Chief Justice Supports Judges' Education

Chief Justice William H. Rehnquist addressed the American Law Institute at its annual meeting last month, focusing on legal education and, in particular, on legislation introduced in the last Congress that would limit educational opportunities available to federal judges.

The so-called Kerry-Feingold bill (S. 2990-106th Congress), introduced by Senators John F. Kerry (D-MA) and Russell D. Feingold (D-WI), would have prohibited federal judges from accepting "anything of value in connection with a seminar," and was proposed in response to reports critical of judges attending privately funded educational seminars. The bill failed in the last Congress, and has not yet been introduced in the 107th Congress.

"Existing legal and ethics provisions quite properly restrict judges from accepting benefits from parties to litigation before them and provide for disqualification in any instance where a judge's impartiality might reasonably be questioned," the Chief Justice told members of the ALI. "The current financial disclosure requirements also ensure that information regarding attendance at private seminars at the expense of the seminar sponsors is readily available to the public."

Advisory Opinion No. 67 of the Judicial Conference Committee on Codes of Conduct, which covers attendance at educational seminars, specifically states that "the education of judges in various academic disciplines serves the public interest. That a lecture or seminar may emphasize a particular viewpoint or school of thought does not in itself preclude a judge from attending. Judges are continually exposed to competing views and arguments and are trained to weigh them."

The Kerry-Feingold bill as introduced in the 106th Congress, however, would establish that "the seminar must not be conducted in a fashion that might undermine the public's confidence in an unbiased and fair-minded judiciary." The bill would give the Federal Judicial Center the power to authorize government funding for judges to attend only seminars that are conducted "in a manner so as to maintain the public's confidence in an unbiased and fair-minded Judiciary." The Judicial Conference and the Board of the FJC, as well as the Federal Judges Association and the deans of a number of law schools, opposed the bill.

"The approach of the Kerry-Feingold bill is antithetical to our American system and its tradition of zealously protecting freedom of speech," said the Chief Justice. "Seminars organized by law schools, bar associations, and other private organizations are a valuable and necessary source of education in addition to that provided by the Federal Judicial Center. The effect of the Kerry-Feingold bill would be to dramatically restrict the information made available to federal judges through seminars by requiring that the content of that information and the identities of its presenters be weighed against a prediction of public confidence in fair-mindedness."

Under the bill, the Federal Judicial Center would be required to review and approve seminar content and funding and litigation activities of sponsors and presenters. The FJC Board opposed the bill believing the bill would transform the Center into investigators of judicial education programs, requiring intrusive inquiries into attorney-client relationships and use of vague standards by which to judge others' programs. The bill also would jeopardize the FJC's ability to co-sponsor occasional education programs in cooperation with law schools and other organizations.

Chief Justice Rehnquist noted that the FJC "has done an exceptional job providing continuing education for federal judges and court personnel. But the Center cannot provide education to every federal judge each year on the wide array of subjects that judges confront every day, especially issues that are primarily local. And the FJC Board should not be asked to decide for individual judges which seminars they may attend."

The Federal Bar Association also has opposed the bill, saying, as did the Judicial Conference and the FJC Board, that the legislation is overly broad and would have unintended consequences, while raising a number of serious constitutional issues. "Continuing education for judges is more important now than ever, as judges today must rule on complex matters in rapidly changing fields such as science, technology, and economics," FBA President Robert A. McNew wrote. "Judges' attendance at programs to educate them on such matters should not be restricted simply because the programs espouse some particular perspective."

In summary, the Chief Justice told the ALI, "The notion that judges should not attend private seminars unless they have been vetted and approved by a government board is a bad idea. It is contrary to the public interest in encouraging an informed and educated Judiciary, and contrary to the American belief in unfettered access to ideas."

New Committee Chair Named

Chief Justice William H. Rehnquist has
appointed Judge Frederick P. Stamp, Jr.
(N.D. W. Va.) as the new chair of the
Judicial Conference Committee on
Federal-State Jurisdiction. Stamp
succeeds Judge Walter K. Stapleton
(3rd Cir.).