Kiel appears before Judiciary Committee for federal judgeship

The U.S. Senate Judiciary Committee today held a hearing on the nomination of Edward Sunyol Kiel to be District Court Judge for the District of New Jersey; Kiel is already a magistrate judge for the same court.

Kiel, who was born in South Korea and immigrated to the United States at a young age, became a magistrate judge in 2019 after nearly two decades at the law firm Cole Schotz. At the recommendation of Senator Cory Booker, he was nominated to the District Court last month by President Joe Biden to replace now-Senior Judge Kevin McNulty, an Obama-nominated judge.

In today’s hearing, Kiel was introduced by Booker and Senator Bob Menendez, who despite his federal indictment has continued to be involved in judicial nominations.

“Judge Kiel’s nomination is momentous, and here’s the magic of it: it is a full-circle realization of the American Dream,” Booker said in his remarks. “Should we confirm him as a federal judge, he will serve in the same courthouse where his parents were naturalized as citizens of this great country. Judge Kiel’s confirmation will bring us so much closer to ensuring that our judiciary is truly reflective of the rich tapestry of experiences of all Americans.”

“He already knows the District of New Jersey and the Newark courthouse; after all, it’s where he has capably served as a U.S. magistrate judge for the past four years,” Menendez said. “In every case and at every step, he has demonstrated an even temperament and a resolute commitment to equal justice under the law.”

There was no vote on Kiel’s nomination in the committee today; that will come later, likely in a few weeks.

Senators had the chance to ask Kiel questions about his background and legal philosophy, but the bulk of the questions Kiel faced focused on neither of those things. Instead, two Republican senators, Josh Hawley of Missouri and Marsha Blackburn of Tennessee, chose to grill Kiel on the topic of the war in Israel and antisemitism in the United States.

Hawley made a connection between Kiel and the Asian American Legal Defense and Education Fund, a group Kiel worked with more than 15 years ago that, according to Hawley, has recently released controversial statements supporting Palestine. Hawley and Blackburn repeatedly asked Kiel for his thoughts on the statements and on the Israel conflict more broadly; Kiel responded that he opposes violence and discrimination but that his personal views aren’t a factor in his judicial outlook.

“It’s a very complicated issue,” Kiel said. “I haven’t really studied it. It is a terrible situation, what is going on there. Senator, that’s all I can really say on what my personal views are.”

Senator Mazie Hirono (D-Hawaii), meanwhile, asked Kiel for his thoughts on the importance of diversity in the judicial system.

“I’ve been very fortunate to have a very diverse group of law clerks, interns and staff members,” Kiel said. “We have great discussions. Hearing different viewpoints, hearing different lived experiences, certainly I believe helps me to be a better judge.”

Last week, another one of Biden’s New Jersey District Court nominees, Assistant U.S. Attorney Jamel Semper, was favorably released from the Judiciary Committee on a bipartisan 13-8 vote.

If Semper and Kiel are confirmed – which seems likely in the Democratic-controlled Senate – they would be Biden’s ninth and tenth nominees to land on the 17-member New Jersey District Court. One other New Jersey judicial position, a seat on the 3rd Circuit Court of Appeals, remains vacant with no designated nominee announced.