Martin likely to be confirmed to 11th Circuit

Judge Beverly Martin, President Barack Obama’s pick to fill a vacancy on the U.S. 11th Circuit Court of Appeals, is likely to be confirmed by the Senate this week before the August recess.  At her Senate confirmation hearing, most questions Martin faced were related to a controversial ruling she made finding a mandatory minimum sentence unconstitutional.  The case involved a man who was found guilty in a bench trial of using the Internet to entice a child to have sex and of crossing state lines with the intent to have sex with a child.  In a 26-page ruling, Martin declared that the mandatory minimum sentence of 30 years was “cruel and unusual punishment” in violation of the Eighth Amendment and later sentenced the defendant to 19 years.  Her ruling was appealed to the 11th Circuit.  Senators Orrin Hatch of Utah and Jeff Sessions of Alabama were both critical of Martin’s ruling, but said they planned to vote in her favor anyway.  Martin has been on the federal bench in the Northern District of Georgia since her appointment by President Clinton in 2000.

Senator Saxby Chambliss, Republican of Georgia, said of Martin, “You just don’t hear any negative comments about the way she handles herself in the courtroom and her ability to make the right decisions.”  Lawyers interviewed for the Almanac of the Federal Judiciary made the following comments on Martin’s demeanor: "Her legal ability is matched by her courtroom demeanor, which is the best around. She knows how to behave and how to treat others." "Her courtroom demeanor is exemplary." "She has a perfect disposition for the courtroom." "Her demeanor in the courtroom couldn't be better. She respects lawyers and lets them try their cases."