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Thursday, August 01, 2002

By Ann McFeatters, Post-Gazette Washington Bureau

WASHINGTON -- The controversial appointment of U.S. District Court Judge D. Brooks Smith of Altoona to the 3rd Circuit U.S. Court of Appeals yesterday was confirmed by the Senate.

Also, the nominations of two Western Pennsylvanians to vacancies on the federal bench in Pittsburgh were sent to the floor by the Senate Judiciary Committee. Votes will come later on the nominations of Arthur Schwab, an attorney with the Downtown firm Buchanan Ingersoll, and Terry McVerry, the Allegheny County solicitor.

President Bush, who nominated Smith, 50, to the appellate court last September, had to defend him against criticism that he belonged for 11 years to a club that discriminates against women, that he failed to recuse himself early enough in a case in which he may have had a conflict of interest and that he took more junkets paid for by ideologically conservative foundations than other federal judges.

Yesterday, Smith issued a statement saying he was "enormously gratified" by his confirmation.

"The Senate's action brings to conclusion a long and sometimes difficult process. My confirmation would not have been possible without the support and friendship of literally scores of people." Foremost, he said, he thanked Sen. Arlen Specter, R-Pa., for championing him. He also thanked Sen. Rick Santorum, R-Pa., and "the lawyers of Western Pennsylvania, who are so numerous that I cannot thank them individually."

"No man could ask for greater friends than these," the statement said.

The Senate Judiciary Committee approved Smith's nomination after a contentious hearing on a 12-to-7 vote on May 23, with three Democrats breaking party ranks to vote for him. Yesterday, no Republicans voted against Smith; 15 Democrats voted for him, bringing the total vote to 64 to 35.

Smith has served as a District Court judge for 14 years and mobilized considerable support for his nomination from Pittsburgh-area lawyers. A number of women lawyers traveled to Washington to lobby for him after he became the target of a number of organizations that advocate for women, civil rights and the environment.

After yesterday's Senate vote, Kim Gandy, president of the National Organization for Women, said Smith was "unfit to serve" on the appeals court because he is "ethically challenged." She added, "We're terribly disappointed that not a single Republican broke ranks from the leadership to stand up for women's rights."

Both Specter and Santorum said they are convinced Smith will be a good member of the appeals court and that he will be a "mainstream" judge and is not, as some critics have said, "far right."

Specter said that Smith has an "outstanding" record as judge, insisted Smith violated no ethical codes and that he was under no obligation to resign from the Spruce Creek club and that "everybody in Western Pennsylvania" supports him.

Santorum has said repeatedly that Smith is a man of integrity and charged that Smith's confirmation was delayed for months for partisan reasons, partly as a payback to Republicans who blocked many of former President Clinton's nominations.

Of 179 federal appeals court slots, there are now 26 vacancies. The Senate has approved 13 Bush nominations in the last year. There are 61 vacancies for federal district courts; the Senate has approved 51 judges nominated by Bush in the past year.