October 8, 1999
HNBA and MALDEF:
By Julie Amparano
Latinos seeking federal judgeships are being unduly scrutinized, resulting in a confirmation process that often is three times longer than that of non-minorities, according to the Hispanic National Bar Association and the Mexican American Legal Defense and Education Fund.
The two national Latino advocacy groups are demanding that Latino judicial nominees submitted to the Senate be treated fairly and be confirmed immediately to give the nation's courts greater Hispanic representation.
Currently, there are less than 40 Latino federal judges out of a total of 843 permanent seats on the federal bench. In the meanwhile, there are about 49 Latino nominees waiting to be confirmed. One has been waiting more than three years.
"Without sufficient Latino representation at all levels, equal justice will not exist," said Antonia Hernandez, MALDEF president and general counsel.
Alexander Sanchez, executive director of the Hispanic National Bar Association, believes the backlog of Latino nominees has been caused by "passive discrimination" against Latino nominees and a confirmation process that gives non-minorities preferential treatment and allows favoritism.
HNBA and MALDEF call attention to the cases of W. Allen Pepper and Brian Theodore Stewart. Pepper was nominated as a district court judge in Mississippi on March 8 and confirmed on June 30. He was Majority Senate Leader Trent Lott's college roommate.
Pepper was nominated for Utah district court judge on July 27, voted out of committee on July 29, and was expected to be confirmed soon. Stewart is a political friend and ally of Senate Judiciary Chairman Orrin Hatch, according to MALDEF and HNBA.
All the while, Sanchez said, Judge Richard A. Paez, who currently sits as a federal district judge in California, has been awaiting confirmation to the 9th Circuit since Jan. 25, 1996.
On average, Sanchez said the confirmation process takes 24 months for Latino nominations, compared to 8 months for non-minorities.
"The federal courts and the Supreme Court, particular, don't reflect the population of America," said Sanchez. "And that is a very dangerous thing."
Latinos awaiting federal judgeship appointments
Helen White, 6th Circuit; Ronald Gould, 9th Circuit, Barry Goode, 9th Circuit, Marsha Berzon, 9th Circuit: Richard Paez, 9th Circuit; Timothy Dyk, Federal Circuit; Virginia Phillips, CD-CA; Lynette Norton, WD-PA; Lagrome Davis, ED-PA; Ronnie White, ED-MO; Barbara Durham, 9th Circuit; David Hurd, ND-NY; Naomi Buchwald, SD-NY; M. James Lorenz, SD-CA; Raymond Fisher, 9th Circuit, Adalberto Jose Jordan, SD-FL; J. Rich Leonard, ED-NC; Marsha Pechman, WD-WA; Carlos Murguia, D-KS; Barbara M. Lynn, ND-TX; Ellen Sgal Huvelle, D-DC; James Klein, D-DC; Anna, Brown, D-OR; Faith Hochbert, D-NJ; H. Alston Johnston, 5th Circuit; Kermit Bye, 8th Circuit; Frank McCarthy, ND-OK;
Victor Marrero, SD-NY; William Joseph Haynes, MD-TN; Victor Marrero, SD-NY; William Joseph Haynes, MD-TN; Dolly M. Gee, CD-CA; Fredric Woocher, CD-CA; Patricia Coan, D-CO; Charles Wilson, 11th Circuit; Mary-anne Trump Barry, 3rd Circuit; James E. Duffy, 9th Circuit; Elena Kagan, D.C. Cir, Charles A. Pannell, Jr., ND-GA; Florence-Marie Cooper, CD-CA; James J. Brady, MD-LA;
Patrese B. Tucker, ED-PA, Gail S. Tusan, ND-OH; Steven Bell, ND-OH; Ronald, Guzman, ND-IL; David Law-son, ED-MI; Marrianne O. Battani, ED-MI; Ann Claire Williams, 7th Circuit; James A. Wynn Jr., 4th Circuit; George B. Daniels, SD-NY.
(Amparano can be reached at Jaamparano@aol.com.)
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