. 

Present: Senators Akaka and Voinovich. 

OPENING STATEMENT OF SENATOR AKAKA 

Senator AKAKA. The Committee on Homeland Security and Governmental Affairs will come to order. 

I want to say good afternoon to our witnesses as well as all of 

you who are present, and welcome our nominees along with their 

family and friends to the Committee today. We are always delighted to have the nominees’ families present, and I want to add 

my welcome to Peter Flynn, the husband of Judge Dalton; Karen 

and Katherine Epstein; and to Betty and Milton Pasichow who are 

here. Welcome to the hearing. 

Today, the Committee on Homeland Security and Governmental 

Affairs meets to consider the nominations of Carol Dalton, Anthony 

Epstein, and Heidi Pasichow to be Associate Judges on the District 

of Columbia Superior Court. 

The nominees have an impressive range and depth of experience. 

Judge Dalton has been a magistrate judge on the Family Court of 

the D.C. Superior Court since 2002, and prior to that she had considerable experience in family law and other fields. Mr. Epstein has 

approximately 30 years of legal experience in a variety of areas of 

law, and he is a partner at the law firm Steptoe and Johnson. Ms. 

Pasichow has worked as a prosecutor in the Office of the U.S. Attorney for more than 20 years, currently investigating and prosecuting cold cases in the Homicide Section. 

I am particularly glad to be holding this hearing today. It had 

been delayed due to a technical error in the District of Columbia 

Family Court Act. That Act increased the number of judges for the 

D.C. Family Court, but failed to increase the overall cap in D.C. 

Superior Court Judges. All of the nominations before the Committee today have been pending for quite some time because the 

2 

Senate was unable to confirm Superior Court nominees as judges 

retired. 

This spring, Congress enacted legislation, S. 550, which I introduced with my good friends Senator Voinovich and Senator Lieberman. That Act increased the total number of D.C. Superior Court 

judges to correct the problem, allowing us to move forward on these 

nominations. The fact that each of you is sitting here today suggests that you have the patience and dedication to make a good 

judge. 

I would like to yield for a statement from our friend and Delegate of the District of Columbia, Eleanor Holmes Norton. Delegate 

Norton has served in the U.S. House of Representatives with distinction, and we are happy to welcome her to the Committee. I 

know you have a very tight schedule, so we will let you introduce 

the nominees and then resume our opening statements and proceed 

with the hearing. 

Delegate Norton. 

TESTIMONY OF HON. ELEANOR HOLMES NORTON, DELEGATE 

OF THE DISTRICT OF COLUMBIA, U.S. HOUSE OF REPRESENTATIVES 

Ms. NORTON. I thank you very much, Mr. Chairman, and I thank 

you for your graciousness in observing the House schedule as well. 

And I thank both of you—Senator Akaka and Senator Voinovich— 

for the special and sensitive attention you have paid to the District 

of Columbia, to observing its home rule status, and essentially 

helping the District in so many ways as its legislation has come before you, one of which you have just cited, Mr. Chairman. And I 

particularly thank you for taking time as we approach the end of 

the session—a very busy session at that—to confirm judges so that 

we are not left with a very busy court without a full complement 

of judges. 

The bill you spoke about, Mr. Chairman, that returned the court 

to the authorized number was very important for the District. 

What it took to get it through the House meant that for some time 

the District could not fill vacancies as Congress always intended, 

and we are very grateful that these three judges are before you 

now precisely because of that legislation, which started here, actually, and then we were able to get it through the House. 

Let me thank you as well for the very important work you did 

on the Family Court Division, which was a law that we got through 

by the temporary reduction in judges to the Superior Court, but 

which you have generously brought back to your original intention 

all along. 

Mr. Chairman, you and the Ranking Member have been well 

briefed and have before you all of the background of these judges. 

I will just in very summary fashion indicate by introduction who 

they are. 

In alphabetical order, Carol Dalton comes to you having been a 

magistrate judge, Mr. Chairman, through the very bill that enlarged the number of magistrates to the Family Court. She has 

spent her entire career litigating matters involving caretakers, children, abused children, indigent children, and neglect cases. She is, 

it seems to me, tailor made for the Family Court. As you know, 

3 

that court requires some time spent, some time for each of these 

judges to spend on Family Court matters alone. She is a graduate 

of the George Washington University and the New York Law 

School. 

