[Senate Hearing 111-687]
[From the U.S. Government Publishing Office]
S. Hrg. 111-687
NOMINATIONS OF HON. CHRISTINE M. GRIFFIN AND STUART G. NASH
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
of the
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
NOMINATIONS OF HON. CHRISTINE M. GRIFFIN TO BE DEPUTY DIRECTOR, OFFICE
OF PERSONNEL MANAGEMENT, AND STUART G. NASH TO BE ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
JULY 16, 2009
__________
Available via http://www.gpoaccess.gov/congress/index.html
Printed for the use of the
Committee on Homeland Security and Governmental Affairs
----------
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Washington, DC 20402-0001
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware JOHN McCAIN, Arizona
MARK L. PRYOR, Arkansas GEORGE V. VOINOVICH, Ohio
MARY L. LANDRIEU, Louisiana JOHN ENSIGN, Nevada
CLAIRE McCASKILL, Missouri LINDSEY GRAHAM, South Carolina
JON TESTER, Montana
ROLAND W. BURRIS, Illinois
MICHAEL F. BENNET, Colorado
Michael L. Alexander, Staff Director
Kristine V. Lam, Professional Staff Member
Christine S. Khim, Counsel, Subcommittee on Oversight of Government
Management, the Federal Workforce, and the District of Columbia
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Jennifer L. Tarr, Minority Counsel
Jennifer A. Hemingway, Counsel, Subcommittee on Oversight of Government
Management, the Federal Workforce, and the District of Columbia
Trina Driessnack Tyrer, Chief Clerk
Patricia R. Hogan, Publications Clerk and GPO Detailee
Laura W. Kilbride, Hearing Clerk
C O N T E N T S
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Opening statements:
Page
Senator Akaka................................................ 1
Senator Voinovich............................................ 5
Prepared statements:
Senator Akaka................................................ 25
Senator Voinovich............................................ 27
WITNESSES
Thursday, July 16, 2009
Hon. John F. Kerry, a U.S. Senator from the State of
Massachusetts.................................................. 2
Hon. Eleanor Holmes Norton, a Delegate in Congress from the
District of Columbia........................................... 6
Hon. Christine M. Griffin to be Deputy Director, Office of
Personnel Management........................................... 7
Stuart G. Nash to be Associate Judge, Superior Court of the
District of Columbia........................................... 19
Alphabetical List of Witnesses
Griffin, Hon. Christine M.:
Testimony.................................................... 7
Prepared statement........................................... 30
Biographical and financial information....................... 33
Responses to pre-hearing questions........................... 41
Letter from the Office of Government Ethics.................. 77
Responses to post-hearing questions for the Record........... 78
Letter of support from Senator Kennedy....................... 29
Kerry, Hon. John F.:
Testimony.................................................... 2
Nash, Stuart G.:
Testimony.................................................... 19
Prepared statement........................................... 86
Biographical and financial information....................... 88
Norton, Hon. Eleanor Holmes:
Testimony.................................................... 6
APPENDIX
Hon. Edward M. Kennedy, a U.S. Senator from the State of
Massachusetts, prepared statement.............................. 28
NOMINATIONS OF HON. CHRISTINE M. GRIFFIN AND STUART G. NASH
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THURSDAY, JULY 16, 2009
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:08 a.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 hearing of the U.S. Senate Committee on
Homeland Security and Governmental Affairs will now come to
order.
Good morning and welcome. Today, the Committee on Homeland
Security and Governmental Affairs meets to consider the
nomination of Christine Griffin to be the Deputy Director of
the Office of Personnel Management (OPM).
Ms. Griffin is a native of Boston, Massachusetts, and a
graduate of the Massachusetts Maritime Academy and the Boston
College Law School.
Ms. Griffin is a veteran and a lifelong public servant who
began demonstrating her commitment to her country at an early
age. Immediately after graduating from high school, Ms. Griffin
enlisted in the U.S. Army and served on active duty for 3 years
during the Vietnam War. After completing her active service,
Ms. Griffin served an additional 2 years on reserve duty.
We thank you very much for your dedicated service during
that difficult time of war.
After graduating from the Massachusetts Maritime Academy,
Ms. Griffin began work with the U.S. Food and Drug
Administration (FDA) as a mechanical engineer and field
investigator. Ms. Griffin also has served as Executive Director
of the Boston Disability Law Center.
In 2005, Ms. Griffin was unanimously confirmed by the U.S.
Senate to become a member of the U.S. Equal Employment
Opportunity Commission (EEOC). Ms. Griffin is the first female
with a physical disability to serve as a commissioner in the
history of the EEOC.
Ms. Griffin has been a leading advocate for improving the
opportunities available to physically disabled Americans and is
an advocate in particular for disabled veterans. Ms. Griffin
has played a key role in increasing the number of physically
disabled workers in the Federal Government.
As the Chairman of both the Oversight of Government
Management, the Federal Workforce, and the District of Columbia
Subcommittee and the Veterans Affairs Committee, I understand
the critical importance of these efforts, and I look forward to
hearing about your very important work in this area. But before
I say another word, I want to introduce my friend Senator Kerry
and ask him to continue the introduction of Ms. Griffin.
Senator Kerry.
TESTIMONY OF HON. JOHN F. KERRY, A U.S. SENATOR FROM THE STATE
OF MASSACHUSETTS
Senator Kerry. Well, thank you, Senator Akaka. Thank you
for your kind words about the nominee and for the privilege of
letting me be here to introduce Ms. Griffin.
I apologize, I was outside, but I am happy to say that I
was on the phone with Senator Kennedy and his wife, Vicki, both
of whom are enormously supportive of the nominee and want to
extend their good wishes.
I am really here both on my own behalf as well as Senator
Kennedy's behalf. I know he is in our thoughts a lot right now
but more so when we get to see a nominee who embodies the
virtues and engages in the battles for which Senator Kennedy
has fought for about half a century now. I think it is fair to
say that Ted Kennedy has done more than any Senator in the
history of this institution to advance the cause of Americans
with disabilities. I know because he just told me how much he
wishes he was here to salute this nominee and to introduce her
himself.\1\
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\1\ The prepared statement of Senator Kennedy appears in the
Appendix on page 28.
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Ms. Griffin is a friend and a longtime partner in the equal
rights struggle and now a nominee for the very important post
of Deputy Director of the Office of Personnel Management.
If I could just say, Mr. Chairman, Senator Voinovich,
before becoming America's 26th President, Teddy Roosevelt
helped another reformer President, Benjamin Harrison, to fix
the Federal Civil Service system, and he wanted it to be
professional, driven by merit rather than patronage, and open
to all. Today, the former President and former Civil Service
Commissioner is the namesake of the OPM's building, and in many
ways we are still struggling with the same issues. We need
highly competent and devoted public servants like Christine
Griffin to help ensure that Federal hiring reflects our ideals.
Like Teddy Roosevelt, Christine Griffin is a trailblazer.
In the mid-1970s, as you mentioned, she served on active duty
in the Army. She was one of only 11 women, Mr. Chairman, in the
second coed class at the Massachusetts Maritime Academy.
I know she is fond of saying that the engineer on a
merchant ship is more in charge of the ship than the captain,
and as a lieutenant in the Navy, I am going to respectfully
disagree with her. [Laughter.]
