Date: January 12, 2006
Senator: Schumer
Topic:
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Senator Schumer?
SCHUMER: Thank you, Mr. Chairman. I just have a brief question because we've heard a lot about the ABA rating, which is something that's prized and important.
Your sheet here that describes it says it describes three qualities: integrity, professional competence, judicial temperament. Is that right?
TOBER: That's correct.
SCHUMER: So it would not get into what somebody's judicial philosophy would be. Is that correct?
TOBER: That's also correct.
SCHUMER: And so, if somebody were very far right or very far left, as long as they had integrity, professional competence or judicial temperament, you would give them -- that's what you would rate them on.
TOBER: Senator, we don't do politics.
What we do is integrity, professional competence and judicial temperament. They are objective standards. And that's what we bring to this committee.
SCHUMER: And if one standard was -- however one defined it, if somebody was out of the mainstream, again, your rating would not give us any inclination whether that was part of it?
TOBER: If the suggestion was that they were out of the mainstream politically, that's correct.
If they're out of the mainstream in terms of their judicial temperament, we might have a different thought.
SCHUMER: Thank you.
SPECTER: Thank you very much, Mr. Tober.
Ms. Tucker, Mr. Payton, we very much appreciate your service and your being here today.
TOBER: Thank you.
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