Anthony Epstein has strong litigation experience. He has been 

an attorney with the Department of Justice Antitrust Division. He 

has been a Special Assistant U.S. Attorney. His distinguished career well prepared him to sit on our Superior Court. He is a graduate of Yale Law School and Yale College, summa cum laude, Phi 

Beta Kappa. 

Finally, Heidi Pasichow is at present an Assistant U.S. Attorney 

with the Homicide Section of that division. She knows the city well, 

having litigated matters of the very kind that are important before 

the Superior Court. She is a graduate of the American University 

Law School and the George Washington University with distinction, Phi Beta Kappa. 

Let me thank you once again for your consideration of these 

three nominees who, in my judgment, are well qualified to sit on 

the court. And may I indicate that they were all three chosen by 

a home rule process, by residents of the District of Columbia. They 

are themselves residents of the District of Columbia. I am fully satisfied with their qualifications, and I am pleased and proud to recommend them to you for your consideration. 

Thank you, Mr. Chairman. 

Senator AKAKA. Thank you very much, Delegate Norton, and we 

much appreciate your being here and your introducing the nominees today. I understand that you have a busy schedule on the 

other side of the Capitol, and I really appreciate your coming all 

the way over here to introduce our nominees. So thank you very 

much again. 

I would like to now ask Senator Voinovich for his opening statement. 

OPENING STATEMENT OF SENATOR VOINOVICH 

Senator VOINOVICH. Thank you, Senator Akaka. I want to extend 

a welcome to the nominees appearing before us today. We appreciate your time and your willingness to serve on the District of Columbia Superior Court. 

Judges have the significant responsibilities of protecting citizens’ 

rights and liberties, upholding and interpreting the law, and equitably resolving disputes. I trust that, if confirmed, each of you will 

fulfill these responsibilities with honor, courage, and character befitting the court. 

We have reviewed each of your background questionnaires, and 

I believe all of you are well qualified to serve as an Associate Judge 

for the Superior Court. I just wish that my own Court of Common 

Pleas in Cuyahoga County, Ohio, had the qualifications as you 

have here today. It is just amazing how qualified the people are 

that are being asked to serve here. The people of the District are 

very fortunate to have such high-quality nominees for the bench. 

I am not going to go over your resumes. We have already done 

that. I look forward to hearing more about your experience and 

your interest in pursuing public service. And, again, I thank each 

of you for your willingness to serve. I would also like to express my 

4 

appreciation to your families. I know the folks that are related to 

you are very proud that you are being nominated for this court, 

and many of them have made great sacrifices over the years so you 

could be where you are today. And many of them will continue to 

make sacrifices as you carry out your responsibilities on the court. 

And to them, to all of you, welcome. 

Senator AKAKA. Thank you very much, Senator Voinovich. 

All three nominees have filed responses to a biographical and financial questionnaire, answered pre-hearing questions submitted 

by the Committee, and had their financial statements reviewed by 

the Office of Government Ethics. Without objection, this information will be made part of the hearing record, with the exception of 

the financial data, which are on file and available for public inspection in the Committee office. 

Our Committee rules require that all witnesses at nomination 

hearings give their testimony under oath. Therefore, I ask each of 

you to please stand and raise your right hand. Do you swear that 

the testimony you are about to give the Committee is the truth, the 

whole truth, and nothing but the truth, so help you, God? 

Judge DALTON. I do. 

Mr. EPSTEIN. I do. 

Ms. PASICHOW. I do. 

Senator AKAKA. Thank you. Let the record note that the witnesses answered in the affirmative. 

As I mentioned earlier, each of you have family members here 

with you today. I would like to give each of you the opportunity to 

introduce them or any friends who are here today to the Committee 

before we proceed with your statements. Judge Dalton. 

Judge DALTON. Thank you, Mr. Chairman, and I am thrilled that 

my wonderful husband, as you mentioned is here, who has been so 

supportive of me. 

I am also honored that Judge Emmett Sullivan of the U.S. District Court and the Chair of the Nominating Commission is here. 

I am joined by some of my colleagues who have inspired me and 

supported me through this process. Judge Kramer is here, whose 

spot I applied for. Judge Howze, Judge Irving, and Judge McKenna 

are here, who have been so supportive to me. 

I would also like to recognize my wonderful judicial assistant 

Kelly Benson who, if I am confirmed, will be coming with me as 

my assistant. 

I also have some attorneys who have actually come before me 

and have been my colleagues, so I guess I am doing OK. I have Ms. 

Sharon Singh and Lawrence Spillan. 