But I admire her training and her moxie. In her third year
at the Academy, Mr. Chairman, a car accident confined Christine
to a wheelchair, but she has never truly been confined to it.
Her spirit is much bigger than that, her energy, her direction,
and more importantly, she never has allowed that disability to
define her.
Instead, she thrived as a lawyer and as a public servant.
She earned a law degree from my alma mater, Boston College Law
School, and won the prestigious Skadden Fellowship when she
graduated. She became Executive Director of the Disability Law
Center in Boston from 1996 to 2005 when she was named one of
the Nation's 11 Lawyers of the Year by Lawyers Weekly USA.
She was then appointed by President Bush and confirmed
unanimously by the Senate to serve on the U.S. Equal Employment
Opportunity Commission.
Christine will take on a leadership position inside the
organization that is the chief architect of the human resources
agenda for 1.9 million Federal employees nationwide. This is an
important job. Among the OPM's primary responsibilities are
crafting improved Federal recruitment strategies, expediting
the hiring process for Federal positions, and attracting a
diverse group of men and women with a rich mix of talents to
serve in America's Civil Service.
I am 100 percent plus confident of Christine's ability to
execute those responsibilities with enormous distinction. She
is a person who literally embodies all that we hope for in
public servants. She is smart. She is accomplished. She is
courageous. She is independent. And I think she is deeply
committed to the values and principles embodied in the job that
she has been named for.
So I am really proud on behalf of Massachusetts and Senator
Kennedy to introduce her to you.
Ms. Griffin. Thank you very much.
Senator Akaka. Thank you very much, Senator Kerry.
Senator Kerry. If you will forgive me for having to leave,
I appreciate it.
Senator Akaka. Thank you very much. Thank you for your
introduction. I know you have a very busy schedule. So I am
pleased that you were able to make it today, and thank you so
much for mentioning Senator Kennedy and, in a sense,
representing him in this introduction.
Senator Kerry. Thank you so much.
Senator Akaka. Thank you.
Ms. Griffin, I want to congratulate you on your nomination
and welcome you and your family, in particular, your husband,
Philip, who is here today with you. I understand that you have
some family and friends here, and I should also add,
supporters, in the audience today, and I want to give you an
opportunity to introduce them to the Committee. Will you please
do that at this time?
Ms. Griffin. Thank you. You actually mentioned my husband,
Philip.
This is my nephew, Griffin Doherty, and he is a staffer who
works in Senator Kennedy's office.
There are a lot of people here, way too many for me to
introduce, but there are folks from OPM. There are folks from
the EEOC. There are, I know, a number of people from the
disability community in various Federal agencies and nonprofit
organizations in Washington, DC, and my colleague from the
Commission, Commissioner Barker, is here. People on my staff--
Jo Linda Johnson and Steve Zanowic are here--and I am sure you
know some of the other folks that you have been working with
from OPM over the years.
But thank you for allowing me to do that.
Senator Akaka. Well, thank you very much for that
introduction.
Again, let me express my aloha and welcome to all of you.
We are very happy to have all of you here.
Now, Ms. Griffin, I look forward to hearing from you about
your vision for OPM and your thoughts on addressing the vast
human capital challenges the government is facing. As we all
know, it is a crucial time for the Federal Government and the
Federal workforce. With an economy that is continuing to
struggle, people are looking to the Federal Government for
effective leadership. An increasing number of young people are
looking to the Federal Government as well for meaningful
careers. Having the right talent in place from the most senior
officials down to front-line employees is more important now
than ever.
If confirmed, you, along with Director Berry, must confront
the pressing challenges of helping agencies meet their
workforce needs. With nearly half of the current Federal
workforce being eligible for retirement by 2012, we will be
looking for a new generation of Federal employees who may have
different career expectations than their predecessors. We must
work now to make the Federal Government the employer of choice
in our country. In particular, we must reform the broken hiring
process, which takes too long and places too much burden on
applicants.
I appreciate the work OPM has been doing on this issue with
assistance from the Office of Management and Budget for the
first time. As you know, Senator Voinovich and I have
introduced the Federal Hiring Process Improvement Act, S. 736,
to streamline and improve the Federal hiring process. We
strongly believe that legislation is needed to ensure that OPM
and the agencies have all of the tools needed to ensure full
and effective governmentwide implementation of hiring reform.
We look forward to hearing your thoughts on this issue.
The hiring process is not the only part of this equation
that needs to be changed. Supervisors play a key role in
motivating and retaining the most talented Federal employees.
Research shows that strong senior leadership in Federal
agencies is among the most important elements of employee
satisfaction. Supervisors must be trained to increase employee
productivity without undermining employees' rights and
protections. I have introduced the Federal Supervisor Training
Act, S. 674, to provide initial and ongoing training to
supervisors in the Federal workforce.
I know that Senator Voinovich is committed to improving
performance management as well, and I look forward to working
with you, Ms. Griffin, and with Senator Voinovich as we move
forward on these important issues.
During the last Congress, I introduced a bill to
reestablish labor-management partnerships in the Federal
sector. I understand that the Obama Administration is
considering reestablishing these partnerships, and I have not
yet reintroduced my bill to allow the new Administration time
to work through the issue.
I encourage you to ensure that OPM is doing all it can to
facilitate the reestablishment of these valuable partnerships.
More broadly, I hope all of your work to improve and reform
Federal personnel systems is based on working closely with
Federal employees and their representatives.
My good friend and partner, Senator Voinovich, and I have
sat on this Committee for a number of years. Senator Voinovich
is a true leader--I call him a champion in Federal workforce
issues--and has demonstrated his commitment in his years on
this Committee to improve all aspects of our Federal workforce.
Senator Voinovich, I would like to continue to work on this
as long as we can and as quickly as we can.
At this point, I would like to call on Senator Voinovich
for his opening statement.
OPENING STATEMENT OF SENATOR VOINOVICH
Senator Voinovich. Senator Akaka, thank you for your very
generous words. I think that we have had a great partnership
for 10 years and have tried conscientiously to make a
difference in terms of our Federal workforce.
Senator Akaka is right, Ms. Griffin. I am going to finish
up next year, and there is a list of things at OPM that I want
to see get done.
I would like to thank your family for the sacrifice they
have made so that you can serve. They are going to make even
more sacrifices if you are confirmed by the Senate, which I
think you will be. I thank them in advance for it. This is
tough work and long hours.
During my tenure on this Committee, we have spent a great
deal of time reviewing our government's efforts to find and
hire the best and brightest employees that the private sector
hires at higher salaries and better benefits. I think in this
instance the Office of Personnel Management and the District of
Columbia have found extremely qualified candidates for
positions.
Mr. Chairman, since you and I have discussed the nominee's
background and qualifications, I will not go into the details.
You have done that.
Ms. Griffin, I will be following with great interest your
work with Director Berry to reinvigorate the Office of
Personnel Management. We had a wonderful discussion in my
office. I would like to suggest to Senator Akaka when we get
back from recess that you and Director Berry could come in and
see us privately to talk about your priorities.
Mr. Nash will appear next, and I want to say that I
appreciate his distinguished education and background. He has
also devoted more than a decade to his career in public
service, and I am pleased that he is willing to continue
serving his community further at the D.C. Superior Court.
I look forward to hearing from both of the nominees about
their education, experience, and why they have sought their
respective positions.
