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 Although
his nomination to become a federal district judge
had sailed through the U.S. Senate Judiciary Committee on
a unanimous vote in June, by August 1st Sacramento Superior
Court Judge Morrison C. England, Jr. had spent six
weeks waiting for the full Senate to confirm his appointment.
Procedural wrangling in the Senate that was unrelated to
judicial nominations had delayed the Senate vote on the
nominations of Judge England and numerous other judges.
The
delay threatened to become even longer. Senate rules require
that all pending nominations are returned to the President
for resubmission whenever the Senate recesses for 30 days
or more. August 1 was the Senate's final day before its
month-long August recess.
So when
Judge England came off the Superior Court bench that day,
he was facing a potential wait of at least another month.
Eager for news, he used the Internet browser on his computer
to click on C-SPAN 2, which provides streaming video of
the Senate.
"And
as I came on C-SPAN 2, I realized that they were voting
on a judge, a district court judge, Henry Autrey
from Missouri," Judge England recalled. "I decided
to watch to see what would happen because I knew this was
the last day (before the recess). And at the end Senator
(Tom) Daschle asked the senators to please stay in
chambers because there were seven more judges that they
wanted to put through that day. Now, they didn't say who
(the judges) were or what was going to happen. And Senator
Daschle and Senator (Patrick) Leahy were having a
discussion as to whether there would be roll call votes
or whether they would go through the much more expeditious
matter of voice votes."
As Judge
England intently watched on his computer, Senator Leahy
eventually agreed to have voice votes on the next seven
nominees, whom he identified by their number on the executive
calendar of the Senate. "And he named off six numbers
and the final number, the seventh number, was mine. And
I wasn't sure I heard it (correctly). Of course, my interest
becomes extremely focused on my computer."
Judge
England smiled as he recalled what happened next.
"Well,
what would be the worst possible thing to happen at that
very moment? (The computer) froze on me. Literally, the
streaming video froze, everything froze on my computer.
So the only thing I could do was do a hard, cold reboot
by pushing the off-on button, which meant that then Scandisk
(virus-checking software program) had to" run before
Judge England could reconnect to the Internet.
"I
finally get (the computer) up and running literally just
as they finished the sixth person," he said.
Having
dealt with one of the most ill-timed computer glitches imaginable,
Judge England then watched as the Senate approved the seventh
nomination, his nomination, on a voice vote. Five minutes
later, a representative of the U.S. Department of Justice
called to confirm what the judge had just witnessed online:
his confirmation as the newest judge on the United States
District Court for the Eastern District of California.
The
day after the confirmation, President George W. Bush
signed Judge England's commission, and he took his oath
of office. After a week of vacation and a week of mandatory
orientation for new federal judges, Judge England began
work in mid-August at the United States Courthouse.
Judge
England, 47, called his appointment by President Bush a
"tremendous honor." However, he said, appointment
to the federal bench was not an achievement to which he
had always aspired.
"I
wish I could say that I had the foresight, the desire, and
the drive to say that one day I wanted to be a federal judge
and (that) I knew that when I was in law school," Judge
England said in interview in his chambers at the federal
court. "But I'll be honest with you I never had any
idea that I'd ever be on the bench period, and never in
a million years had I dreamt that I'd be here. I can't tell
you how happy I am, but it was never a goal, a desire, or
drive of mine at any point in my life."
Born
in St. Louis, Judge England was raised in Sacramento, where
he graduated from McClatchy High School. He attended Sacramento
City College before he transferred to the University of
the Pacific in Stockton on a football scholarship. While
at UOP, Judge England said, he was taken aside by an advisor
who was also a professor and strongly advised to consider
law school.
Despite
this advice, and his undergraduate pre-law degree, Judge
England did not immediately pursue the law after graduating
from UOP in 1977. Rather, his football prowess as an offensive
lineman led to a training camp invitation from the New York
Jets.
Ultimately,
Judge England decided not to pursue a career in pro football,
but the sport remained a primary interest. He accepted an
offer to coach football at the California State University,
Fullerton from Jim Colletto, his former offensive
line coach at UOP. While coaching at Fullerton, Judge England
was pursuing a master's degree in counseling psychology
so that he could eventually pursue a full-time career in
coaching.
If Judge
England had continued on that path, he might well be a head
football coach at a major college somewhere today. But signs,
large and small, intervened. The practice field at Fullerton
was directly across the street from the Western State University
College of Law. Every day, Judge England could see the road
not traveled. Eventually, he decided to take the LSAT, and
he directed that his results be sent to the McGeorge School
of Law, which he had visited when he was recruited to UOP.
Judge
England had reached a decision point - would his career
be law or football? "I am a believer in signs being
given to you, and as I was making that decision I got a
call from Bob Mattos, who had just been named head
football coach at Sac State."
When
Mattos made his call, Judge England had just been accepted
to McGeorge. "I thought this must be an omen that I
could come back to Sacramento," he said. By accepting
the Sacramento State position, he figured that "I can
have my football which I love, and I can coach and teach
at the same time (that) I can start law school."
While
in law school, Judge England undertook an around-the-clock
schedule. He taught and coached at Sac State during the
day, attended law school at night, and worked the graveyard
shift as a counselor at Sacramento's juvenile hall. He also
worked as a law clerk for Gary Quattrin and Tim
Clemons, two former Sac State football players who were
partners in a law firm.
Upon
passing the bar exam in 1983, Judge England became a partner
in law firm of Quattrin, Clemons & England. In
1991, Judge England applied to become a part-time referee
at the juvenile court upon the suggestion of a colleague
who thought he would be a good fit for the position given
his prior work at juvenile hall. Five years later, Governor
Pete Wilson appointed him to the Sacramento Municipal
Court. One year later, in August 1997, Governor Wilson elevated
Judge England to the Superior Court.
At the
time of his appointment to the federal bench, Judge England
was doing a general trial assignment in Department 20 in
the Superior Court. In addition to trial work, he was one
of several judges assigned to hear writs. Judge England
was also vice president of the California Judges Association.
A member of the United States Army Reserve's Judge Advocate
General Corps since 1988, he serves a senior defense counsel
with a rank of major.
Judge
England said he enjoyed the Superior Court, but was attracted
to the challenge of serving as a federal judge.
"Clearly,
being a Superior Court judge was a tremendous honor. I loved
being a Superior Court judge. I loved the people I was with
on the Superior Court and, quite frankly, I'll miss my friends,
and I'll miss the types of cases that the Superior Court
handles. But there is also an extreme challenge intellectually
and from a professional standpoint to be in the federal
system."
Superior
Court Judge James Long, who has known Judge England
since he was a McGeorge law student, praised him as a jurist
of "unlimited talent" and predicted that he would
someday become a federal appellate judge.
"Ever
since I have known Judge England he has always impressed
me as a person who is highly intelligent, hard working,
and gets along exceptionally well with people," Judge
Long said. "I've encouraged him and he has not let
me down one iota."
Chief
U.S. District Judge William Shubb predicted that
Judge England would fit in well on the federal bench. "We
know him, and we think he'll make an excellent addition
to the court and a fine colleague. I know it will be a pleasure
to work with him."
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