I would like to say that my mother, Ann Stephenson, and my 

aunt Marge Kalita could not make it because of health reasons due 

to age, nor could my brother, John Dalton, who is taking care of 

them. But they are here with me in spirit and have been very supportive. So thank you. 

Senator AKAKA. Thank you for that. 

Mr. EPSTEIN. I am here with my wife, Karen, who has been also 

incredibly supportive to me, and my older daughter Kate, who happens to be a graduate student at the Ohio State University. 

Senator AKAKA. Welcome. Ms. Pasichow. 

5 

Ms. PASICHOW. Thank you, Mr. Chairman and Senator Voinovich. I am honored to appear here today. I would like to acknowledge and thank your staff members for their diligence and for their 

confidence in me during the process. I wish to acknowledge and 

thank Congresswoman Eleanor Holmes Norton for her introduction 

and support of my nomination to the Superior Court for the District of Columbia. 

Mr. Chairman, I would like to recognize my parents, Betty and 

Milton Pasichow, whom you mentioned earlier and whom I am so 

proud to have with me here today. I want to thank my older brother Bill, who is not able to attend, but who, with my parents, gave 

me confidence and compassion, qualities that have come with encouragement and love. My parents guided me in the tradition of 

their parents, my grandparents, who immigrated to the United 

States, whom I was fortunate to know and who were hard-working, 

generous, and respectful. They taught me by example, and they are 

with me every day. 

I want to say with gratitude and humility that I thank the 

Chairman of the District of Columbia Judicial Nomination Commission, Judge Emmett Sullivan, who is here today, and members 

of his staff, members of the Nomination Commission who supported 

my professional aspiration to become an associate judge on the Superior Court, for the confidence they placed in me by sending my 

name to the White House for consideration. 

I want to thank the President of the United States for nominating me for the position and acknowledge with gratitude John 

Smith and Scott Coffina in the White House Counsel’s Office for 

their support. 

I am honored by the presence and continuing guidance that I receive from the staff of Chief Judge King’s chambers. And I am 

moved and gratefully acknowledge the presence of Judge Sylvia 

Bacon, currently a law professor, who is here today, who was a distinguished judge on the D.C. Superior Court and who took me 

under her skilled and dedicated wing as her judicial law clerk from 

1983 to 1985. 

The U.S. Attorney Jeffrey Taylor is here with us, who supported 

my efforts to seek a judgeship and with whom I have had the privilege of working; Glenn Kirschner, chief of the Homicide Section, 

who gave me the opportunity to return to Superior Court from the 

Criminal Division; and First Principal U.S. Attorney Channing 

Phillips, whose counsel is unsurpassed and whose tenure spanned 

generations of prosecutors and numerous Presidential administrations. I would also like to thank the judges who are here and before 

whom I appeared, who have set the highest standards for civility 

and professionalism. 

I am trying to make this brief. I have one more little section, and 

I apologize, but this day is so important to me, and I want to make 

sure that the people who are here understand how much I appreciate their support. 

I also acknowledge with affection my dear colleagues from the 

U.S. Attorney’s Office, attorneys’ support staff and victim witness 

advocates who have supported efforts and who have worked tirelessly with victims and witnesses to crimes, to my colleagues on the 

defense bar, to my fellow faculty members at the National Institute 

6 

for Trial Advocacy. I am honored by the presence of members of the 

Metropolitan Police Department, including those detectives whose 

dedication to public service, competence, and bravery provide a 

trusting hand to the witnesses and victims of crime in our community. And I would especially like to recognize Karen Evon, who is 

here today. Her son was the victim of a violent shooting in a public 

market over 15 years ago. She relied on the system to seek justice 

and closure. Ms. Evon, like so many survivors of crime, has inspired me by her courage and faith in the process. 

In large measure due to the support and encouragement of all 

the people I have mentioned, including my dear friends and others 

who have joined me here today, I am humbled to be before this 

Committee for its consideration of my nomination to the D.C. Superior Court. 

Thank you, Mr. Chairman. 

Senator AKAKA. I can see now the strong support each of you 

have by your introductions of those who are here to witness this 

hearing. And I want to thank you for having them here today. 

I look forward to hearing your testimony. Judge Dalton, please 

proceed with your statement. 

TESTIMONY OF CAROL A. DALTON TO BE ASSOCIATE JUDGE, 

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Judge DALTON. Yes, thank you, Mr. Chairman. I am honored to 

testify before this Committee today. I would also like to thank Congresswoman Eleanor Holmes Norton for coming and speaking on 

our behalf. 