Mr. Chairman, I hope that the Committee can vote on these
nominations as soon as possible because I think the court needs
Mr. Nash and OPM needs Ms. Griffin. Thank you.
Senator Akaka. Thank you very much, Senator.
I would like to now call a person who has served the
District of Columbia so well for many years in the U.S. House
of Representatives and continues to do so, and we are very
happy to continue to work with her on many pioneering issues
for the District. I am delighted to have her here to add to the
introduction of Mr. Nash.
Will you please do that at this time?
TESTIMONY OF HON. ELEANOR HOLMES NORTON, A DELEGATE IN CONGRESS
FROM THE DISTRICT OF COLUMBIA
Ms. Norton. Well, thank you very much, Mr. Chairman. I
thank you, Senator Akaka, for your long service to the city on
this Committee and you, Senator Voinovich, for service in so
many ways, especially on the District of Columbia Tuition
Assistance Grant (DC TAG) bill, which has met the promise that
both of you knew it would.
This is the bill that allows so many more District
residents to go to college because we do not have a State
university system. But because of your work in getting this
bill through, we have virtually doubled college attendance
here. I want to take this moment to offer my particular thanks
on that very important score.
It is always a pleasure to introduce a judge for an Article
I court, in this case, Stuart Nash for Associate Judge of the
Superior Court of the District of Columbia. I believe you will
find him a particularly well-qualified nominee, with a strong
law enforcement background, in particular, coming from the
Organized Crime Drug Enforcement Task Forces program, which he
directed.
We are very pleased with his local work as a U.S. Attorney
here for 7 years. He was counsel to the Judiciary Committee.
Before that, he was in private practice at Williams and
Connolly.
And, he has a strong academic background: Duke University,
magna cum laude; and Harvard Law School, magna cum laude. We
are particularly pleased when our residents who are equipped
with this background also involve themselves in local work, and
Mr. Nash has worked with the D.C. Bar Pro Bono Program, Advice
and Referral Clinic, which is absolutely necessary and
important work that our attorneys in private practice and
public practice do to help people who cannot afford attorneys.
And, I have to say how grateful I am to him for his work
for Trees for Capitol Hill.
I think you will find that this candidate more than meets
the Committee's expectations, and I thank you for considering
him.
Senator Akaka. Thank you very much, Delegate Norton, and we
appreciate your introduction. I know you have a busy schedule
too and wish you well.
Ms. Norton. Thank you.
Senator Akaka. And now I would like to return to Ms.
Griffin.
Mr. Nash, welcome, and we will get back to you.
Ms. Griffin has filed responses to a biographical and
financial questionnaire, answered pre-hearing questions
submitted by the Committee, and had her financial statements
reviewed by the Office of Government Ethics. Without objection,
this information will be made a part of the hearing record with
the exception of the financial data, which is on file and
available for public inspection at the Committee offices.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath. So I ask
that you please raise your right hand.
Do you solemnly swear that the testimony that you are about
to give this Committee is the truth, the whole truth, and
nothing but the truth, so help you, God?
Ms. Griffin. I do.
Senator Akaka. Thank you very much. Let it be noted in the
record that the witness answered in the affirmative.
Ms. Griffin, will you please proceed with your statement?
TESTIMONY OF THE HON. CHRISTINE M. GRIFFIN\1\ TO BE DEPUTY
DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT
Ms. Griffin. Good morning, Mr. Chairman. Please allow me to
begin by thanking you, Ranking Member Voinovich, and the
Members of the Committee for holding this hearing.
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\1\ The prepared statement of Ms. Griffin appears in the Appendix
on page 30.
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Thanks also to Senator Kerry for his kind introduction and
taking the time to come here.
I would also like to express my gratitude to Senator
Kennedy, who could not be here today, but who has supported and
encouraged me for many years and continues to do so. There is
not a person with a disability in this country who has not
benefited by legislation that Senator Kennedy has helped pass.
One other person I want to thank for support is former
Congressman Tony Coehlo. No one is more passionate about
employment of people with disabilities than Tony Coehlo, and he
emailed me this morning and said that he is here in spirit.
And I would also like to thank my husband, Philip, who you
acknowledged. And you are right, Senator Voinovich. He, as my
champion and supporter, will endure a lot as he has in the past
for me to be able to pursue my interest in public service, and
I did warn him about the long hours.
When I was a child, the importance of serving the public
was stressed at home and reinforced at school. My father worked
for the Federal Government for 39 years before retiring. He
began his Federal career right here as a clerk in Washington,
DC, during the Depression. He moved to Washington, DC, for an
entry-level Federal job because, during that time, jobs in
Boston were very scarce. He eventually transferred to another
Federal position in Boston so he could marry my mother.
Unfortunately, neither of them could be here today, yet I
know it is because of them that I am here.
I began my career, as you mentioned, serving our country as
a Private in the U.S. Army in 1974. There were seven children
in my family, and while we were not, I would say, poor, money
for college was not readily available. The G.I. Bill was my
ticket to a college education.
After leaving the Army, I entered Massachusetts Maritime
Academy with the five other women who made up only the second
class of women to ever go there.
After college, I returned to public service as a GS-7
mechanical engineer for the Food and Drug Administration. I
spent 7 years with the FDA, testing medical devices and
inspecting medical device manufacturers. It was this job and
the investigations that I worked on that gave me the desire to
go to law school.
While a student at Boston College Law School, as you heard,
an alma mater that Senator Kerry and I share, I learned about
the areas of law that would prepare me for the next 16 years of
public service. After a Skadden Fellowship at the Disability
Law Center, I worked as an attorney advisor for the EEOC Vice
Chair, Paul Igasaki, before returning to the Disability Law
Center as the Executive Director, a position I held for 10
years.
Since January 2006, I have served as a Commissioner and,
more recently, the Acting Vice Chair of the EEOC.
During the past 3\1/2\ years, I have truly come to
understand how important our Federal workforce is to the
security, health, and well-being of the Nation. I also know
that OPM's mission is to ensure that the Federal Government has
an effective civilian workforce. OPM must ensure that the men
and women who are responsible for the security, health, and
well-being of our Nation are the best our Nation has to offer
and that they reflect all of our Nation's citizens, including
those of us with disabilities.
In a message addressed to the employees of the Federal
Government soon after taking office, President Kennedy stated,
``Government service must be attractive enough to lure our most
talented people. It must be challenging enough to call forth
our greatest efforts. It must be interesting enough to retain
their services. It must be satisfying enough to inspire single-
minded loyalty and dedication. It must be important enough to
each individual to call forth reserves of energy and
enthusiasm.''
Those words ring as true today as they did 48 years ago.
I believe it is OPM's highest calling to strive to make
working in the Federal Government the most attractive
employment opportunity available in the country--in other
words, to make the Federal Government an employer of choice
when competing for the best and the brightest talent available.
To do that, we must simplify and shorten the Federal hiring
process so that it encourages rather than discourages
applicants. I know Director Berry has already begun working
with Federal agencies to address hiring issues, and if
confirmed, I look forward to assisting him in these efforts.
Certainly, the work of the Federal Government has never
been more challenging. One of OPM's greatest challenges is to
increase the diversity of our workforce at all levels. As
Deputy Director, I would work tirelessly with Director Berry
and the staff at OPM to enhance the diversity of our Federal
employees--not just diversity in traditional terms of race,
gender, national origin, sexual orientation, and disability,
but also with respect to our many cultures, our generational
divide, and our multifaceted talent pool.
