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Community
Rights Counsel has helped bring to light three major ethical
concerns regarding the nomination of D. Brooks Smith:
- His attendance at "junkets
for judges";
- His rulings in cases where he
had an obvious financial interest; and
- His membership in a club that
discriminates against women.
These three concerns are aptly summarized in an editorial
in the May 23, 2002 issue of The Washington Post -- click
here to read that editorial.
Preeminent legal ethics experts have prepared ethics opinions
for the Senate Judiciary Committee analyzing Judge Smith's
ethical concerns. To read the opinion of Professor Stephen
Gillers of New York University School of Law, click
here (PDF). To read the opinion of Professor Monroe Freedman
of Hofstra University School of Law on all of the ethical
issues concerning Judge Brooks Smith, click
here. For an earlier letter sent by Professor Freedman
to the Senate Judiciary Committee regarding the cases in which
Judge Smith had a financial interest, click
here.
Unfortunately, the Senate Judiciary Committee approved Judge
Smith's nomination by a vote of 12-7. Senator Feingold (D-WI)
gave a statement on the floor as to why he was opposing Judge
Smith -- click here to read that
statement.
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