I would also like to thank Judge Sullivan and his committee for 

recommending me, and the President for nominating me. 

I would also like to thank the White House staff, including Scott 

Coffina, who has been wonderful through this process. It has been 

21⁄2 years, so he has received a number of calls from me. [Laughter.] 

And he has been very kind, and the Committee staff members as 

well have been absolutely wonderful and worked very diligently. I 

was shocked during my meeting to see that they read many of my 

orders, but they have been wonderful. And I want to thank you for 

convening this at this very late time. It has been my privilege to 

serve as a magistrate judge for 6 years, and I can honestly say that 

it has been the best position that I have ever had. And I am still 

humbled by it. 

So thank you for letting me be here, and one last thing. If I forgot to thank Judge Irving for being here—I am not sure I did, but 

he has been a very good friend as well. 

Thank you. 

Senator AKAKA. Thank you very much. Mr. Epstein. 

TESTIMONY OF ANTHONY C. EPSTEIN TO BE ASSOCIATE 

JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Mr. EPSTEIN. Thank you, Mr. Chairman. I join my fellow witnesses in thanking you for giving us this hearing today. I agree 

that the District is fortunate in having its judges chosen through 

the nonpartisan process. I am grateful to Judge Sullivan and the 

Judicial Nomination Commission for recommending me to the 

7 

1The prepared statement of Mr. Pasichow appears in the Appendix on page 60. 

White House and to the President for nominating me. I appreciate 

the exemplary professionalism of your staff throughout this phase 

of the process. And I want to thank Delegate Norton for her kind 

and generous introduction. 

I also would be remiss if I did not thank you two, Senator Akaka 

and Senator Voinovich, along with Chairman Lieberman, for your 

leadership in increasing the number of judges on the Superior 

Court. As you said, we would not be here today if it weren’t for 

that. As the Committee noted in its report, it is a hardship to be 

in limbo for as long as we were, and I am grateful the process is 

coming to an end. 

It would be an honor and a privilege and a dream come true for 

me to serve as an associate judge on the Superior Court. The court 

deals on a daily basis with some of the most serious and difficult 

problems that the District of Columbia faces, and it would be an 

honor to serve with some of the judges who are here today on that 

court and try to resolve those cases on a just and equitable basis. 

Thank you. 

Senator AKAKA. Thank you very much. 

And now I would like to call on Ms. Pasichow. If you have given 

your statement, fine. Otherwise, you may proceed. [Laughter.] 

TESTIMONY OF HEIDI M. PASICHOW 1 TO BE ASSOCIATE 

JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Ms. PASICHOW. I joined the U.S. Attorney’s Office and experience 

firsthand each and every day how the judges strive to provide access to the justice system to all litigants. Outside of the courtroom, 

I participated in the Office’s citywide community prosecution effort 

and its unprecedented outreach programs. What I knew before was 

greatly reinforced; that is, if given the opportunity, I would make 

my life’s work the challenges and rewards of serving the District 

of Columbia community. It is with profound respect for those on 

the bench where I seek a position, that I would be honored and 

would welcome the opportunity to continue my public service as an 

associate judge on the Superior Court of the District of Columbia. 

Thank you very much. 

Senator AKAKA. Well, thank you. 

I will begin with the standard questions this Committee asks of 

all nominees, and I would like each of you to answer each 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? 

Judge DALTON. No, Mr. Chairman. 

Mr. EPSTEIN. No, Mr. Chairman. 

Ms. PASICHOW. No, Mr. Chairman. 

Senator AKAKA. Do you know of anything, 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? 

Judge DALTON. No, Mr. Chairman. 

Mr. EPSTEIN. No, Mr. Chairman. 

Ms. PASICHOW. No, sir. 

8 

Senator AKAKA. Do you agree without reservation to respond to 

any reasonable summons to appear and testify before any duly constituted Committee of Congress if you are confirmed? 

Judge DALTON. Yes, Mr. Chairman. 

Mr. EPSTEIN. Yes, Mr. Chairman. 

Ms. PASICHOW. Yes, Mr. Chairman. 

Senator AKAKA. Well, thank you very much for your answers to 

that. 

My first question is to Judge Dalton. You have practiced family 

law for quite some time. If you are called upon to hear cases outside the Family Court, how do you plan to overcome the challenge 

of rapidly developing expertise in other areas of law? 

