Durbin Questions Two Judicial Nominees In Today's Senate Judiciary Committee Hearing

11.20.24

Durbin Questions Two Judicial Nominees In Today's Senate Judiciary Committee Hearing

WASHINGTON - During today's Senate Judiciary Committee nominations hearing, U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, questioned Benjamin J. Cheeks, nominated to be a U.S. District Judge for the Southern District of California; and Serena Raquel Murillo, nominated to be a U.S. District Judge for the Central District of California.

Durbin began his questioning by asking the nominees about their background as prosecutors.

"It is interesting that we have a number of nominees over the years who have been prosecutors and make great judges. We have had fewer when it comes to the public defense side. But that has been changing. There has been at least a movement… to diversify the bench when it comes to that experience," Durbin began.

"Could you address the basic question, if I am accused of a crime and appear before you as a judge, [and I] look at your background and say, 'uh oh, this judge has been a prosecutor,' do I have a chance before this court?" Durbin asked both nominees.

Judge Cheeks affirmed his commitment to giving each person who enters his courtroom a fair, unbiased trial. He noted that he understands both sides of a trial as he has years of experience serving as both a prosecutor and as a defense attorney.

Judge Murillo noted that she has served as a judge for nearly a decade, in addition to her experience as a prosecutor. She spoke about her approach to working as a prosecutor in following the rule of law while respecting the rights of defendants. In the courtroom, she explained that she aims to treat everyone with humanity, dignity, and respect, giving them a fair opportunity to be heard.

Durbin also asked Judge Cheeks about his path to becoming a magistrate judge, as he now serves on the U.S. District Court for the Southern District of California.

"Judge Cheeks, how is a magistrate chosen in federal court?" Durbin asked.

Judge Cheeks explained that in the Southern District of California, a magistrate is chosen through a merit selection committee of local attorneys, who pick ten candidates to interview. The top five of those candidates are subsequently interviewed by district judges, who then vote to select the magistrate judge.

"So it is a consensus decision by the sitting judges in your district court?" Durbin asked of the selection process.

Judge Cheeks confirmed that he was selected by district judges to serve in his role as magistrate judge.

Durbin then spoke to Judge Murillo about her noteworthy record on the bench.

"Judge Murillo, you said that you had been on the bench for ten years. You've had civil and criminal cases before you… Senator Butler noted that you have never been reversed by a higher court," Durbin said.

Durbin concluded his questioning by remarking on both nominees' qualifications, highlighting letters of support from Judge Cheeks's colleagues, as well as Judge Murillo's tenure on the bench without being reversed on appeal.

Video of Durbin's questions in Committee is available here.

Audio of Durbin's questions in Committee is available here.

Footage of Durbin's questions Committee is available here for TV Stations.

Today's hearing continues the Committee's work filling judicial and executive vacancies with highly qualified, diverse candidates who help ensure the fair and impartial administration of the American justice system. Under the leadership of Chair Durbin, the Senate has confirmed 219 judges to lifetime appointments on the federal bench during the Biden-Harris Administration. Following the confirmation of Rebecca L. Pennell to be a U.S. District Judge for the Eastern District of Washington, thirteen lifetime judges - including four circuit court nominees and nine district court nominees - are eligible for a vote on the Senate floor.

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