Floor Statement of Senator Chuck Grassley

Ranking Member, Senate Judiciary Committee

On the Nomination of

Stephanie Marie Rose, to be United States District Judge for the Southern District of Iowa

Monday, September 10, 2012

Mr. President,

I rise in support of the nomination Stephanie Marie Rose, to be United States District Judge for the Southern District of Iowa.   In addition, she has the support of Senator Harkin, and is well regarded throughout my home state of Iowa.  She was reported out of the Judiciary Committee by a voice vote.  She was previously confirmed by the Senate for her current position, United States Attorney for the Northern District of Iowa

Ms. Rose is a Hawkeye through and through, receiving two degrees from the University of Iowa - her B.A in 1994 and her J.D. in 1996.  Obviously, Ms. Rose was on the fast track through law school.

After graduation from law school, Ms. Rose wisely chose to remain in Iowa, and Iowa was fortunate for that decision.  She first served as a law clerk in the United States Attorney's Office for the Northern District of Iowa.  In 1997, she was hired as a full-time attorney in that same office, where she has risen through the ranks and now heads the office.

She served as a Special Assistant United States Attorney from 1997 to 1999 and as an Assistant United States Attorney from 1999 to 2009.  During this time, she was lead counsel in the prosecution of more than 250 cases.  These cases spanned a wide range of legal issues from violent crimes and drug offense to immigration violations and money laundering.  Additionally, she has handled approximately 45 federal civil cases.  These cases have included post-conviction relief and asset forfeiture matters, as well as Freedom of Information Act and property return lawsuits.

In 2009, Ms. Rose was nominated by the President, and then confirmed by the Senate, to serve as the United States Attorney for the Northern District of Iowa.  In this role, she oversees most every aspect of the office.  This includes overseeing the civil and criminal work completed by office staff and making final determinations regarding charging decisions, plea offers, and civil settlements.

The American Bar Association's Standing Committee on the Federal Judiciary unanimously rated Ms. Rose as "Well Qualified" for this position.

In addition, she is supported by the legal community and judges throughout the state.  Newspaper articles published in the Cedar Rapids Gazette newspaper on February 2 and February 20, 2012 captured some of that support.   I ask unanimous consent to insert these articles into the Congressional Record.

Assistant U.S. Attorney C.J. Williams described her ability to quickly comprehend complex issues.   Former Assistant U.S. Attorney Bob Teig, who retired last year after 31 years, said that Rose will make an "excellent" federal judge. "She has experience in the courtroom and as an administrator," Teig said. "She has a broad view of the federal legal system and she's very intelligent. Stephanie will make a great addition to the federal bench."

U.S. District Judge Mark Bennett said "she is very skilled.  She doesn't have a personal agenda. She goes by the law."    U.S. District Judge John Jarvey of the Southern District said her prosecution record is impressive, noting "Stephanie has won the respect of prosecutors and defense lawyers."

Ms. Rose is also a member of the Iowa Academy of Trial Lawyers.  Membership in the Academy is limited to 250 attorneys whose primary focus is on trial advocacy. Membership in this distinguished group is by invitation only, with unanimous approval of the Board of Governors.  Ms. Rose is one of 15 women in the academy.    Mr. Leon Spies, the gentleman who nominated Ms. Rose, said he nominated her because she exhibited exactly what the organization strives for ? the "highest quality of trial advocacy and ethical responsibilities to clients and the law."

If confirmed, and I 'm sure she will be confirmed, Ms. Rose will be the first woman to serve as a federal judge in the Southern District and only the second woman to serve on the federal bench in Iowa's history.

I congratulate Ms. Rose and wish her well as she assumes her duties as a United States District Judge.

With her confirmation today, the Senate will have confirmed 156 of President Obama's nominees to the District and Circuit Courts. The fact is, we have confirmed over 80 percent of President Obama's District nominees.

During the last presidential election year, 2008, the Senate confirmed a total of 28 judges - 24 district and 4 circuit.   This presidential election year we have exceeded those numbers.  We have confirmed 5 circuit nominees, and Judge Rose will be the 29th district judge confirmed.  That is a total of 34 judges this year versus 28 in the last presidential election year.

Yet, even as we make consistent progress on filling judicial vacancies, there are still voices out there claiming otherwise.  For example, early last month the Des Moines Register ran an editorial titled "Judges remain hostages in the Senate."  They stated in that editorial, in reference to the nomination of Ms. Rose, "she will be lucky to come up for confirmation when the Senate reconvenes."  Of course the vote had already been scheduled at that point, but they overlooked that fact.

The Register and other critics who erroneously blame vacancy rates in the federal judiciary on Republican obstructionism overlook other facts as well.  You've heard me say on the Senate floor that the Senate can only confirm judges that have been sent up here from the White House.  So if the White House hasn't sent nominations up here, we obviously can't confirm them.

