Kagan's Supreme Court Questionnaire: Here's what senators want to know

Leahy, Sessions Release Kagan Questionnaire

May 13, 2010

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Jeff Sessions (R-Ala.) Thursday released the bipartisan questionnaire the Senate Judiciary Committee has asked Solicitor General Elena Kagan to complete in connection with her nomination to be an Associate Justice of the Supreme Court of the United States.

Responses to the Committee questionnaire will be made available online once received. Print copies will be made available upon request.

A PDF of the questionnaire is available online.

UNITED STATES SENATE

COMMITTEE ON THE JUDICIARY

QUESTIONNAIRE FOR NOMINEE FOR THE SUPREME COURT

PUBLIC

1. Name: State full name (include any former names used).

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

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

4. Birthplace: State date and place of birth.

5. Education: List in reverse chronological order each college, law school, or any other institution of higher education attended and indicate for each the dates of attendance, whether a degree was received, and the date each degree was received.

6. Employment Record: List in reverse chronological order all governmental agencies, business or professional corporations, companies, firms, or other enterprises, partnerships, institutions, or organizations, non-profit or otherwise, with which you have been affiliated as an officer, director, partner, proprietor, or employee since graduation from college, whether or not you received payment for your services. Include the name and address of the employer and job title or description.

7. Military Service and Draft Status: Identify any service in the U.S. Military, including dates of service, branch of service, rank or rate, serial number (if different from social security number), and type of discharge received, and whether you have registered for selective service.

8. Honors and Awards: List any scholarships, fellowships, honorary degrees, academic or professional honors, honorary society memberships, military awards, and any other special recognition for outstanding service or achievement.

9. Bar Associations: List all bar associations or legal or judicial-related committees, selection panels, or conferences of which you are or have been a member, and give the titles and dates of any offices which you have held in such groups.

10. Bar and Court Admission:

List the date(s) you took the examination, the date you passed, and the date you were admitted to the bar of any state for all states where you sat for a bar examination. List any state in which you applied for reciprocal admission without taking the bar examination and the date of such admission or refusal of such admission. List and explain the reason for any lapses in membership.

List all courts in which you have been admitted to practice, including dates of admission and any lapses in membership. Explain the reason for any lapse in membership. Give the same information for administrative bodies that require special admission to practice.

1.

11. Memberships:

1. List all professional, business, fraternal, scholarly, civic, charitable, or other organizations, other than those listed in response to Questions 9 or 10 to which you belong, or to which you have belonged, or in which you have participated, since graduation from law school. “Participation” means consistent or repeated involvement in a given organization, membership, or regular attendance at events or meetings. Provide dates of membership or participation, and indicate any office you held. Include clubs, working groups, advisory or editorial boards, panels, committees, conferences, or publications. Describe briefly the nature and objectives of each such organization, the nature of your participation in each such organization, and identify an officer or other person from whom more detailed information may be obtained.

2. The American Bar Association’s Commentary to its Code of Judicial Conduct states that it is inappropriate for a judge to hold membership in any organization that invidiously discriminates on the basis of race, sex, religion, or national origin. Indicate whether any of these organizations listed in response to 11a above currently discriminates or formerly discriminated on the basis of race, sex, religion, or national origin either through formal membership requirements or the practical implementation of membership policies. If so, describe any action you have taken to change these policies and practices.

12. Published Writings and Public Statements:

1. List the titles, publishers, and dates of books, articles, reports, letters to the editor, editorial pieces, or other published material you have written or edited, including material published only on the Internet. Supply four (4) copies of all published material to the Committee.

2. Supply four (4) copies of any reports, memoranda, policy statements, minutes, agendas or other materials you prepared or contributed to the preparation of on behalf of any bar association, committee, conference, or organization of which you were or are a member or in which you have participated as defined in 11a. Include reports, memoranda, or policy statements of any advisory board on which you served or working group of any bar association, committee, or conference which produced a report, memorandum, or policy statement, even where you did not contribute to it. If you do not have a copy of a report, memorandum, or policy statement, give the name and address of the organization that issued it, the date of the document, and a summary of its subject matter.