If we wish to open the door to a diverse, talented
workforce, we also need to work tirelessly to give Federal
workers opportunities for training and development. We must
provide continuing training and leadership development as well
as advancement opportunities so that our employees stay
interested in their work and we continue to retain a well-
trained and dedicated workforce.
Whether you are a file clerk or a project manager, a GS-3
or someone in the Senior Executive Service (SES), every
employee must believe in the usefulness of the work he performs
and be dedicated to facing the challenges and changes that lie
ahead.
All employees must be treated fairly and respectfully, from
the maintenance worker who keeps the environment around the
computers in our air traffic control towers clean, to the
technician who keeps those computers up and running, to the air
traffic controller who uses that same computer to safely guide
our planes home. Each of these employees must be committed to
the work he performs, for even the smallest failure could lead
to disaster.
I am willing and eager to serve our country alongside
Director Berry, the staff at OPM, and the men and women who
make up our Federal workforce. As someone who started her
Federal career at the entry level, I have a deep appreciation
for the work of our Civil Service and the opportunities it
provides.
I want all of you to know that I will take my
responsibilities as Deputy Director very seriously. I look
forward to working with you to make our Federal Government the
model employer that Theodore Roosevelt talked about in 1885 and
that the American people deserve today.
Thank you for your time, and I look forward to your
questions.
Senator Akaka. Thank you very much for your statement. I
will begin with the standard questions this Committee asks of
all nominees and require your answer.
First, 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?
Ms. Griffin. No, Senator.
Senator Akaka. Second, 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?
Ms. Griffin. No, Senator.
Senator Akaka. Third, 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?
Ms. Griffin. Yes, Senator.
Senator Akaka. Thank you. Thank you very much.
The Federal Government currently is facing a number of
significant human capital challenges, several of which I have
highlighted in my opening statement. With so many challenges,
what will be your top priorities if you are confirmed as Deputy
Director of OPM?
Ms. Griffin. I mention them in my statement. I think the
hiring process is a big priority. I do think that we have to
find a way to, as I said, simplify and shorten the process, and
I know there is some work underway, and I appreciate the
legislation that you filed regarding this as well. I think we
really need to start looking at the front end of how people
actually come into the Federal Government.
The other thing I mentioned is diversity at all levels, but
I am very cognizant of the legislation regarding diversity in
the SES ranks of the Federal Government, and I support that and
think that is important for us to undertake.
I think there are a number of things that are underway at
OPM that I am looking forward to learning about, but those are
two of the issues that I am interested in looking at, as well
as veterans' preference issues.
I think over the last few years, I have come to realize
that some agencies probably do not use the veterans' preference
appropriately, and there seems to be some misunderstanding
about it. I think we can do a lot to provide more guidance to
the agencies about veterans' preference and how it can be used
more effectively. I think it is important that our veterans
returning from Iraq and Afghanistan and, frankly, being
discharged from any military installation in this country have
the opportunity to work in the Federal Government and that they
have the preference that this legislation was created to give
them. So that is something else I would be very interested in
working on.
Senator Akaka. Thank you.
During your time at the Equal Employment Opportunity
Commission, you have focused on increasing diversity in the
Federal Government. In June, I introduced a bill, S. 1180, to
improve diversity in the Senior Executive Service. That measure
required the creation within OPM of the Senior Executive
Service Resource Office (SESRO), which was dissolved in 2003.
The SESRO would be responsible for building a Senior Executive
Service that reflects this Nation's diversity through strategic
partnerships, more stringent reporting requirements, and
mentorship programs.
What recommendations would you make for improving diversity
in the SES?
Ms. Griffin. Frankly, I followed that bill since it was
introduced the first time, and I agree with what you are trying
to accomplish, that we need to have more of a diverse senior
staff. I think a lot of times that is how you foster more
diversity throughout the whole Federal Government.
And I agree with you. I think that we should have an office
dedicated at OPM to make sure that happens.
Senator Akaka. I am a strong supporter of increasing
supervisor training in a workforce. As I mentioned in my
statement, I recently introduced the Federal Supervisor
Training Act, S. 674, to provide initial and ongoing mandatory
training to Federal supervisors. OPM would play a vital role in
providing agencies with the resources that they need to meet
these training requirements.
What are your views on the training of Federal supervisors
currently and what they currently receive, and what
improvements do you believe should be made?
Ms. Griffin. I think we need to do a lot more in that area.
I see sometimes that we tend to promote people because they
have been there, they are next in line, and they know the work
that is being done.
And yet, we very rarely try to find out if they will be
good supervisors. Will they be able to actually lead people?
Will they be able to evaluate them appropriately?
Will they be able to understand the hiring process
themselves because now they will have a role in actually doing
that? Do they understand the human resources (HR) process and
are they going to be effective as hiring managers because a lot
of times as supervisors that is what they are becoming as well?
So I would support anything that we could do to increase
the training opportunities--and frankly, mandatory is probably
a good way to go--so that we actually ensure that everyone who
does become a supervisor has to have some level of training to
do that job.
Senator Akaka. As you may know, I introduced a Non-Foreign
Area Retirement Equity Assurance Act, which is S. 507, to
transition employees in Hawaii, Alaska, and the Territories
from a non-foreign cost-of-living allowance (COLA) into
locality pay while protecting employees' take-home pay. Your
pre-hearing responses indicated support for this transition and
a pledge to work with stakeholders, and I want to thank you for
that response.
This is a complicated issue, and I am concerned that
affected Federal employees may misunderstand how this
transition affects them. If confirmed, how will you work to
ensure that OPM appropriately educates Federal employees in
Hawaii, Alaska, and the Territories about the transition from
non-foreign COLA to locality pay?
Ms. Griffin. I would work with Director Berry and other
people at OPM to develop some sort of a training program that
we could deliver to those people because I think you are right.
I think it will be complicated, and people will have to
understand how it will impact them and their pay. I think we
would have to look at everything possible, including if we
should send people to those States and areas to talk to people
about what their rights are and how they actually make those
changes within their pay system.
Senator Akaka. For Federal agencies to be most effective,
it is important that agency management and labor organizations
representing Federal employees work together. In the last
Congress, I introduced a bill that would reestablish labor-
management partnerships in the Federal Government. I believe
these partnerships will make Federal agencies more productive
and will increase employee morale.
I understand that the Obama Administration is considering
establishing labor-management partnerships in the Federal
Government. Based on your experience, what benefits do you
think would come from the reestablishment of labor-management
partnerships in the Federal Government?
Ms. Griffin. I have the benefit of having been at the EEOC
in 1995 and 1996, working for Vice Chair Paul Igasaki, when the
partnerships were being developed then. And I also have the
benefit of now coming back to the EEOC at a time when they no
longer exist. And I can tell you firsthand that there is a huge
difference, and I think it will be important.
I do not know what it will be called or what form it will
take, but there has to be a better partnership between agency
management and our labor unions.
I have seen back when they were formed that there was a
great partnership and a lot of interaction and collaboration
about decisions that were being made that would affect all
Federal employees. And now I see a time when even I, as a
supporter of the Federal union at the EEOC, find that because
there is not that partnership anymore, sometimes something I
would say or do would inadvertently be seen as something that
was against them. So I really do think we have to establish
better trust and have a better partnership.
