I look forward to having someone more knowledgeable in those areas who can teach me some of those techniques.

Senator DEWINE. Judge Quarles?

Judge QUARLES. In our settlement practice in the Circuit Court for Baltimore City, we try to view every opportunity where we got the parties together as an opportunity to resolve the case. We have scheduling conferences fairly early on in civil litigation. This is where the cases are assigned to track, depending on the complexity of the case, the number of witnesses, how much discovery is anticipated.

We also have attorney mediators who serve as volunteers who come in and agree to take two or three settlement conferences per month. We also then have a final pretrial conference, and it is understood that at the pretrial conference, not only will the attorneys be present, but they will have their clients or their client's representatives, and there will be someone on each side who has settlement authority.

Our civil cases in our court are no different from anywhere else. We expect to resolve 85 to 90 percent of the civil cases as, indeed, we do 85 to 90 percent of the criminal cases by settlements, pleas, negotiations. So there has to be a lot of opportunities along the scheduling track to get parties to talk to each other, and you have to view each of those opportunities as a possibility for settlement. So maybe, again, as a discovery discussion, but the discovery discussion or discovery conference can, of course, turn to, if guided, can turn to the subject of settlement.

Senator DEWINE. Judge Frost?

Judge FROST. I'm proud of our settlement programs in Licking County and on the State bench, in general. We do settle about approximately the same, 80 to 85 percent, or we expect to settle those many cases in the civil arena.

Basically, we have three ways in which settlement is worked in Licking County. We have private attorneys who volunteer their time, and I am grateful, they do a great job, and we are very happy with that program. The attorneys sometimes wish to hire a private mediator, and that works out rather well, but only in specialized cases where the funding is there for private mediation.

And then, finally, sometimes the attorneys and the parties ask the judge himself to get involved, and on rare occasions I do that. I have taken training myself in mediation, and I think that I have some background in that, and we have been somewhat successful.

Senator DEWINE. Judge Frost, how would you describe yourself, as far as allowing lawyers to try their own case?

Judge FROST. That's a good question.

Senator DEWINE. You know, the common complaint.

Judge FROST. It is, and that's a good question, Senator.

I think you can ask any of the attorneys in my county, and who practice before me from other counties-actually, I think this Committee has asked most of them that.

[Laughter.]

Judge FROST. You have got to allow the attorneys to do their job. They have a job in the courtroom, just like the judge has a job in the courtroom, just like the court reporter has a job. You have to

allow them to do their job, too. The system works best when everyone is allowed to perform their functions and function well.

So, as far as I'm concerned, the courtroom is not my courtroom, the case is not my case. It's up to the attorneys to present their case, and I allow them to do so.

Senator DEWINE. Judge Quarles, where do you come down on that?

Judge QUARLES. I agree with Judge Frost.

First of all, as you know from my background materials, I was an active litigator, an active trial attorney.

Senator DEWINE. You have seen it from that side.

Judge QUARLES. And I've seen it from that side, and, for some reason, the wisdom echoes in my mind, "Judge, if you're going to try my case, please don't lose it for me."

[Laughter.]

Judge QUARLES. No attorney wants the judge to be overly involved in trying the case, and I'm not that far removed from being an active trial lawyer as to change that.

We have a wonderful privilege as judges. We get to see the entire range of the legal community. We see very good lawyers; we see very bad lawyers. Each of them has something to teach the judge, as a judge, and I enjoy the vantage point of getting up there and an opportunity to watch the process. I enjoy watching the process. I feel no need to get in and try the cases any more.

Senator DEWINE. Judge Erickson?

Judge ERICKSON. Mr. Chairman, I agree with everything that Judge Quarles just said in the sense that when I used to try cases I was not always overly pleased when the judge interjected himself too forcefully into my case.

One of the things that a judge needs to remember is that, in fact, you are the least-informed person in the courtroom. You know less about the facts than anybody else there, other than the jury, and if decide to interpose yourself into the case, you can rest assured that you will probably make a mess of it.

So I have learned, through experience, that it is best to stay inside the role that I have, and that is to be the judge.

Senator DEWINE. You are all in charge, though.

Judge ERICKSON. Yes.

Senator DEWINE. I do not think any of you are shrinking violets who will not be in charge.