3. Supply four (4) copies of any testimony, official statements, or other communications including those issued in your capacity as Dean of Harvard Law School relating, in whole or in part, to matters of public policy or legal interpretation, that you have issued or provided or that others presented on your behalf to public bodies or public officials.

4. Supply four (4) copies, transcripts, or recordings of all speeches or talks delivered by you, including commencement speeches, remarks, lectures, panel discussions, conferences, political speeches, symposia, panels, continuing legal education events, and question-and-answer sessions. Include the date and place where they were delivered and readily available press reports about the speech or talk. For each event you attended after being confirmed as Solicitor General, provide the sponsors, and whether any funding was provided to you by the sponsors or other organizations.

5. If you do not have a copy of the speech or a transcript or recording of your remarks, give the name and address of the group before whom the speech was given, the date of the speech, and a summary of its subject matter. If you did not speak from a prepared text, furnish a copy of any outline or notes from which you spoke.

6. List all interviews you have given to newspapers, magazines, or other publications, or radio or television stations, providing the dates of these interviews and four (4) copies of the clips or transcripts of these interviews where they are available to you.

7. If, in connection with any public office you have held (see 15b), there were any reports, memoranda, or policy statements prepared or produced with your participation, supply four (4) copies of these materials. Also provide four (4) copies of any resolutions, motions, legislation, nominations, or other matters on which you voted as an elected official, the corresponding votes and minutes, as well as any speeches or statements you made with regard to policy decisions or positions taken. “Participation” includes, but is not limited to, membership in any subcommittee, working group, or other such group, which produced a report, memorandum, or policy statement, even where you did not contribute to it. If any of these materials are not available to you, please give the name of the document, the date of the document, a summary of its subject matter, and where it can be found.

8. Supply four (4) copies of all community-wide letters, emails, or other communications that you sent to the Harvard Law School or the Harvard undergraduate community, including to the student body or faculty in your capacity as Dean of the Harvard Law School, including those related to Harvard’s antidiscrimination policy and/or its implementation.

9. Supply four (4) copies of all letters, pamphlets, website content, articles, or other materials you prepared or supervised in the preparation of, which were distributed to the Harvard Law School community (as defined in 12h) describing the reforms you made in your capacity as Dean of Harvard Law School to the curriculum, community atmosphere, or instructional process.

13. Recusal: Identify and describe the process that you have followed as Solicitor General in determining whether to recuse yourself from particular matters. Provide a list of any cases, motions, or matters in which you have recused yourself and a list of cases, motions, or matters in which you identified a potential conflict of interest but did not recuse yourself. Identify each such case and, for each, provide the following information:

a. a brief description of the asserted conflict of interest or other ground for recusal;

b. your reason for recusing or declining to recuse yourself, including any action taken to remove the real, apparent, or asserted conflict of interest or to cure any other ground for recusal.

c. Explain the procedure you will follow in determining whether to recuse yourself from matters coming before the Court, if confirmed.

14. Public Office, Political Activities, and Affiliations:

1. List chronologically any public offices you have held, other than judicial offices, including the terms of service and whether such positions were elected or appointed. If appointed, please include the name of the individual who appointed you. Also, state chronologically any unsuccessful candidacies you have had for elective office or unsuccessful nominations for appointed office.

2. List all memberships and offices held in, and services rendered, whether compensated or not, to any political party or election committee. If you have ever held a position or played a role in a political campaign, identify the particulars of the campaign, including the candidate, dates of the campaign, your title, and responsibilities.

3. List all political events for which you were on the host committee, including the date, location, which candidate or organization it benefitted, and how much was raised at the event.