Judge DALTON. I think, Mr. Chairman, that there probably is an 

opening in Family Court, but obviously, I serve at the will of the 

chief judge, and if there weren’t, I have a LL.M. in tax. I have practiced some civil cases and some criminal cases. 

I am an extremely diligent person, so I can promise you that I 

would never take the bench without having read the rules, the 

statute, and the case law. 

I also am somewhat famous, as my judicial assistant could tell 

you, for hiring what she calls ‘‘The Firm.’’ I have many interns that 

work for me and I am constantly giving them research assignments 

to keep me up to date. 

The court also provides two mentors under a new program, and 

so I would work with my mentors. And, also, I think my litigation 

experience—and I have probably done 80 to 100 trials now and before I came to the bench, and so I think all of that put together, 

I will welcome any challenges, and I can assure you that I will 

serve with the knowledge that I need. 

Senator AKAKA. Thank you. 

Mr. Epstein, you have an impressive background and a great 

deal of legal experience but little recent trial experience and experience in D.C. courts. Why did you decide to seek this position? And 

why do you believe you will be good at it? 

Mr. EPSTEIN. I sought the position because this is my community. This is the city where I live. I have a commitment to it. You 

are correct that I haven’t tried a lot of cases recently here in Washington, although I should put in a good word for the Court of Common Pleas in Canton, Ohio, where I had a case that went on for 

some years, and the judge there was absolutely terrific. 

I think it would a wonderful challenge to help the court deal with 

a very long and difficult docket. I have had a varied experience on 

the criminal side, both as a prosecutor and as a defense lawyer. 

And I have represented both plaintiffs and defendants in civil cases 

and in courts that have basically the same rules of procedure that 

the Superior Court does. I have tried to use the waiting time I have 

had productively. When I have had the chance, I have stopped by 

various courtrooms around the courthouse here in the District, and 

I am happy to say that what the lawyers and judges were doing 

all looked familiar to me. And I feel confident that I could make 

an effective contribution to the court if I were confirmed. 

Senator AKAKA. Well, thank you very much. 

Ms. Pasichow, you have been a prosecutor for nearly—well, I 

guess your entire career. As a judge hearing criminal cases, you 

9 

will have to maintain neutrality and adopt a presumption of innocence. Do you feel confident that you will be able to fulfill the 

judge’s neutral role? 

Ms. PASICHOW. Yes, I do. And I will say that in that 22-plusyear-period, because I actually first stepped into D.C. Superior 

Court as a law student with the D.C. Law Students in Court Program, I did have an opportunity to see throughout my career at the 

U.S. Attorney’s Office, each and every day in each and every courtroom that I went into, how the judges strive to provide justice— 

whether it is in the criminal context, the civil context, landlord-tenant, the whole volume of cases—in a full and fair manner. I believe 

that those experiences in that courthouse have guided me. I am 

committed to the characteristics that I have seen; that the courtrooms are places that provide a safe and fair forum, and through 

the mentorship that I have received through the judges, qualities 

such as fairness, unbiased presiding over cases, and respect for all 

litigants are really the qualities that I am committed to bring to 

the court if confirmed. Fairness, particularly in the criminal justice 

system, is a characteristic that I have learned as an Assistant U.S. 

Attorney, both on the line and also as a supervisor where I have 

had to balance many competing interests and always ensure that 

the law is upheld. 

Senator AKAKA. Thank you. I have further questions that I will 

ask in the second round. 

I will call on Senator Voinovich for his questions. 

Senator VOINOVICH. Thank you, Mr. Chairman. 

Judge Dalton, you had a legal career in trust and estate matters, 

and then you went over to Family Court. You have been nominated 

for the Superior Court. How are the experiences that you have had 

as a magistrate, do you think, relevant to the job you are now seeking and have been nominated to? 

Judge DALTON. Having served on the bench for 6 years, I think 

I have grown as a judge. Obviously, with hindsight after the first 

year when I looked back, I thought about how I had changed. It 

was an awesome responsibility to make decisions about families’ 

lives, and I hope I have followed the code. I have been independent. 

I have been unbiased. I have always tried to keep my temperament 

at the appropriate level, and I think most importantly also, pretty 

much everyone knows, and the attorneys here could tell you, that 

I am very conscious, as the code notes, of time, starting on time 

and ending on time, so people, including the people that come into 

the court, can get to their jobs or where they need to be. 

I think the 6 years of hearing cases, the litigation experience has 

prepared me for any further challenges. 