So in regard to that, I'd like to point out something from the New York Times. I think a lot of times the New York Times would not do much to give us a basis for our position that we've done a pretty good job of confirming judges and why aren't judicial nominations up here in the Senate.  But an article dated August 17, 2012 sheds some light on the subject.  In that article, "Obama Lags on Judicial Picks, Limiting His Mark on Courts" the Times pointed out how President Obama made judicial nominations a lower political priority.  The article discusses how two Supreme Court nominations, personnel upheavals, and the President's emphasis on diversity also slowed the nominations process for lower court judges.  In fact, even as we continue to confirm judges, the President continues to lag in nominations - including nominations to so-called "judicial emergencies". Today only 32 of the 78 current vacancies have a nominee.  Stated differently, nearly 60 percent of the current vacancies are without a nominee.  That has been the pattern for most of this administration.

So once, again, I wanted to set the record straight, and I hope I have set it straight.  Republicans have been more than fair to this President and his judicial nominees, especially considering the fact that we have so many vacancies that haven't had a nominee submitted to the Senate for our consideration.

Again, I congratulate Ms. Rose and yield the floor.

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Iowa Supreme Court to Hear Oral Arguments in Ottumwa

Des Moines, September 10, 2012? On Wednesday, September 19, the Iowa Supreme Court will hear oral arguments in Ottumwa, Iowa. The proceeding will take place in St. John Auditorium at Indian Hills Community College, 525 Grandview Avenue. The session will begin at 7 p.m.

The court will hear lawyers argue in two cases:

Postell v. American Family Mutual Insurance Co.

Case context: On appeal from an action to recover benefits under a homeowner's insurance policy, plaintiff challenges the district court's ruling that her insurance policy did not provide coverage for losses incurred as a result of a fire that her husband had intentionally set to their home. Plaintiff argues: (1) she is a "separate insured" and as an innocent coinsured is entitled to the statutorily required minimum coverage, (2) when the insurance policy is read as a whole each insured is a separate insured and the intentional acts of one malfeasant insured do not bind the other insureds, and (3) because her husband was suicidal, his delusional conduct in burning down their home was not done with an "intent to cause a loss" as that term is used in the insurance policy's intentional loss exclusion clause.

The lawyer for Postell is: Joseph C. Creen, Davenport. The lawyer for American Family Mutual Insurance Co. is Ted J. Wallace, Davenport.

State of Iowa v. Kern

Case context: Defendant appeals her convictions on marijuana-related charges on the grounds that law enforcement conducted an unlawful search of her home without a warrant. Defendant, a parolee at the time, argues the warrantless search violated her constitutional rights despite her signature on a parole agreement giving advance consent to a search of her home.    Defendant contends the trial court improperly considered the evidence obtained during the search.

The lawyer for the State of Iowa is: Kevin Cmelik, Assistant Attorney General. The lawyer for Kern is: Christopher R. Kemp, Des Moines.

The Iowa Court Rules regarding expanded media coverage on the Iowa Legislature website at http://www.legis.state.ia.us/DOCS/ACO/CR/LINC/08-15-2012.chapter.25.pdf.

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(DES MOINES) - Governor Terry Branstad and Lt. Governor Kim Reynolds today announced a new public-private partnership initiative titled "Volunteer Iowa: A Call to Service."

The goal of the "Call to Service" initiative is to make Iowa the national leader in service and volunteerism by 2015 by focusing on volunteer expansion in Iowa's most pressing areas throughout the state while focusing on the administration's goals of becoming the healthiest state in the nation, having the best schools and growing Iowa's economy.

"Volunteerism is an integral part to the state's future and well-being," said Branstad. "Our objective for the 'Call to Service' is to increase the number of Iowans who are volunteering as well as the number of hours that they serve.  Iowa currently ranks second in the nation in volunteerism, and just as we want to become the healthiest state in the nation and have the best schools, I know Iowa can lead the nation in volunteerism as well."

The "Call to Service" initiative is driven by the private sector, but publically endorsed while working  with non-profits and other organizations to increase the volunteer supply, demand and retention, mobilize communities and generate targeted tactics to expand volunteerism in Iowa. This multi-year blueprint seeks to eliminate barriers preventing meaningful volunteer engagement and strengthen the behavioral norm of service in Iowa.

"It is our hope that Iowans will embrace the 'Call to Service' initiative and do what Iowans do best, which is giving back to their local communities," said Reynolds. "We want to mobilize and connect Iowans with meaningful volunteer opportunities in their communities and challenge the private sector to support and help strengthen Iowa's volunteer infrastructure."

As a first step, Iowans are encouraged to take part in a local service project during the week of Sept. 10, 2012, as part of the launch of "Volunteer Iowa: A Call to Service." A complete list of service projects can be found at www.volunteeriowa.org.

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