Senator Akaka. In their Best Places to Work in the Federal
Government rankings for 2009, the Partnership for Public
Service ranked OPM 20th out of 30 large Federal agencies.
Strategic management and effective leadership were two of OPM's
lowest scores.
If confirmed, you will be responsible for addressing human
capital challenges within OPM as well as government-wide. What
steps will you take to identify and respond to such challenges
within OPM?
Ms. Griffin. I think we have to review everything, and I am
sure Director Berry is in the process of doing this, but I
would like to join him in reviewing everything that goes on at
that agency. I think it is important that OPM is the model
agency for all the others and that, if morale is not good, we
reestablish good morale, and we do that by communicating with
all of the employees at OPM. I know that is Director Berry's
style, and he has already begun to do that.
I think just being open with people and being clear and
direct about what you are trying to change and why you are
trying to change it makes change less threatening to people who
have done things a certain way for a long time or think
whatever they are doing is the way it should be done.
I think we have a good opportunity to work with the folks
at OPM and change the morale there, and hopefully that will
spread to the other agencies.
Senator Akaka. Thank you very much for your responses. I
would like to now call on Senator Voinovich for his questions.
Senator Voinovich. I am going to go over some things that
we talked about in my office.
Have you had a chance yet to talk about what your portfolio
is going to be with Director Berry?
Ms. Griffin. No. As I said to you when we met, we have
talked very broadly about issues like the Model Employer
Concept for the whole Federal Government and for the agency,
diversity, veterans issues, and the hiring process.
Senator Voinovich. I am really interested in OPM's internal
management. I am very interested in it because in many
instances the agency heads focus on the operational challenges,
and the day-to-day management falls into the hands of the
deputy.
Ms. Griffin. I think Director Berry is very hands-on
himself, so I cannot imagine that he is just going to go off
and focus on the big picture.
Senator Voinovich. I am real interested in knowing what it
is that you are going to be assigned to do.
Ms. Griffin. You requested that we actually come in and
talk to you. I think we would be happy to do that.
Senator Voinovich. Yes. I would appreciate that.
The other thing I am interested in, as you know, is pay for
performance. The Transportation Security Administration (TSA)
has a system outside of Title V, and the unions have been very
upset about this because they want to unionize TSA.
I understand that there is a study underway at TSA. We also
have the National Security Personnel System in the Department
of Defense, with 200,000 people under a system that rewards
individual performance.
I would like to get your opinion. Where do you stand on
that?
Ms. Griffin. I do not really have an opinion. I do not know
enough about it, and I do know that the study is underway. I
saw that people have been appointed to the task force--I think
it is a task force--and they are going to study the system and
then come back with some recommendations.
I also know that I have read that the unions and Director
Berry said that they are going to work together to come up with
some sort of a plan. So I am hopeful that the study that is
underway will give us some clear direction in this area.
Senator Voinovich. Senator Akaka and I have worked to
provide flexibilities to ensure that the government has the
right people at the right place at the right time. Some
agencies have failed to use the flexibilities that we have
given to them, and we are interested in why they are not using
the flexibilities.
Other agencies have been given specific help, including the
Nuclear Regulatory Commission, the Government Accountability
Office, and the National Aeronautics and Space Administration.
And I do not know whether Senator Akaka is aware of this, but
the three agencies to which we have given special provisions in
addition and outside of Title V are No. 1, 2, and 3 in terms of
employee satisfaction according to the Best Places to Work
rankings.
These flexibilities obviously have helped them recruit the
right people and apparently have helped create a good
environment there. What would your thoughts be about making
these flexibilities available throughout the Federal Government
and just amend Title V, or do you think we should just wait for
agencies to talk to us about their specific problems and then
try to respond?
Ms. Griffin. I actually think we should take a look at all
of it. There are a lot of hiring waivers and flexibilities that
are available that some agencies are using, some are not, and
some are coming to you to ask permission to use something that
may even exist already. And so, I think OPM has to do a better
job of actually developing some training around this and giving
folks at the agencies the opportunity to learn more.
I have become very frustrated with the Schedule A hiring
authority that is available to hire people with severe
disabilities very quickly into the Federal Government. As a
matter of fact, I think that a lot of veterans with
disabilities would benefit by going through the Schedule A
process as well. And yet, I cannot tell you how many agencies
do not use it, do not know about it, or, if they use it, use it
inappropriately and ineffectively, thereby really changing what
it was created to do, which was get someone with a severe
disability quickly into the Federal Government.
So I am interested in looking at all of the flexibilities
and waivers. I do not know all of them right now, but I think
we could do a better job of helping the agencies understand
what they already have the ability to do and helping them do
it.
Senator Voinovich. You are very interested in providing
individuals with disabilities an opportunity to work for the
Federal Government and ensuring veterans' preference is adhered
to. What thoughts are you going to bring to OPM to guarantee
that some of the provisions you just talked about are actually
taken advantage of by the departments?
Ms. Griffin. I think we have to do, again, a better job of
communicating with the other agencies. I think a lot of times
when they learn about these flexibilities and waivers and they
learn that they can actually shorten the hiring process from 6
months to a year down to a matter of weeks or a month, frankly,
they start to realize the advantage of doing that. And I think
once they have a very good employee who happens to have a
disability or happens to be a wounded warrior, they start to
realize this is a very good, efficient system, and using the
waiver becomes more popular.
There are agencies--and I will give you the example of the
National Security Agency (NSA)--that have demonstrated good
leadership in hiring qualified people with disabilities. I do
not even know what NSA does, and we are probably not supposed
to. But NSA is an agency that understood that they needed
special talent at their agency to do whatever they do, and they
also understood that they did not care what package that came
in.
So they have been, for years, seeking people with severe
disabilities to work at the agency, but there are very specific
qualifications that they need to meet. It does not matter to
them if a person is deaf or if a person is a quadriplegic. They
understand that they can accommodate them very easily. What
they are looking for is the brains that are coming in whatever
the package looks like.
And I think we need to be able to demonstrate best
practices like that to the other agencies, who, for whatever
reason--I think it is societal--have a perception that someone
with a disability is inherently less qualified. It is just not
true. We need to change that thinking in the Federal Government
because I think if we do not change it there, we are not going
to change it in the private sector.
Senator Voinovich. I wonder if anybody in the
Administration ever does a performance evaluation of our
secretaries in looking at their record in this area.
When I wanted something done when I was governor or mayor,
I put it as part of somebody's performance evaluation.
Ms. Griffin. What gets measured gets measured, right?
Senator Voinovich. It was very interesting how it made a
difference.
I think that this would be one way that you could get folks
serious about this opportunity that we should be taking
advantage of, that NSA is, but some others are not.
I look forward to working with you, and God bless.
Ms. Griffin. Thank you very much, Senator. I look forward
to working with both of you as well.
Senator Akaka. Thank you very much for those questions,
Senator Voinovich.
Ms. Griffin, the Federal Government currently has a unique
opportunity to recruit more undergraduate students to public
service than at any time in decades. Reports suggest that with
the economy struggling, young people in this country are
attracted to the stability of the Federal Government. Moreover,
I believe that President Obama has re-invigorated interest in
public service.
It is important that the Federal Government do as much as
it can to capitalize on this opportunity to bring a new
generation into the Federal workforce. How do you plan to
recruit young people, in particular, current undergraduate
students, into the Federal workforce?
