Report on Judge Alberto Diaz For Senate Judiciary Committee Hearing

December 15, 2009, Washington, DC—Judge Alberto Diaz is scheduled to have a hearing before the Senate Judiciary Committee on his nomination to the Fourth Circuit Court of Appeals on Wednesday, December 16, at 3:00 p.m. 

Judge Diaz, currently a Special Superior Court Judge for Complex Business Cases in North Carolina, where he has served since 2005, was nominated on November 4, 2009, to fill the seat formerly held by Judge William W. Wilkins of South Carolina. 

Because various important government offices such as the Pentagon and the CIA are located within its jurisdiction, the Fourth Circuit has gained increased prominence for hearing many cases related to national security, anti-terrorism policies, and the limits of presidential power.  The circuit, which has jurisdiction over district courts located in Maryland, North Carolina, South Carolina, Virginia, and West Virginia, has long been considered the most conservative federal appeals court in the country.

The Fourth Circuit needs judges committed to our nation’s core constitutional values.  President Obama understands the importance of having a judiciary which provides equal justice for all.  Thus, the opportunity to apply this core American principle should be borne out by nominating an attorney who has a demonstrated commitment to this goal. 

Judge Diaz possesses many admirable qualities, though the limited available information on his record raises concerns in a variety of legal areas: consumer protection, the rights of criminal defendants, civil rights, and the rights of victims of medical malpractice.  Although we are hopeful that he will faithfully apply the Constitution to ensure its mandate of equal justice for all, it is incumbent upon those voting for his confirmation to determine his qualifications and his views before confirming him to this influential seat on the court of appeals.

Alliance for Justice has produced a report on Judge Diaz’ background and judicial record, available online at http://www.afj.org/check-the-facts/nominees/alberto-diaz.html?templateName=template-30435193.

Judge Diaz is one of three nominees to the circuit courts pending before the Senate Judiciary Committee.  Six nominees are awaiting a vote by the full Senate.

For information on the status of federal court nominees, see our judicial selection snapshot at http://www.afj.org/check-the-facts/nominees/judicial-selection-snapshot.html.