There is no greater violation of the public trust
than cases in which a judge rules despite having a financial
interest in one of the parties or in the outcome of the
litigation. That is why CRC's documentation of a large number
of important cases in which judges have ruled despite disqualifying
conflicts of interest has generated so much outrage by ethics
experts, policy makers, and editorial boards.
In 1999, CRC released a
comprehensive study of the rulings of
federal appellate judges and discovered that, in
a single year, 5 percent of these judges, including prominent
conservatives such as Alex Kozinski, Laurence Silberman,
and Daniel Manion, ruled in cases despite disqualifying
financial conflicts of interest. This report was chronicled
in a front-page story and same-day editorial in The Washington
Post and in a detailed feature report on NPR. It generated
numerous follow-up stories and editorials in papers across
the country and helped trigger a hearing by the Judiciary
Committee of the House of Representatives where
CRC testified.
In 2002, CRC chronicled
the fact that D. Brooks Smith, then a nominee to the Third
Circuit Court of Appeals, had presided over two cases where
his financial interests were very much at stake. This stock
conflict was deemed "one of the most serious I've seen"
by a preeminent ethics expert, and it led The Washington
Post to editorialize against Smith's confirmation based
entirely on the ethics issues CRC raised and publicized.
In July 2003, CRC filed an
ethics complaint after discovering that the Wyoming
District Court judge who struck down the Roadless Area Conservation
Policy (which protects 58 million acres of roadless national
forests from resource extraction activities) has approximately
half of his net worth in stock and royalty interests in
the oil and gas industry. This filing of this complaint
was covered in virtually every national paper including
The New York Times, The Washington Post, USA
Today, and Los Angeles Times. CRC and CREW appealed
the complaint after it was inappropriately dismissed on
a technicality by the Chief Judge of the Tenth Circuit.
It was unfortunately denied. (To view a complete list of
media coverage generated by the complaint, click
here.)