15. Legal Career: Answer each part separately.

a. Describe chronologically your law practice and legal experience after graduation from law school including:

i. whether you served as clerk to a judge, and if so, the name of the judge, the court, and the dates of the period you were a clerk;

ii. whether you practiced alone, and if so, the addresses and dates;

iii. the dates, names, and addresses of law firms or offices, companies, or governmental agencies with which you have been affiliated, and the nature of your affiliation with each;

iv. whether you served as a mediator or arbitrator in alternative dispute resolution proceedings and, if so, a description of the 10 most significant matters with which you were involved in that capacity.

b. Describe:

i. the general character of your law practice and indicate by date when its character has changed over the years;

ii. your typical clients and the areas at each period of your legal career, if any, in which you have specialized.

c. Describe the percentage of your practice that has been in litigation and whether you appeared in court frequently, occasionally, or not at all. If the frequency of your appearances in court varied, describe such variance, providing dates.

i. Indicate the percentage of your practice in:

1. federal courts;

2. state courts of record;

3. other courts;

4. administrative agencies.

ii. Indicate the percentage of your practice in:

1. civil proceedings;

2. criminal proceedings.

d. List, by case name, all cases in courts of record, including cases before administrative law judges, you tried to verdict, judgment, or final decision (rather than settled), indicating whether you were sole counsel, chief counsel, or associate counsel. For each such case, include the docket number and provide any opinions or filings available to you.

i. What percentage of these trials were:

jury;

non-jury.

e. Describe your practice, if any, before the Supreme Court of the United States, the highest court of any state, or any state or federal courts of appeals, including in your capacity as Solicitor General of the United States. Supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any oral argument transcripts before these courts in connection with your practice. Give a detailed summary of the substance of each case, outlining briefly the factual and legal issues involved, the party or parties whom you represented, the nature of your participation in the litigation, and the final disposition of the case. Also provide the individual names, addresses, and telephone numbers of co-counsel and of principal counsel for each of the other parties.

f. Supply four (4) copies of any briefs submitted to the Supreme Court of the United States on your behalf as a party or amicus. Summarize your reason for interest or involvement in each brief.

g. Identify all cases from the date of your confirmation (March 19, 2009) to the present in which the Office of the Solicitor General issued decisions on requests for leave to file a petition for certiorari or an opposition to certiorari, to file a petition for rehearing en banc in the Federal Courts of Appeals, decisions to settle or otherwise not to proceed on a matter in litigation or on appeal in the Courts of Appeals or the Supreme Court, or to join as amicus in litigation to which the United States was not a party. For each case, identify the name of the case, the court and docket number (and where available, citation), and, to the extent such information can be provided consistent with applicable claims of privilege or confidentiality, the identity of the Executive Branch agency or department, if any, recommending that the Office appeal, seek certiorari or file an amicus brief in that particular matter.

16. Litigation: Describe the ten (10) most significant litigated matters which you personally handled, whether or not you were the attorney of record. Give the citations, if the cases were reported, and the docket number and date if unreported. Give a capsule summary of the substance of each case. Identify the party or parties whom you represented; describe in detail the nature of your participation in the litigation and the final disposition of the case. Also state as to each case:

a. the date of representation;

b. the name of the court and the name of the judge or judges before whom the case was litigated; and

c. the individual name, addresses, and telephone numbers of co-counsel and of principal counsel for each of the other parties.

17. Legal Activities: Describe the most significant legal activities you have pursued, including significant litigation which did not progress to trial or legal matters that did not involve litigation. Describe fully the nature of your participation in these activities. List any client(s) or organization(s) for whom you performed lobbying activities and describe the lobbying activities you performed on behalf of such client(s) or organizations(s). (Note: As to any facts requested in this question, please omit any information protected by the attorney-client privilege.)

18. Teaching: What courses have you taught? For each course, state the title, the institution at which you taught the course, the years in which you taught the course, compensation received, and describe briefly the subject matter of the course and the major topics taught. If you have a syllabus of each course, provide four (4) copies to the committee.

19. Deferred Income/ Future Benefits: List the sources, amounts, and dates of all anticipated receipts from deferred income arrangements, stock, options, uncompleted contracts, and other future benefits which you expect to derive from previous business relationships, professional services, firm memberships, former employers, clients, or customers. Describe the arrangements you have made to be compensated in the future for any financial or business interest.

20. Outside Commitments During Court Service: Do you have any plans, commitments, or agreements to pursue outside employment, with or without compensation, during your service with the court? If so, explain.

