By Peter Urban
Stephens Washington Bureau
WASHINGTON — The U.S. Senate overwhelmingly confirmed Susan Hickey’s nomination to the federal bench in Arkansas today, over the objections of some Republicans who questioned her experience.
President Barack Obama nominated Hickey in April to fill the seat of retired Judge Harry Barnes in the Western District of Arkansas. She has served as a circuit judge in the 13th Judicial District in El Dorado since Arkansas Gov. Mike Beebe appointed her in September 2010.
The Senate voted 83 to 8 in favor of her confirmation today.
Arkansas Sens. Mark Pryor, a Democrat, and John Boozman, a Republican, strongly endorsed her nomination on the Senate floor today, saying they are confident she will serve admirably.
“Every lawyer I’ve talked to that knows Susan Hickey thinks she will do an outstanding job,” Pryor said, noting that hundreds of messages of support have come into his office on her behalf.
Boozman described Hickey as a dedicated public servant who possesses a strong work ethic, a commitment to fairness, an impartial demeanor and a stellar reputation among Arkansas lawyers.
“I am confident that her experience and judicial temperament make her the right person to serve Arkansas as a district judge,” Boozman said.
Republicans, who opposed confirming Hickey, raised concerns that she lacked substantial litigation experience.
“This is not the place for on-the-job training,” said Iowa Sen. Charles Grassley, the ranking Republican on the Senate Judiciary Committee.
Grassley said Hickey had no experience as a litigator and as a state judge had only presided over two criminal bench trials. He also questioned whether her year on the state bench, seven years as a senior law clerk to Barnes and four years as a staff attorney for Murphy Oil met the American Bar Association’s minimum recommendation for a candidate to a federal bench.
“All together, I don’t think we can get to the 12 years — the minimum the ABA says she should have,” Grassley said.
Joining Grassley in opposing Hickey’s confirmation were Sens. Richard Burr, R-N.C., Jim DeMint, R-S.C., Mike Lee, R-Utah, John McCain, R-Ariz., Rand Paul, R-Ky, Jon Kyl, R-Ariz., and Richard Shelby, R-Ala.
Judiciary Committee Chairman Patrick Leahy, D-Vt., said the questions raised about Hickey are selective and unfair. He noted that the ABA Standing Committee on the Federal Judiciary unanimously rated Hickey as being qualified to serve on the federal bench.
“Because she spent significant time as a law clerk and took a hiatus from law practice while on family leave, some have questioned if she is qualified to serve on the federal bench. In my view, and the view of the home state senators — one Democrat and one Republican — these concerns are misplaced,” Leahy said.
Pryor and Boozman also spoke in Hickey’s favor at a June confirmation hearing. The Judiciary Committee voted in July to forward her nomination to the Senate floor. Three Republicans opposed forwarding her nomination: Kyl, Lee and Sen. Orrin Hatch, R-Utah. Hatch supported her confirmation today.
At the committee meeting, Grassley said the support shown by the two Arkansas senators was “a significant factor” in his decision not to block Hickey’s nomination at the committee level despite his concerns about her qualifications.
Hickey acknowledged at her confirmation hearing that she had not been a trial attorney but offered that her experience as a clerk and as a circuit judge has provided her ample experience in what it takes to run a courtroom.
Hickey has presided over 313 cases as a circuit judge since her appointment last year, according to Pryor. Before that, she was a clerk for Barnes and helped to handle 1,690 matters before the federal court.
“The bottom line is she is just a good person. People like her and respect her and they trust her,” Pryor said. “She reflects the values and the attitude of that part of the state. She’s hardworking. She’s going to be fair, and really we couldn’t ask a whole lot more.”
Hickey, who lives in El Dorado, received her undergraduate and law degrees from the University of Arkansas.