Ms. Griffin. I think this is another area where there are a
few agencies that do a very good job at this and a lot of
agencies do not. A lot of agencies actually do not go out and
do targeted recruitment for the people who they are looking for
at colleges and universities.
This is, as you said, a very exciting time, and I am happy
to be a part of it because I think we are going to see a real
change in the Federal Government as an employer and how it is
perceived. And for young people to be excited about it is
important, and for us to make it easier for them to apply for
jobs and to get in is important. But getting to them first and
making them realize that it is a good option for them is
important.
I hope at OPM that we can do a lot more in the area of
actually recruiting and that we can help other agencies,
whether we do it for them, whether we do it with them, whether
we do it in some collaborative fashion, and that we really
start looking more closely at how we recruit folks. And, again,
there are some agencies that do a very good job of it by
themselves, and maybe we can look at them for best practices on
how to do it.
I am excited about that aspect. I think it is something
that we probably have not done as much of. I think in times
when resources are tight, we actually say that is not
important, we do not have money for that, when you really have
to look at it and say, no, that is something we do have to pay
attention to. It is not something we cannot spend resources on.
Senator Akaka. I am a strong supporter of employee
mentoring and apprentice programs and believe that these
programs can assist the Federal Government in developing a
skilled and talented workforce. Employee mentoring will take on
an even larger role in the coming years with more young people
joining the Federal workforce and a large number of employees
eligible to retire.
What is your evaluation of the existing mentoring programs
in the Federal Government and what recommendations do you have
for improving them?
Ms. Griffin. I think it is ``catch as catch can'' right
now. I think some agencies do it, but you see very little
demonstration of it government-wide.
I think there are a lot of things that we could do,
especially because we are expecting this big retirement wave.
We need to match people up and start sharing skills that the
older workers have and the younger workers need, and some of
the historical knowledge is always good to have, too, so that
you are not reinventing wheels.
So I would hope that we could figure out a way to institute
it in the senior leadership at various agencies, and I know
that mentoring is something that Director Berry is very
interested in, and I would love to help him come up with a plan
to do it.
Senator Akaka. For the past 3\1/2\ years, you have served
as a Commissioner and Acting Vice Chair of the Equal Employment
Opportunity Commission. Your work at the EEOC has focused on
diversity and a more equitable employment opportunity system in
the private sector and the Federal Government. How do you feel
your experience at the EEOC will assist you in your new role as
Deputy Director of OPM?
Ms. Griffin. I think it is interesting that, as I learned
more and more about what was happening with diversity,
especially with people with disabilities and veterans
government-wide, the more I learned as a Commissioner at the
EEOC, the more I realized that everything that I wanted to
change or have a bigger impact on really happened at OPM and
not at the EEOC. So I cannot tell you how happy I am and
delighted that I may have the opportunity, if confirmed, to
actually do that.
A lot of these things that I have been looking at, such as
increased use of hiring waivers or flexibilities, looking at
the diversity issue in the most senior levels of our
government, as well as everything at the lowest levels, are
important issues that I wanted to work on. And so, all of those
things that I have learned as a Commissioner, when looking at
all of the data that we collect from the various agencies and
interacting with the equal employment opportunity directors and
other folks at the Federal agencies, a lot of the fixes that
will help the Federal Government become a better employer
really can only be done at OPM.
Senator Akaka. This is my final question before I ask
Senator Voinovich for his final questions as well.
Coming from the EEOC, I am sure that you will be spending a
significant portion of time studying to get up to speed on many
aspects of Federal personnel policy and the workings of OPM. As
you approach these new topics, what will be your guiding
principles in making policy decisions?
Ms. Griffin. I think as I go through that process, I would
spend a lot of time listening to the career folks who have been
involved in various aspects of the work at OPM, but my guiding
principle would always be what is best for the Federal employee
because I think that is what OPM should be focusing on.
How do we make this the best working environment for the
Federal employee? As we look at policy and changes that we make
to the personnel system, the health benefits, retirement, you
name it, what is really best for them?
What is going to give us the best motivated employees and
the most talented employees and from the most diverse
population so that we actually have a government that reflects
the society that we are serving? That would be my guiding
principle.
Senator Akaka. Thank you very much.
Ms. Griffin. Thank you.
Senator Akaka. Senator Voinovich.
Senator Voinovich. The last one, and I forgot to ask this
question, is you know I have sponsored legislation to require
agencies to develop rigorous performance management systems so
people know where they stand.
And a provision of that says that if there is an
unacceptable performance appraisal, then that individual does
not get an automatic pay increase. The latter provision would
impact less than 3 percent of the 1.8 million employees that we
have, who, quite frankly, could lower morale for the
overwhelming majority of the other people who are in the
departments.
I have received bitter complaints from people who have left
the Federal Government. They just said: Forget it. I have
worked my butt off. Why do it?
I am encouraged by the President's focus on improving
government performance, and I asked you to look at this
legislation. I would like to know what your opinion of it is.
Ms. Griffin. I think it goes back to the supervisor
training. I think when you put someone in a position where they
are supervising someone, they should know how to do it and how
to supervise someone and know what the parameters are for doing
that. So, if someone is not doing their job, there has to be a
way to deal with that.
We see a lot of times that it is easier to just give
someone an acceptable performance appraisal because otherwise
it is a little more paperwork and the person may file a
complaint. But we are not doing anyone any favors by allowing
those people to not do their job.
And you are right. If you have a whole group of people not
working, it does destroy the morale of everybody else.
Whether it is the General Schedule (GS) system that we have
or something else in the future, there always should be a
mechanism for rewarding the performers and dealing with the
people who do not perform, and I think it currently exists in
the GS system, although it probably is not used appropriately.
I really do think it goes back to picking people who are
good managers to be supervisors.
Senator Voinovich. That is interesting because I think that
I am going to ask my staff to look at that, and the reason why
I am acknowledging that is that I recall when I became Mayor of
the City of Cleveland, people complained that they had people
working for them who were not performing and there was nothing
they could do about it.
Ms. Griffin. Yes.
Senator Voinovich. I asked them to go back and look at the
procedure. After they reviewed it, and we had some training, it
was interesting that they were able through the system that
existed to get at the folks who were kind of thumbing their
nose at the system. And we were able to be a lot more
successful.
Ms. Griffin. Yes, I agree with you.
Senator Voinovich. I think that is interesting to look at,
just what is available now and find out whether or not what is
out there is actually being used. And then if it is not being
used, then why not?
Ms. Griffin. Right. I agree with you. I think systems
always have a way for you to deal with someone who is not doing
their job and is not performing.
And there is sometimes this perception problem, as you
said. Someone will say, well, we cannot get rid of them. Of
course, you can. That does not even make sense to think that
you could have someone who does not do his job and you just
have to tolerate that and let him not do his job. There is
always a way to deal with it, and it may be a process that you
have to follow, but you follow that process.
At the end of the day, if you are doing it right and you
can document that this person was not doing his job, there has
to be a way to deal with that, whether it is through
progressive discipline, all the way to termination. But there
is a way.
Senator Voinovich. I would also like to mention that we are
just talking about one aspect of this, but for the record, I
want everyone to understand that I think that overall the
people who work for the Federal Government are doing an
outstanding job.
