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WASHINGTON - A judicial watchdog group called yesterday on
U.S. Circuit Judge Danny Boggs of Louisville to resign from
a foundation that provides federal judges with educational
seminars in Montana.
Douglas Kendall, executive director of the Washington-based
Community Rights Counsel, said Boggs' connection to the Foundation
for Research in Economics and the Environment brings his impartiality
into question.
Kendall's group is scheduled to file a petition with the court
in Cincinnati today asking for a ruling that Boggs, chief
judge of the 6th U.S. Circuit Court of Appeals, is violating
judicial ethics by serving on the board of directors of the
foundation, which is based in Bozeman, Mont.
Most of its money comes from corporations and corporate-controlled
foundations, many of which are involved in environmental cases
in the courts, Kendall said.
"A judge cannot be on the board of an organization that
takes money from corporations in order to influence the outcome
of cases before the federal courts," he said.
Boggs said in an interview that he had not seen the petition
and was "only vaguely aware" that one was to be
filed.
"If it is any kind of formal complaint, it wouldn't be
appropriate to respond in the press," Boggs said. But
he added that his connection to the foundation is "nothing
that's been any secret."
"It's been in my disclosure reports for a dozen years,"
he said.
Asked about the petition questioning his impartiality, Boggs
said, "I'm sure others could say the same thing about
those who are on the board of Harvard or who hold positions
at the ABA (American Bar Association)."
The 6th Circuit hears cases from Kentucky, Tennessee, Ohio
and Michigan. Boggs was appointed to the court by President
Ronald Reagan.
According to the petition, the foundation provides flights,
board at ranches and hotels, recreational activities such
as fishing and golf - all for free - and seminars on environmental
issues that have included representatives of companies involved
in lawsuits. Company officials have access to participants,
including the judges, and sometimes room with them, the petition
says.
"Nearly every one of FREE's major funders has a clear
interest in the results of environmental litigation in federal
courts," the petition states, adding that the foundation
supporters "desire judicial rulings that limit or cut
back on environmental protections."
Boggs' service on the board "undermines public trust
in the judiciary as a whole, and reflects adversely on his
own impartiality," the petition says.
The petition cited as an example of the foundation's determination
to influence cases a 1999 clean-air lawsuit by industry against
the government. The foundation provided trips to three judges
on the U.S. Court of Appeals for the District of Columbia
Circuit, which was considering the case and ultimately upheld
the industry's position.
The foundation says on its Web site that its seminars "are
explicitly pro-environment," but also "explain why
ecological values are not the only important ones." It
lists among its supporters foundations and corporations, including
ExxonMobil and General Electric.
John Baden, the chairman and founder, said the rules for judges
clearly allow them to serve on educational organizations.
"If you look at what judges do, they're on all manner
of boards," he said. He said he has known Boggs for decades
and considers him "a great intellect."
"He is a wonderful guy, and I respect him immensely,"
Baden said.
He said his organization is libertarian in its ideology, supporting
"environmental quality, responsible liberty and modest
prosperity."
His seminars feature "speakers who are not only from
the best places, but the top people from the best places,"
he said, including from major environmental organizations.
He said corporations accounted for 10percent of last year's
$1.2million in revenues. More than $1million came from foundations,
most of which had no direct connections with companies, he
said.
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