By Peter Urban
Stephens Washington Bureau
WASHINGTON — With some reservations, the Senate Judiciary Committee today approved the nomination of Circuit Judge Susan Hickey to serve on the federal bench in western Arkansas.
The panel voted 15-3 in favor of sending Hickey’s nomination to the full Senate after Iowa Sen. Charles Grassley, the ranking Republican on the panel, said he would not block her progress despite concerns over her qualifications for such a lifetime appointment. Grassley had similar concerns over a nominee from New York.
“Being appointed a federal district judge should be the capstone of an illustrious career. Federal judges should have significant courtroom and trial experience as a litigator or judge,” Grassley said. “This is not the place for on-the-job training.”
In April, President Obama nominated Hickey to fill the seat of retired Judge Harry Barnes in the Western District of Arkansas. Arkansas Sens. Mark Pryor, a Democrat, and John Boozman, a Republican, spoke in favor of her confirmation at a hearing in June.
Grassley said the support from the two Arkansas senators was “a significant factor” in his decision not to block Hickey’s nomination at the committee level. But Grassley indicated that he might have more to say when the Senate considers her confirmation.
“I will vote to report them out, with the understanding that there will be a second opportunity to fully examine their records,’ he said.
Before the Judiciary Committee vote, Grassley expressed his concern that Hickey lacks the substantial courtroom and trial experience that the American Bar Association recommends for such judicial appointments.
Hickey has “no litigation experience” as an attorney and has presided over just two criminal bench trials in her limited time as a state court judge, he said.
Hickey has served as a circuit judge for the 13th Judicial District in El Dorado since Gov. Mike Beebe appointed her in September 2010. Before that she was a law clerk for Barnes.
Senate Judiciary Committee Chairman Patrick Leahy said that Hickey had received a positive rating from the ABA and had presided over 172 cases.
Leahy, a Vermont Democrat, also noted that the Senate had confirmed many nominees offered by former President George W. Bush that appeared less qualified than Hickey.
“There seems to be a different standard,” Leahy said.
Grassley was also troubled by what he perceived as a lack of humility in Hickey. When asked during her confirmation hearing about her limited experience, Hickey “surprised” Grassley by offering that she did not believe she lacked any skills needed to serve on the bench.
“An important attribute of the judiciary is an understanding of one’s limitations and a sense of humility. Clearly that was not reflected in her response,” Grassley said.
Three Republicans on the committee voted against Hickey — Sen. Jon Kyl of Arizona and Orrin Hatch and Mike Lee of Utah.
