General Questions Flashcards
How would you describe your judicial philosophy?
Above all else, judges should have an unwavering commitment to equal justice under the law. That’s really the north store for any judicial philosophy I might have. I think this is best achieved when judges take a methodical approach to a case. To me that method, especially for trial judges, includes:
- knowing the record inside and out,
- addressing only the narrow issues before the court,
- rigorous analysis of the law and the parties’ briefs,
- diligently researching case law on the issues,
- conferring with my colleagues on the bench and clerks, and
- explaining the court’s reasoning in a written order as clearly and understandable as possible.
That’s the philosophy or approach I would apply to cases as a District Judge, if confirmed.
What does “originalism” mean and what role would it play in your decisions?
Broadly speaking, “originalism” is a judicial concept that holds that the Constitution or a statute is to be understood as it was at the time it was ratified.
Originalism has been recognized by the Supreme Court, and the Court has described the instances in which it applies. As the Court recently held in New York State Rifle & Pistol Association, Inc. v. Bruen, analyzing the 2nd Amendment is one area in which the Supreme Court has found that originalism applies. In those areas that the Circuit or the Supreme Court has held that originalism applies, I would be bound to apply originalism as a District Judge, if confirmed.
Why does diversity on the bench matter? How would your lived experiences help you as a judge.
Diversity on the bench serves at least two really important purposes. First, it enhances confidence in the judicial system and the appearance of fairness to all who come into a court room. Second, it affirms the American dream that anyone who works hard can achieve their dreams, even becoming a federal judge. That’s a powerful message that I think a diverse bench sends.
As for my background, it’s varied. I’ve been a commercial litigator defending corporations, I’ve been a government trial attorney defending and enforcing laws on behalf of the country, and I’ve represented everyday people in employment and tort-based cases. I think these diverse experiences will help me guard against prejudgment of an issue or litigants, to be open-minded, and to ensure equal justice for all under the law.
What steps would you take to become familiar with new issues of law?
My experience as an attorney is varied. I’ve been a commercial litigator defending corporations, I’ve been a government trial attorney defending and enforcing laws on behalf of the country, and I’ve represented everyday people in employment and tort based cases. Along the way, I have confronted new areas of law numerous times. Through research and hard work, I was always able to get up to speed.
As a judge, I expect diligent research and hard work to carry the day, but I would also rely upon the briefing and argument of the parties, my colleagues on the bench, my law clerks, and judicial education opportunities, like the ones offered at the Federal Judicial Center.
What’s the difference between a legal advocate and the role of a judge?
- They are both essential to the administration of justice, but they are very different.
- The job of an advocate is to generate the best possible arguments for our clients, it’s a partisan role and is one marked by zealous representation. You have a goal and you’re trying to affect an outcome.
- I’ve relished the role of being an advocate, but if confirmed as a District Judge, I would set aside the kind of partisanship and loyalty attorneys must have for their clients.
- My loyalty at that point is to be a neutral arbiter, ensuring equal justice of the law. To serve free of bias, prejudgment, and to go where the facts and law take me.
- I think my background has me well suited to make this transition, in that my background is varied. I think it means that I will be able to see the parties for who they are, seeing disputes from all sides. In this way, my background will help me guard against prejudgment.
Will positions you’ve taken as a lawyer affect your judgment as a judge?
My personal views have not played a role in the arguments I’ve made on behalf of my clients. At every stop along my career, whether it was as a commercial litigator defending corporations, a government trial attorney defending and enforcing laws on behalf of this country, or representing everyday people in employment and tort-based cases, I have advanced the position of my clients regardless of my personal feelings. If I were fortunate enough to be confirmed, my personal feelings would play no part in my rulings.
Should the number of federal judges be increased to meet the backlog of cases?
Historically speaking, the Western District of Washington where I hope to serve has had a stellar bench. I know that with a full compliment of judicial officers, we could tackle any challenge. Beyond that, however, I have not undertaken any quantitive analysis of the number of pending cases or time to final adjudication. I would rely on the chief judge of the District to address that matter, assuming a problem existed.
What is the role of the jury? Why are juries important?
The right to a trial by a jury of one’s peers is one of the hallmarks of our judicial system and a guaranteed constitutional right (6th & 7th Amendment). The jury trial is important because it plays a role in our checks and balances systems by promoting a strong judiciary and preventing abuses of power that could come from resting judgement in the power of a single person.
Besides voting, it provides the most direct way for ordinary citizens to participate in the governing process. They also help citizens learn about the courts.
I’ve had the good fortune of trying cases to juries and it’s truly something to see 12 random people sit in view of the evidence and to serve as the voice of the community to peacefully resolve a dispute, or in more serious matters, whether someone’s freedom will be taken. The jury trial is an awesome institution.
Who are your judicial heroes? Who would you emulate?
I look up to the trailblazing legacy of Justice Thurgood Marshall. As someone with a disability, I also look up to U.S. District Judge Myron Thompson (AL) and Ninth Circuit Judge Ron Gould for their sharp legal minds and fighting stereotypes about people with disabilities.
I’d be remiss if I didn’t mention U.S. District Judge Richard Jones who has been a mentor of my since laws school and who’s seat I hope to fill in the Western District of Washington. He taught me about professionalism and hard work, and I’m forever grateful.
What qualities should a judge have?
It starts with an unwavering commitment to equal justice under the law. As for other qualities, I would say:
- confidence balanced out by open-mindedness and humility;
- Intellectual curiosity and aptitude;
- Humility and patience;
- And a “common touch” or ability to relate to people.
Tell me about your family background?
My mother is a longtime public educator and my dad has worked in sales. They’re both the first to graduate from college in their families and they instilled in their four boys the importance of hard work, perservearance, and education. The fact that I am before you today is a testament to my upbringing.
I’d also be remiss if I didn’t mention my grandmother who passed at the beginning of the pandemic. She was rich in spirit and always put family first. I wish she could be here today.
What’s the importance of pro bono work? Tell me about your pro bono efforts?
Lawyers do vital work for their communities in handling cases touching on all aspects of life. There’s no denying that legal services are accessible to everyone, so pro bono work plays an important role in secure justice for all. I’ve had the good fortune of helping to start a neighborhood legal clinic and providing direct legal services. I’m a better lawyer and person for the experience.
Why is public service important to you?
It’s noble work and necessary work. My mother worked in public education for the bulk of her professional career, so I’ve seen up close the impact that public service can have on the community. No matter what job you do, when you are in public service, you’re serving the American people.
What is restorative justice?
I have not studied the concept of “restorative justice,” but I understand that it seeks to examine the harmful impact of a crime and then determines what can be done to repair that harm while holding the person who caused it accountable for his or her actions.
My approach to sentencing will be guided by federal law, including 18 USC 3553 and the factors to be considered in imposing a sentence.
What is standing?
“The fundamental aspect of standing is that it focuses on the party seeking to get his complaint before a federal court. The “gist of the question of standing” is whether the party seeking relief has shown:
- an injury in fact,
- fairly traceable to the conduct alleged, and
- redressable by relief the court can order in a favorable decision.
Procedural harm is not enough.