Ms. Griffin. I agree.
Senator Voinovich. Thank you.
Ms. Griffin. Yes, it is always a very small percentage, to
be honest with you, and I think people are afraid of people
filing complaints. But when we look at the numbers, people who
file complaints are also about 1 percent of the whole Federal
workforce.
Senator Voinovich. Thank you.
Ms. Griffin. Thank you.
Senator Akaka. Thank you very much, Senator Voinovich.
You can see why we have been able to do as much as we have
done, and there is so much more to do. Senator Voinovich's
experience is a great asset to this Committee, and I really
love it when I hear him say, when I was a mayor, or when I was
a governor, bringing those personal experiences back and posing
the problems that he had then. It helps to answer some of our
problems here, but we have so much more left to do.
But we are making progress, and we are really looking
forward to working with you.
I do not have any further questions, but there may be
others on the Committee who have questions. The hearing record
will remain open until the close of business Friday for Members
of this Committee to submit additional statements or questions.
Again, I want to thank you so much for being here. It is
good to have met your family and your friends and your
supporters. It is my hope that the Committee will vote in the
near future and that your nomination will be considered soon by
the full Senate.
With that, this hearing is adjourned.
Ms. Griffin. Thank you very much. Thank you both.
Senator Akaka. We will reconvene immediately for Mr. Nash.
[Recess.]
Senator Akaka. Thank you very much for being here.
This hearing will come to order. I want to welcome you all
to the second part of today's proceedings as the Committee on
Homeland Security and Governmental Affairs considers the
nomination of Stuart Nash to be an Associate Judge of the
District of Columbia Superior Court.
I want to extend a special welcome to Mr. Nash and to his
lovely family and friends. Mr. Nash is the most recent nominee
in a series of well-qualified candidates for D.C. judgeships
referred to this Committee. I am pleased to hold this hearing
today and am confident that, if confirmed, Mr. Nash will join
others who have appeared before us in making valuable
contributions to the D.C. court system.
Mr. Nash has a strong legal background and currently is an
Associate Deputy Attorney General and Director of the Organized
Crime and Drug Enforcement Task Forces. Before heading the
Department of Justice (DOJ) task forces, he spent many years
practicing criminal law as an Assistant U.S. Attorney for the
District of Columbia, spending one of those years as a detailee
to the Senate Judiciary Committee.
I believe Mr. Nash has much to offer the D.C. Superior
Court and hope we can quickly act to confirm him.
I now turn to my good friend, Senator Voinovich, for his
opening statement.
Senator Voinovich. Mr. Chairman, I have no opening
statement.
Senator Akaka. Thank you, Senator Voinovich.
The nominee has filed responses to a biographical and
financial questionnaire submitted by the Committee. Without
objection, this information will be made a part of the record
with the exception of the financial data, which will be kept on
file and made available for public inspection in the Committee
offices.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath. Therefore,
at this time, I ask you to please stand and raise your right
hand to take the oath.
Do you solemnly swear that the testimony you are about to
give this Committee is the truth, the whole truth, and nothing
but the truth, so help you, God?
Mr. Nash. I do.
Senator Akaka. Thank you. Let the record note that the
witness responded in the affirmative.
Mr. Nash, I understand you have friends here today with
you. We have met your lovely family as well. I would like to
give you an opportunity to introduce your family and friends
before we proceed with your statement.
Mr. Nash. Thank you very much, Senator Akaka.
I have with me my wife, Mary; my eldest son, William; my
middle son, Christopher; and my youngest daughter, Loretta. My
father, Gordon, is seated right behind them. And I have a
number of colleagues from different portions of my professional
career who are here in support. I will not take the time to
introduce them all individually, but thank you for the
opportunity.
Senator Akaka. Thank you. It is wonderful to see your loved
ones here supporting you, and I am sure they are proud of all
you have accomplished. It was interesting to hear about your
background prior to this hearing.
Mr. Nash, will you please proceed with your statement?
TESTIMONY OF STUART G. NASH\1\ TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Nash. Thank you very much, Mr. Chairman and Senator
Voinovich. I am honored to appear before you today to have you
consider my qualifications for a position as an Associate Judge
on the D.C. Superior Court.
---------------------------------------------------------------------------
\1\ The prepared statement of Mr. Nash appears in the Appendix on
page 86.
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I have introduced my family who are here with me today, and
there are a number of people who I do need to thank. But first
and foremost, I would like to express my appreciation to my
family who have nourished me for so many years, both
emotionally and intellectually, and have made such substantial
sacrifices to allow me to pursue a career in public service.
As I had mentioned, there are a number of people here in
the gallery who have been important role models and colleagues
at different stages of my professional career, and while I will
not take the time to acknowledge them individually, I would
like to express my appreciation to them for being here today
and also for sharing their wisdom, their integrity, and their
good counsel with me on so many different occasions in the
past.
I would like to thank the members of the D.C. Judicial
Nomination Commission for recommending me to the White House
and President Barack Obama for nominating me.
Finally, I would like to thank this Committee for acting on
my nomination in such a thorough and timely fashion. Throughout
the vetting process, the staff of this Committee has treated me
with the utmost professionalism and courtesy, for which I would
like to express my appreciation.
I feel extraordinarily blessed to be under consideration
for a position as a judge in this city that I love so well.
I was born in New York City and raised in northern New
Jersey where I attended the public schools. I received by
bachelor's degree from Duke University and my law degree from
Harvard Law School. I gained great respect for the judicial
vocation while clerking for two exceptional jurists, Chief
Judge Sam Ervin of the U.S. Court of Appeals for the Fourth
Circuit and Judge T.S. Ellis of the Federal District Court in
the Eastern District of Virginia.
I worked as a defense attorney for 3 years at the law firm
of Williams and Connolly here in the District of Columbia and
then for over 8 years as an Assistant U.S. Attorney here in
D.C. In both capacities, I had extensive contact with the D.C.
Superior Court, and I came to appreciate the great capacity
that exists for dedicated judges on that court to improve the
lives of our fellow citizens by presiding over cases fairly,
impartially, and with respect for the dignity of the litigants.
For the last 4 years, I have served in the Office of the
Deputy Attorney General for the United States as an Associate
Deputy Attorney General directing a nationwide task force that
targets the most powerful international drug cartels.
As rewarding as it has been to tackle issues with national
and international repercussions, I have never lost my love for
the place where I first learned the practice of law--D.C.
Superior Court. More often than not, our fellow citizens'
interactions with D.C. Superior Court come at a time of crisis
in their lives. At that particular moment, there is nothing
more important to them than the outcome of their cases. In
light of that, there is an opportunity for a dedicated public
servant to affect people's lives for the better in a way that
is without parallel anywhere else in government. It is truly
where the ``rubber meets the road.''
I am honored to be considered for this position, and I look
forward to answering any questions the Committee might have
about my qualifications. Thank you.
Senator Akaka. Thank you. I will begin with the standard
questions this Committee asks all nominees and would like 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?
Mr. Nash. No, there is not.
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?
Mr. Nash. No.
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?
Mr. Nash. I do.
Senator Akaka. Thank you very much for those responses.
Before I begin with my questions, I would like to say for
the record that the comments of Delegate Eleanor Holmes Norton
in support of Mr. Nash appear earlier in the hearing record.\1\
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\1\ The testimony of Hon. Eleanor Holmes Norton introducing Stuart
Nash appears on page 6.