Senator VOINOVICH. Mr. Epstein, following up on Senator 

Akaka’s question, from what I understand none of your cases have 

gone to trial in the past 10 years. Of course, that is an accomplishment. [Laughter.] 

Given that fact, describe your knowledge of evidentiary rules and 

trial and post-trial procedures. Will go through an orientation period. 

Mr. EPSTEIN. Yes, the Court has a training program, a training 

committee, which is—— 

10 

Senator VOINOVICH. You have your old book on evidence, have 

you? 

Mr. EPSTEIN. I got the standard handbook on the D.C. law of evidence, Judge Graae’s book on evidence. I have had the interesting 

experience of serving for the last 31⁄2 weeks on a grand jury in the 

District of Columbia in the Superior Court, and I have used our 

lunch breaks and morning and afternoon breaks to review that. I 

don’t want to say it is like riding a bicycle. I need to refresh my 

recollection on some of the rules, and there are some idiosyncracies 

of D.C. evidence law and D.C. procedure that I need to become familiar with. And I will do what I need to do to get up to speed. 

Senator VOINOVICH. This may be a tough question. How would 

you deal with an attorney that you do not think is doing the job 

that he should be doing for the client? 

Mr. EPSTEIN. That is a hard question. I do not think there is any 

single or simple answer to that question. Sometimes I think some 

lawyers are just hopeless, not to put too fine a point on it, and then 

sometimes the judge, to ensure that justice is done, has to roll up 

his or her sleeves and do the research that the lawyer should have 

done. I do not think the sins of the lawyer should necessarily be 

visited on the client. 

Sometimes I think a quiet word, perhaps off the record, to a lawyer can be useful. Obviously, in extreme cases, if the lawyer has 

really fallen down on the job and prejudiced his or her client, then 

judges need to refer lawyers to the D.C. bar counsel. There is also 

a procedure in place in criminal cases for appointed lawyers that 

their performance is reviewed, and obviously if I had a concern 

about a lawyer’s performance, I would want to call that to the attention of the judges who oversee the Criminal Justice Act Panel. 

Senator VOINOVICH. Good answer. 

Ms. Pasichow, you have been a prosecutor, and one of the things 

that bothered me when I practiced is that so often people get on 

the bench and they lose their humility and, sometimes, common 

sense. I am sure that you have had the opportunity over the years 

to observe many judges. Could you tell me the three characteristics 

that you think reflect the best judges that you have had the privilege of dealing with? 

Ms. PASICHOW. Thank you for that question, Senator. Respect, 

fairness, and an ability to make a decision: I think those three 

characteristics trump many of the other ones that are needed to be 

an effective and compassionate judge. But those would be the three 

that I would put at the top of my list. 

Senator VOINOVICH. And I am sure you remember how some of 

them treated you—— [Laughter.] 

And the ones you liked better than others. 

Ms. PASICHOW. I must say, Senator, that, I was so inspired by 

so many of the judges before whom I appeared throughout my entire career. I would like to think that is one of the reasons that I 

was so highly motivated to become a judge in that courthouse. 

Senator VOINOVICH. Well, again, the District is lucky to have 

you. I have been on this Committee now for 10 years. The quality 

of our Judicial nominees I have seen is just outstanding, so you 

must have come in contact with some very good people. 

Ms. PASICHOW. Yes, I did. Thank you. 

11 

Senator VOINOVICH. Thank you. 

Senator AKAKA. This question is to Judge Dalton and Ms. 

Pasichow. I would like to hear from both of you on the issue that 

I asked Mr. Epstein about why do you want to serve as a Superior 

Court judge? And what particular strengths do you believe you will 

bring to the bench? Judge Dalton. 

Judge DALTON. Mr. Chairman, having served for 6 years as a 

magistrate judge, as I said, I think it has been the best position 

of my career. I have had the ability to make decisions, hopefully 

helping families. I am constantly humbled by that opportunity. 

If I am confirmed, I think that serving as an associate judge 

would help me to grow as a judge, help me to meet new challenges 

and serve in different areas of the court that I could not serve on 

now. For instance, even if I stayed in Family Court, I cannot do 

juvenile trials now, or I cannot do mental health cases. So I believe 

that to grow as a judge, if I am confirmed, that would be very helpful to me. 

I think for the past 6 years what I have learned as a judge that 

is important is to treat everyone that comes before me with respect. 

Even having seen some of the most heinous abuse of children, having sat on the bench, I have seen the abusers and realized that 

they are human beings, albeit fragmented and fragile human 

beings. And so I have learned to treat everyone with respect. I am 

still humble about the job that I have, and so I think there is no 

fear that I will ever not take it seriously or be honored by it. 