21. Sources of Income: List sources and amounts of all income received during the calendar year preceding your nomination and for the current calendar year, including all salaries, fees, dividends, interest, gifts, rents, royalties, licensing fees, honoraria, and other items exceeding $500 or more (if you prefer to do so, copies of the financial disclosure report, required by the Ethics in Government Act of 1978, may be substituted here).

22. Statement of Net Worth: Please complete the attached financial net worth statement in detail (add schedules as called for).

23. Potential Conflicts of Interest:

a. Identify the family members or other persons, parties, categories of litigation, and financial arrangements that are likely to present potential conflicts of interest when you first assume the position to which you have been nominated. Explain how you would address any such conflict if it were to arise. Specifically, explain how you will resolve any conflicts that may arise by virtue of your service as Solicitor General of the United States.

b. Explain how you will resolve any potential conflict of interest that may arise, including the procedure you will follow in determining these areas of concern.

24. Pro Bono Work: An ethical consideration under Canon 2 of the American Bar Association’s Code of Professional Responsibility calls for “every lawyer, regardless of professional prominence or professional workload, to find some time to participate in serving the disadvantaged.” Describe what you have done to fulfill these responsibilities, listing specific instances and the amount of time devoted to each.

25. Selection Process:

a. Describe your experience in the entire judicial selection process, from beginning to end (including the circumstances which led to your nomination and the interviews in which you participated). List all interviews or communications you had with anyone in the Executive Office of the President, Justice Department, or outside organizations or individuals at the behest of anyone in the Executive Office of the President or Justice Department regarding this nomination, the dates of such interviews or communications, and all persons present or participating in such interviews or communications. Do not include any contacts with Federal Bureau of Investigation personnel concerning your nomination.

b. Has anyone involved in the process of selecting you for this nomination (including, but not limited to anyone in the Executive Office of the President, the Justice Department, or the Senate and its staff) ever discussed with you any currently pending or specific case, legal issue, or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning your position on such case, issue, or question? If so, explain fully. Identify each communication you had prior to the announcement of your nomination with anyone in the Executive Office of the President, the Justice Department, or the Senate or its staff referring or relating to your views on any case, issue, or subject that could come before the Supreme Court of the United States, state who was present or participated in such communication, and describe briefly what transpired.

c. Did you make any representations to any individuals or interest groups as to how you might rule as a Justice, if confirmed? If you know of any such representations made by the White House or individuals acting on behalf of the White House, please describe them, and if any materials memorializing those communications are available to you, please provide four (4) copies.

FINANCIAL STATEMENT

NET WORTH

____

Provide a complete, current financial net worth statement which itemizes in detail all assets (including bank accounts, real estate, securities, trusts, investments, and other financial holdings) all liabilities (including debts, mortgages, loans, and other financial obligations) of yourself, your spouse, and other immediate members of your household.

ASSETS

LIABILITIES

Cash on hand and in banks

Notes payable to banks-secured

U.S. Government securities-add schedule

Notes payable to banks-unsecured

Listed securities-add schedule

Notes payable to relatives

Unlisted securities–add schedule

Notes payable to others

Accounts and notes receivable:

Accounts and bills due

Due from relatives and friends

Unpaid income tax

Due from others

Other unpaid income and interest

Doubtful

Real estate mortgages payable-add schedule

Real estate owned-add schedule

Chattel mortgages and other liens payable

Real estate mortgages receivable

Other debts-itemize:

Autos and other personal property

Cash value-life insurance

Other assets itemize:

Total liabilities

Net Worth

Total Assets

Total liabilities and net worth

CONTINGENT LIABILITIES

GENERAL INFORMATION

As endorser, comaker or guarantor

Are any assets pledged? (Add schedule)

On leases or contracts

Are you defendant in any suits or legal actions?

Legal Claims

Have you ever taken bankruptcy?

Provision for Federal Income Tax

Other special debt

AFFIDAVIT

I, _______________________________________________, do swear that the information provided in this statement is, to the best of my knowledge, true and accurate.

_________________________ __________________________________

(DATE) (NAME)

__________________________________

(NOTARY)

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