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Senator Akaka. Mr. Nash, you spent many years in private
practice and public service, including the last 5 years as an
Associate Deputy Attorney General at the Department of Justice.
Why did you seek this nomination and what contributions do you
hope to make if confirmed?
Mr. Nash. Senator, as I pointed out in my opening remarks,
I do feel that the D.C. Superior Court provides a very tangible
way to give back to the community, that the rights that are
adjudicated in that court are of the utmost importance to the
citizens of this city, and at that particular instant there is
nothing more important to the people of the city than the case
that they are embroiled with. Because of that, I think there
really is an opportunity to affect people's lives for the
better.
I am in an environment right now where I deal with national
and international issues, and as a result, my efforts are
diffused across a very wide swath of the public. I really
looked forward to going back to a situation where my efforts
are focused and tangible and I can improve people's lives more
on a one-by-one basis.
Senator Akaka. As with many courts, D.C. Superior Court
judges must manage heavy caseloads. It sometimes can be
difficult to strike the balance between moving one's docket and
judiciously reviewing the merits of a case. Please discuss how
you plan to find that balance as an Associate Judge.
Mr. Nash. Senator Akaka, I practiced in the D.C. Superior
Court, and I am aware of the pressures. I think I thrived in
that environment, the first brush I had with it, as a
practicing lawyer both on the defense side and as a prosecutor.
It does require working long hours, working hard, and putting
in a maximum effort because you are absolutely right, the
caseload in the D.C. Superior Court is a crushing caseload and
the judges work very hard. So I am going in with my eyes open,
knowing that this is not a job for the faint-hearted.
I do think that it is important to move cases quickly. It
is a cliche that justice delayed is justice denied, but it is
no less true for the fact that it is a cliche. And so, I think
there is a premium on moving cases quickly and doing it in a
way that is both economical in terms of time but also fair and
thorough, and that is the balance that I hope to strike.
Senator Akaka. Thank you. Mr. Nash, your practice in the
private and public sectors focused heavily on criminal law. You
spent many years prosecuting criminals who violated Federal
law, and currently you lead the DOJ Organized Crime and Drug
Enforcement Task Forces.
How will you handle the challenges of overseeing civil
cases as a judge and what steps will you take to familiarize
yourself with civil law and procedure?
Mr. Nash. Before I joined the U.S. Attorney's Office, I did
have a substantial opportunity to practice civil law in private
practice. And currently, in addition to leading the Organized
Crime and Drug Enforcement Task Forces, in my capacity as an
Associate Deputy Attorney General, I also have stewardship over
a range of issues related to money-laundering and asset
forfeiture, and the asset forfeiture in particular has a
substantial civil component. So my current job has caused me to
reeducate myself regarding civil law as well as criminal law.
So I do feel like I have a relatively strong background in
civil law, but there is no question that the bulk of my
experience over the last decade has been criminal law. I
actually look forward to an opportunity to experience the
variety of dockets in Superior Court and to have both criminal
responsibilities and civil responsibilities. I know the D.C.
Superior Court has first-rate training opportunities, and I
certainly will take full advantage of that and go in there with
every expectation of learning the area of law to which I am
assigned.
Senator Akaka. Mr. Nash, as you know from your experience
as an Assistant U.S. Attorney, courtrooms can sometimes be
emotionally charged places, especially when people feel they
have been wronged either by government or by any person. What
steps will you take to maintain a courtroom environment in
which all parties feel their views are considered?
Mr. Nash. I do think that is one of the most important
aspects of the judicial demeanor, and what I hope to bring to
the bench is the understanding that this is a competitive
process. There generally are winners and losers in the
litigation process, and you cannot paper over the fact that
some people leave the courtroom as winners but other people
leave as losers.
I think with the judges that I have seen and most respected
in my practice all of the litigants, both the winners and
losers, leave with the impression that their case was fairly
heard, that their arguments were listened to, that the judge
took the time to reflect on their arguments and treated them
with dignity, and that is the way I expect to model myself when
I take the bench. I absolutely want every litigant who appears
before me to fully recognize that I have listened to their
arguments and done so in an open-minded fashion and without any
preconceived notion as to who the winner in the litigation
should be.
Senator Akaka. Thank you. I have a final question that I
will hold until after Senator Voinovich is through with his
questions. Senator Voinovich.
Senator Voinovich. Obviously, you are qualified for the
job, Mr. Nash. You have practiced law for a long time. What
were the characteristics of the judges that you have had to
deal with that you would like to emulate and that you would not
want to emulate? I have seen people who have almost changed
personalities once they got on the bench.
Mr. Nash. I think that is right, Senator. We have all seen
our colleagues. Sometimes it is the person that you least
expect who will don the robes and suddenly take on a very
dictatorial demeanor from the bench.
Frankly, the trait that I find most effective and most
appealing in a judge is humility. Whether the judge wants to
admit it or not, it is always the case that the two litigants
who are appearing before him or her know more about the case
than the judge does at the start of the case. Judges,
oftentimes I have seen, will get themselves in trouble by
projecting that they know the most of anyone in the room, that
they are the smartest person in the room and know more about
the facts than the litigants do.
And so, the humility to sit on the bench and learn from the
litigants in a true fashion, learn about the facts of the case
and make sure that you have a full fact set before rendering
your decision, I think, is the trait that we all like to see
from judges. I think the personality trait that makes that most
likely to occur is humility, and I do think that I bring that
to the bench.
Senator Voinovich. Senator Akaka, that is all I am going to
ask.
Senator Akaka. Well, thank you very much, Senator
Voinovich.
Mr. Nash, as a judge, it will be important to work
effectively with different personalities and people who will
not always agree with your decisions or with each other. I was
glad to hear you say something about humility. How would you
describe your temperament and style of resolving conflicts?
Mr. Nash. I do think that one of my great formative
experiences in life was the time that I was trying cases in
Superior Court. We touched already on the fact that it is a
pressure-packed environment, often a chaotic environment. There
were instances when I felt like my work was done for the day, I
was on my way back to the office, and someone would hand me a
file and say, go try this case right now in that courtroom. And
so, I did very early in my legal career learn to roll with the
punches, think on my feet, and respond to unexpected
developments in a productive fashion.
I think having had that experience has been invaluable, and
it has become part of who I am as a lawyer. I do think that I
am able to maintain a calm demeanor, an unflappable demeanor in
the face of pressure, in the face of unexpected developments. I
think, again, that this is a trait that I would cite as one
that is beneficial for a judge to have, and I think that I will
be a fair, impartial, and calm judge no matter what is thrown
at me.
Senator Akaka. Thank you very much for those closing
remarks. I want to thank you and thank all of those who are
here to support you.
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.
And I want to thank you very much, Mr. Nash, for being here
and for all of your responses. I am pleased to be able to hold
a hearing for such well-qualified nominees as you and Ms.
Griffin, and it is my hope that the Committee will soon vote
and that your nominations will be considered by the full Senate
very shortly.
Again, I want to thank Mary, your wife, and also William,
Chris, and Loretta, and of course, Gordon, your dad, for being
here, as well as others who are here too. Thank you all for
coming to support Mr. Nash.
This hearing is adjourned.
[Whereupon, at 11:50 a.m., the Committee was adjourned.]
A P P E N D I X
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