Senator AKAKA. Ms. Pasichow. 

Ms. PASICHOW. Chairman thank you for the question. I would 

like to, if confirmed, further my public service beyond the criminal 

justice system to all litigants who would be before a court for which 

I have, as I indicated, so much respect. I actually feel like I grew 

up there in the courthouse and have been in and out of that courthouse over the past 24-plus years, and have been able to not just 

be a passive observer, but a real participant in a process that I 

truly believe in, whether it is the criminal justice system or the 

civil process. But I have seen the court at work, and throughout 

that time I have also seen the court’s progress in providing access 

to the court system, education to the community, programs such as 

the community courts. I think Judge Kramer is here—she was earlier—who went out into the community—I am very committed to 

the community, and I think those types of programs are programs 

that I would like to participate in so that the community understands that there is actual access to justice. And then once inside 

the courtroom, I agree with Judge Dalton that an environment of 

respect and balanced judgment would weigh in favor of people leaving the courthouse feeling like they have been able to express their 

views and feel a sense of closure. 

I hope that I would be informed by all of the experience I have 

had in that courthouse and bring that experience to the court. 

Senator AKAKA. Thank you. 

I would like to ask this question to all three of you, and I would 

like to hear what you see as the biggest challenge that you will 

face as a Superior Court judge. And how do you plan to address 

that challenge? Judge Dalton. 

12 

Judge DALTON. Mr. Chairman, thank you for the question. I 

think there are many challenges that I will face as a judge. One 

of the biggest challenges is something that I think Chief Judge 

Rufus King keeps reminding us of: Justice delayed is justice denied. And so with a heavy volume of cases, the pressure is now on 

the court for us to issue our findings within a day, if we can, of 

trial. So that would be one of the challenges that I face, is to timely 

issue my findings. 

I think that there are a number of changes that the court has 

made over the years with our Family Court Act, and we are in the 

second phase of our strategic plan. And under the aegis of Chief 

Judge King, we have accomplished a lot. But one of the most important things that he is looking at is moving our cases, also balancing the type of personalities that the court is now experiencing. 

We have a change in the community. We have a lot of wealthy, 

technologically proficient people moving into D.C. that are coming 

to the court. But at the same time, I think we have a diverse community of people that speak different languages. And so I think as 

a judge, we have to be culturally competent. We have to learn how 

to keep up with the technology, but also how to speak to people 

who are not familiar with the technology and to make them understand the orders that we are issuing. 

So I think those are the biggest challenges I will face. 

Senator AKAKA. Mr. Epstein. 

Mr. EPSTEIN. I agree with Judge Dalton. I think the hardest part 

of the job is that there are tough cases and so many of them. This 

is a busy trial court in a major metropolitan area, and I think the 

challenge is how do you give each case the individual attention that 

it deserves, and at the same time keep up with your docket. I do 

not think there is any simple answer to that. Hard work is clearly 

one of them. I think you have to have some judgment about what 

is important in each case reasonably quickly and try to focus on the 

key issues as best you can. 

Senator AKAKA. Thank you. Ms. Pasichow. 

Ms. PASICHOW. Chairman, I would take my cues from Judge Dalton, who has the experience here, and I certainly concur with what 

Mr. Epstein has said. My experience in the courthouse has indicated that one of the most difficult things that I have observed is 

how to manage expectations; that is, that the party comes into the 

courtroom and has the trial date set, and then is discouraged when 

that trial date is not really a firm trial date, when because of the 

volume of cases and because of other issues that come up that 

sometimes they become disappointed. And I think it would be a 

great challenge to attempt in the best way possible to adjust expectations and ensure that there is some reliance on a calendar in a 

system that works so that lawyers and parties can come into the 

courtroom and know what to expect at that particular time. 

Senator AKAKA. Thank you. 

My next question is to Judge Dalton. From your experience practicing family law and working with the Family Court, what do you 

view as the greatest difficulties facing the Family Court and the 

D.C. Trial and Family Services Agency? 

Judge DALTON. That is a very good question. I would be remiss 

if I didn’t say that thanks to Congress for the Family Court Act 

13 

and under the leadership of Judge Satterfield, Judge Josey-Herring 

and Chief Judge Rufus King, we have made remarkable strides in 

Family Court from its appearance, making families more comfortable, to our timeliness, to our giving closure to families either 

through reunification or adoption. 

