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Congressional Hearing Addresses Judges' Junkets

At an oversight hearing in of the House Judiciary Committee's Courts and Intellectual Property Subcommittee, Representatives Zoe Lofgren (D-California) and Barney Frank (D-Massachusetts) raised serious concerns about the educational seminars that property rights groups are hosting for federal judges.

Rep. Lofgren gave voice to her opposition to the seminars. She commented that she was "extremely concerned" by the Washington Post story, which noted that large numbers of federal judges had attended property rights seminars funded by the same corporations and foundations that are bankrolling property rights cases. She said it was "totally, totally inappropriate" for judges to be accepting freebie trips and commented that attendance at these seminars "very clearly raises at least the appearance of impropriety." She remarked:

"There is nothing more damaging to our citizens' faith in the country and in the due process of law than the belief, even if inaccurate, that those who are trusted to judge have been influenced by financial connections."

Rep. Lofgren called for the U.S. Courts Administrative Office's "immediate attention" to the issue of the seminars and requested that the Administrative Office "provide guidance" to ensure judges know they cannot attend seminars that raise an appearance of a conflict of interests. She noted that the California Supreme Court had prohibited state judges from attending educational seminars funded by private interest groups, and suggested a similar rule be adopted for the federal judiciary.

Rep. Frank, the subcommittee's ranking minority member, added that he was concerned with "a problem of ex parte impact" and requested that "a provision in the canons" be included to ensure judges seek out a "balanced view" on critical issues. He also commented that ideally judges would receive any necessary education from the Federal Judicial Center. To this comment, Judge Rya Zobel, Director of the Federal Judicial Center, agreed and noted that the Federal Judicial Center "offers a program on environmental law at Lewis & Clark University Law School" about which the "primary complaint is that we work the judges too hard."

In response to the concerns raised at the hearing and in the media, Judge William Terrell Hodges, Chairman of the Judicial Conference, the self-governing body overseeing the federal judiciary, agreed to bring the members' concerns to the attention of the Judicial Conference's Committee on Codes and Conduct, which would examine whether additional guidance on the subject of the educational seminars was necessary.

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