At today's Senate Judiciary Committee hearing, Sen. Richard Blumenthal (D-CT) questioned Julia M. Lipez, nominee to be United States Circuit Judge for the First Circuit, about approach to sentencing.
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NewsTranscript
00:00Sentencing, Judge Lipez, could you talk a little bit about your philosophy of sentencing?
00:08Because I think it's important for the committee to hear more fully how you approach what I
00:13think is one of the most important responsibilities of a judge.
00:18Thank you, Senator, for that question.
00:22I practice extensively as a federal prosecutor, so I'm quite familiar with the federal sentencing
00:27system.
00:28The state of Maine sentencing system that I now work under is quite different.
00:32We don't have sentencing guidelines.
00:34Instead, in the state of Maine, we have a three-part methodology that we are required
00:40by statute to follow.
00:42In every case, I look carefully at the factual record, I make factual findings as dictated
00:49by the evidence before me, and then I follow the three-part sentencing methodology.
00:55The third part of that methodology requires the court to consider whether to suspend a
01:00portion of the sentence so that the defendant can be on probation conditions.
01:04The Maine system does not have supervised release for most crimes the way that the federal
01:08system does, and so the only way to place an offender on probation conditions after
01:14release and to supervise them in the community is to suspend a portion of the sentence, and
01:18that happens, in my experience, in the majority of Maine cases.
01:23In every case, I listen carefully to the parties, to the victims, if it's a crime involving
01:28victims.
01:29In many cases, I have imposed sentences that the state has asked for, and I view each case
01:38on its own and impose a sentence that is dictated by the evidence and the statutory factors.
01:45I think that's important.
01:46You try to individualize a sentence.
01:48I've been a prosecutor, U.S. Attorney, and Attorney General, and sentencing has, in part,
01:59justifiably, a punishment aspect.
02:04Society demands that there be some suffering on the part of people who commit a crime.
02:11That's in part why we deprive them of their freedom, but it also is supposed to have some
02:18corrective effect on the individual.
02:21It used to be called rehabilitative, and unfortunately, all too often, our prisons fail to provide
02:30either job skills or education or health care in many different ways.
02:37As you look at an individual, is the factual background that you consider partly whether
02:47that person is going to commit another crime or become a productive member of society?
02:53Senator, that's something I'm required to consider under the statutory factors set forth
02:59by Maine law, the individual history and characteristics of the defendant, including any criminal history,
03:06any past failures on probation, and the prospects for rehabilitation, and then, of course, the
03:12nature and circumstances of the offense.
03:14In each case, I consider all of those factors as I'm required to by Maine law.
03:19Thank you.
03:20I really appreciate that very thoughtful answer to a question that I think becomes embroiled
03:26in the politics of the moment, but really faces this committee in the way that we make
03:31laws and faces judges literally every day in courtrooms all around the country, in state
03:38courts as well as federal courts.
03:42I really appreciate both of your service to our country.
03:47Part of your service is appearing before this committee, not pleasant, not fair.
03:56Welcome to our world.
03:59And I want to thank you and commend you for being here to participate in the very constructive
04:06and thoughtful way that you have done.
04:10I would invite either of you, feel no pressure to do so, to add any comments that perhaps
04:19you haven't been able to conclude because you've been interrupted.
04:23If you want to say something in addition to explain, provide further answers, please use
04:29the balance of my time to do so.
04:36Thank you, Mr. Chairman.
04:38Thank you, Senator Blumenthal.
04:40Senator Kennedy.
04:42Thank you.
04:43Thank you, Mr. Chairman.