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Tainted Justice Press


Judge Roth named in complaint
Group questions ethics of work for foundation

Delaware News Journal
March 23, 2004
Sean O'Sullivan

A Washington D.C.-based watchdog group has filed ethics complaints against three federal judges, including U.S. Third Circuit Court of Appeals Judge Jane Richards Roth.

Community Rights Counsel, a public interest law firm, has questioned Roth's participation on the board of the nonprofit Foundation for Research on Economics and the Environment, based in Montana. The group wants Roth and two other judges to step down from the board.

Roth said the group's complaint is groundless and she will continue her association with the foundation, which has produced well-balanced education programs for judges. "I feel the program is to be commended for the nature of the programs it produces and for its ability to incorporate an examination and discussion of all sides," she said.

The foundation describes itself as "an organization devoted to social change that harmonizes environmental quality with responsible liberty and economic progress" that seeks alternative solutions to environmental problems.

"When Bill was alive both he and I were members," said Roth, the widow of longtime Delaware Sen. Bill Roth. "We are both greatly interested in the environment and in no way did we feel this organization presents a biased view of environmental or economic issues."

Roth said the foundation is not involved in lobbying or litigation, and presents no conflict for her as a judge.

Doug Kendall, executive director of the Community Rights Counsel, said Roth's participation is not illegal but it "undermines public trust in the judiciary and reflects adversely on her impartiality."

Kendall described the foundation as a group that tries to influence judges' opinions by luring them to one-sided, industry-friendly seminars in Montana with free airfare and "time for cycling, fishing, golfing, hiking and horseback riding," a vacation worth $10,000. Seminars such as "The Environment: A CEO's Perspective," Kendall said, "take conservative judges and give them a road map on how to advance their philosophical leanings."

John A. Baden, foundation chairman, said that while the group accepts corporate donations, most of its support comes from foundations. "We work with the Environmental Defense Fund. I've spent my entire career ... encouraging conservation and nature conservancy," said Baden.

Among the corporations that fund the foundation are ExxonMobil, GE Fund, Maguire Oil Co. and Pfizer International, according to the group's Web site.

Baden said the judges' participation on his group's board presents no ethical conflicts.

The two other federal judges who serve on the foundation board and were the subjects of ethics complaints are Danny J. Boggs, chief judge of the U.S. Sixth Circuit Court of Appeals in Kentucky, and Douglas Ginsburg, chief judge of the U.S. Court of Appeals in Washington, D.C.

Reach Sean O'Sullivan at 324-2777 or sosullivan@delawareonline.com.
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