I think the challenges that we face—throughout the entire court 

there are challenges in the sense that we need mental health services and substance abuse services. I know the court is constantly 

looking for grants to have programs like our Family Treatment 

Court. And it will be a challenge to continue to expand them. 

I know in Criminal Court, we have just started a Mental Health 

Court, and it would be my privilege to serve on a committee to 

start a Juvenile Mental Health Court. But I think the biggest challenge is to help the community deal with substance abuse and 

mental health issues in order to make the families whole. 

But we have done such a large amount of work after the Family 

Court Act, from going out into the community, to going to the 

schools, to help solve truancy problems by working with children 

and parents, to hearing cases, sometimes every week until we get 

it right, until we help the families. We have challenges, but we certainly are moving forward very rapidly. 

Senator AKAKA. Mr. Epstein, you have represented corporations 

primarily while practicing at law firms for more than 25 years. 

Many of the people who will come before you in Superior Court face 

economic disadvantage and have limited access to information 

about the legal system. 

Do you feel you will be able to relate well to the diverse backgrounds of those who will come before you as a judge? 

Mr. EPSTEIN. I certainly hope to. I should add, you are right, I 

have represented mostly companies, but I have represented a number of individuals over the years. 

Maybe the best way to answer your question is this: For the past 

6 months, I have served as a volunteer in the Self-Help Center of 

the Family Court. As Judge Dalton said, the Family Court recognizes that a substantial majority of the people who appear before 

it do not have lawyers. They do not know their way around the 

courthouse. They do not know where to begin. And the court created this Self-Help Center where they can come in and get practical advice. And I have tried to volunteer there at least once a 

week for a 3-hour stint each week. And I think I have been able 

to connect with at least some of the people there. I am happy to 

keep agreeing with Judge Dalton. You know, there is a real mix 

of people who come before the Superior Court. Some of them are 

hard to relate to, in part because the whole process is just so intimidating and frightening to them. Particularly in the Family 

Court, I think one of the obligations of the judge, to the extent that 

he or she can, is to put them at their ease so that they feel that 

their problem is being understood and addressed. 

Senator AKAKA. Ms. Pasichow, similarly, I would like to hear 

your views on the greatest criminal justice challenges facing the 

District of Columbia today. 

Ms. PASICHOW. Well, Chairman Akaka, I can speak from my experience. I think that some of the greatest challenges that we have 

had, particularly in the U.S. Attorney’s Office, are issues that inVerDate Nov 24 2008 11:07 Jan 19, 2010 Jkt 044581 PO 00000 Frm 00017 Fmt 6633 Sfmt 6633 P:\DOCS\44581.TXT SAFFAIRS PsN: PAT
14 

volve fear, fear of retaliation, fear of being involved in the system, 

fear of cooperating with law enforcement, fear of overzealous prosecution, and the fear of heavy-handed judges. I have had a firsthand view working with the community, with witnesses and victims of crime, and advocates in our office to attempt to get into the 

community and bring the community into the system. I think the 

most rewarding experience that I have had was when individuals 

who get involved in the process, and there is a detective here who 

has worked tirelessly with me to attempt to do this, that when one 

individual says that he or she have a more positive perception of 

the criminal justice system, I feel like that is one step closer to 

where we need to go and where we need to be. 

The reality of intimidation in this community is striking, the reality of it, not just the perception that people do not feel safe when 

they come forward to work within the system, at least the criminal 

justice system. I am hoping that with each step forward we move 

people into the process so that there is more confidence in the system. 

Senator AKAKA. Well, thank you. I want to thank you all. There 

are no further questions at this time. There may be additional 

questions for the record which we will submit to you in writing. 

The hearing record will remain open until the close of business 

tomorrow for Members of this Committee to submit additional 

statements or questions that they may have. It is my hope that the 

Committee will vote in the near future and that your nominations 

will be considered soon by the full Senate. And I just want you to 

know that I will make every effort to expedite that. 

I want to thank you again for your statements, your sincerity, 

your humility, and your respect. I just have a feeling that you will 

make great judges. But we will do our part here and try to get this 

through and to have it confirmed as soon as we can. 

So, with that, this hearing is adjourned. 

Ms. PASICHOW. Thank you, Mr. Chairman. 

Judge DALTON. Thank you, Mr. Chairman. 

Mr. EPSTEIN. Thank you. 

[Whereupon, at 3:30 p.m., the Committee was adjourned.] 

(15) 

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