Judge Erickson, why do you want to be on the Federal bench? Judge ERICKSON. You know, I love being a trial judge. I get up every morning, and I think this is the best job in America, and I have an active caseload that's both criminal and civil. I can't think of anything else that I'd rather do, except be a Federal trial judge. Why? I have a firm belief that the Federal Courts provide a judge an opportunity to do this job in the best possible world, a place where you have complex cases, with adequate staff and adequate time to make the decisions the right way, to have available to you the resources that are necessary to decide those cases in an appropriate fashion, and I find it all very exciting.

And the most important thing is I think the opportunity to do this job right.

Senator DEWINE. I hope you are not disappointed on the time.

[Laughter.]

Senator DEWINE. I just pray that you have the time.
Judge Quarles?

Judge QUARLES. Judge Erickson puts it so well. There are moments when I sort of figuratively step out of myself and look and think what a wonderful privilege this is to be a judge. And like him, I also anticipate having the joy of doing the job with resources that our local court system just can't spare.

As I mentioned, we 1,000 criminal cases a week scheduled for trial. My average day when I am sitting in a felony assignment is somewhere between 15 and 20 cases scheduled for trial. I am sitting in a misdemeanor assignment now. My average day is 20 to 30 cases scheduled for trial.

I effectively have lost the morning. I spend the morning trying to get pleas and trying to get other cases resolved. So I am reduced essentially to trying a half day of cases each week, the afternoon, and I am trying hard to save the afternoon.

There is a luxury in Federal court with criminal matters and civil matters in that the cases come one at a time. They come prepared for trial and I have the understanding that I will, in fact, be going to trial.

The facilities-and I don't mean to disparage the court that I serve on. I love the court that I serve on, the people I associate with, and I-as Judge Erickson says, you know, I can't wait to get to work every morning to do the job. But it will be nice having the greater resources of the Federal system and a little more time to spend on each of the elements of the case.

Senator DEWINE. Judge Frost?

Judge FROST. I was a municipal court judge for 7 years and I found that to be a great job, an exhilarating job. I then left there and went on to the common pleas bench and I have been there for 12 years now and I have found that to be a great job.

I have been blessed to have a job that I enjoy and really enjoyed the people that I work with. But there are times when it is time to move on and this opportunity came about, and I think I would agree with Judge Quarles is one of the main things is to have the resources to study the law well and hard, and to make the decisions in a proper manner.

Too many times now, I think we are all rushed to get to the judgment and then get to the next case. And so I think this will allow us more time for reflection, which I think is important. I want the job because I just think it is going to be a great opportunity for me to give something back.

Senator DEWINE. Well, Judge Quarles, Judge Frost, Judge Erickson, thank you very much. This Committee has been very impressed by all three of you. I have been very impressed by all three of you. I think you are the type of people that should be on the Federal bench. You want to be on the Federal bench. All three of you have a very good track record. We know what you have done in the past. It is a very good predictor of what you will do in the future.

I cannot speak for the chairman, but I think that the Committee will move fairly quickly-by Senate standards, at least, fairly

quickly on your nominations and you will certainly be hearing from the committee.

So we appreciate your time. We appreciate you coming to Washington, and thank you very much.

Judge QUARLES. Thank you, Senator.

Senator DEWINE. There is a possibility that written questions will be submitted to you in the next few days and we would just urge you, if that does occur-it may not, but if that does occur, that you get those questions back to us immediately, get the answers back to us immediately because, of course, that will speed up the nomination process.

So we thank you and you are free to go or free to stay, whichever you would like to do, but you are finished for the day. Thank you very much.

The Committee will recess subject to the call of the Chair as far as our circuit court nominee. This could occur at any time, so I would remind everyone that the nomination of our circuit court judge the Committee could come back into session at any moment.

Thank you very much.

Judge FROST. Thank you, Senator, and thank you, staff.

[The biographical information of Judges Erickson, Quarles and Frost follow.]

1.

QUESTIONNAIRE FOR NOMINEES BEFORE THE COMMITTEE ON THE JUDICIARY, UNITED STATES SENATE

2.

3.

No former names or aliases.

Position: State the position for which you have been nominated.

ANSWER:

United States District Judge for the District of North Dakota

Address: List current office address and telephone number. If state of residence differs from your place of employment, please list the state where you currently reside.

5.

ANSWER: DOB: 04/28/1959

Thief River Falls, MN 56501

Marital Status: (include maiden name of wife, or husband's name). List spouse's occupation, employer's name and business address(es). Please also indicate the number of dependent children.