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Whoopsie.

Scalia’s absence from the Roberts swearing-in explained:

He was on a judicial junket.

The place: the Ritz-Carlton resort in Bachelor Gulch, CO. The event: a legal seminar. The sponsor: the Federalist Society.

Not only did Scalia’s absence appear to be a snub of the new chief justice, but according to some legal ethics experts, it also raised questions about the propriety of what critics call judicial junkets.

“It’s unfortunate of course that what kept him from the swearing-in was an activity that is itself of dubious ethical propriety,” said Stephen Gillers, a New York University law professor, who is a recognized scholar on legal ethics.

Scalia spent two nights at the luxury resort lecturing at the legal seminar where ABC News also found him on the tennis court, heading out for a fly-fishing expedition, and socializing with members of the Federalist Society, the conservative activist group that paid for the expenses of his trip.

What, no duck hunting?

One night at the resort, Scalia attended a cocktail reception, sponsored in part by the same lobbying and law firm where convicted lobbyist Jack Abramoff once worked.

“You know a lot of people would be embarrassed at that. I don’t think Antonin Scalia will be embarrassed,” Gillers continued.

No, I’m sure Nino won’t be embarrassed by this, just as he wasn’t embarrassed to accept a duckhunting trip from Dick Cheney, whose case was pending before him at the time.

Scalia, of course, is not the only Justice to accept freebies; he’s also not the, ah, most gifted on the Court:

An examination of the Supreme Court disclosure forms by ABC News found that five of the justices have accepted tens of thousand of dollars in country club memberships. And Justice Clarence Thomas has received tens of thousands of dollars in valuable gifts, including an $800 leather jacket from NASCAR*, a $1,200 set of tires, a vacation trip by private jet, and a rare Bible valued at $19,000.

“The rules dealing with gifts don’t apply to Justice Thomas because the rules only apply to lower court judges,” Gillers explained. “People give gifts to judges and justices because they have power. And they have power because of their position that they hold in trust. And to suggest that it doesn’t matter, no one will care, seems to me to be whistling in the dark.”

There is no explicit code of ethics for the Supreme Court, though, as Gillers pointed out, lower-court judges are bound by such a code. Still, lower-court judges quite frequently emulate the big boys and accept paid vacations under the guise of judicial conferences. And, of course, lower-court judges are supposed to recuse themselves in cases where they have a financial stake in any of the parties. The local rules in the Southern District of New York, for instance, require litigants to file a statement listing any publicly-held entities related to the parties so that the judges can evaluate recusal (and, presumably, so the court can assign the case with a mind to potential conflicts of interest).

Not that such a code of ethics stopped Alito from continuing to preside over a case in which he had a financial interest in one of the parties, Vanguard, even after a motion was made to remove him from the case. Anyone have any guesses how he’ll behave once he’s no longer bound by a code of ethics?

Regardless of whether a group is involved in pending litigation, allowing any group to buy the ear of a judge necessarily puts other groups and individuals at a distinct disadvantage in future litigation.

Fortunately, it appears that judicial junkets will be addressed in the lobbying-reform proposals being put together by the Democrats, with Patrick Leahy, Russ Feingold and John Kerry putting special focus on the judiciary.

* I can’t imagine how tacky-ass an $800 NASCAR leather jacket would be. I once attended a law-firm holiday party at the Waldorf-Astoria, and NASCAR was having its own party down the hall. Lavish spending apparently equals strobe lights and women in tight silver lame catsuits.

Posted in Law

14 thoughts on Whoopsie.

  1. What a load. As the slightest amount of research may have informed you, or Nightline, Scalia was lecturing at an intensive, scholarly, legal education seminar. Trying to pass it off as some kind of “junket” is ridiculous.

    I guess filthy lies aren’t covered in your concern over ethics, eh?

  2. Oh, yes. I’m sure there were intense, scholarly legal discussions during tennis and flyfishing and over cocktails.

  3. my law student boyfriend says he saw flyers around campus offering the “opportunity” to hang out with scalia in tuscany this summer. rough life, judgin’.

  4. Yes, and lecturing is SO much more important than, gee, watching one of the Supreme Justice, (you’re COWORKER) sworn in.

    Yep.

  5. Scheduled a year in advance, the attendees to this advanced legal course almost all paid for their slots before two months prior to the event. On the other hand, the scheduling of the pomp and circumstance surrounding the swearing in were known only a short time in advance. Put another way, the course and it’s attendees were finished scheduling for the most part before John Roberts confirmation hearings even took place.

    Zuzu, the record of what this educational conference was about, including the 200+ page accompanying information booklet authored by Justice Scalia, are readily available to anyone who bothers to look. Apparently you went took the same investigative techniques course that ABC News reporters take. Let’s just hope you didn’t take two hours out of that course to eat or use the restroom, because if you did, then there couldn’t be any value to that course.

    Likewise, I’m sure you realize that college has no educational value if at any time you engage in leisure activity during your enrollment.

    Idiot.

  6. Absentee, watch the personal insults and ad hominems.

    This isn’t college or a visiting faculty gig at a law school or institute or CLE seminar. This was a junket to a luxury resort sponsored by a political/judicial group that seeks to shape the judiciary and the legal profession in a conservative mold. A group, as we learned with the Roberts nomination, that won’t divulge the names of its members.

    Scalia has already shown that he has little regard for judicial ethics by accepting a duckhunting trip with Dick Cheney while Cheney’s case was pending before him. Judges should avoid even the appearance of impropriety, whether or not there is a case in front of them.

    Besides, a few months is plenty of time to either back out of the trip or have it rescheduled to not conflict with the swearing-in of the new Chief Justice. But I suspect Scalia was in a pet because he didn’t get the job.

  7. As an aside, I take absolutely no issue with banning name-callers, zuzu. Feel free to follow my lead.

    Absentee, your points would be no less valid without your final sentence, but your credibility is harmed when you stroll into other people’s spaces and call them idiots. Just a thought.

  8. Absentee, watch the personal insults and ad hominems.

    First off, no thanks. You have an edit button and a ban button. Don’t like it, don’t let it. Second off, I’m so sick of the term ad hominem being used to describe being called a name. Ad hominem is a personal attack in the form of an ARGUMENT, not merely being called a name. I know you lefties like to sound like you have any shred of credibility, but you aren’t doing yourself any favors calling an INSULT an AD HOMINEM. If you’re going to pretend to know the first thing about formal debate, try looking something up now and again.

    “But I suspect Scalia was in a pet because he didn’t get the job. ”
    What an extraordinarily ridiculous comment. You, of course, haven’t got a clue as to whether or not he wanted the job, whether or not he liked Roberts getting the job, or whether or not Justice Scalia shares the same petty and emotional outlook on life that you clearly have.

    “This isn’t college or a visiting faculty gig at a law school or institute or CLE seminar. This was a junket to a luxury resort sponsored by a political/judicial group that seeks to shape the judiciary and the legal profession in a conservative mold.”

    You can’t seem to step out of your rudimentary and juvenile understanding of the world. Let me fill you in on a little secret ..

    There’s life after college!!!!
    Shocking, I know.

    I happen to work at a trade association. We host meetings for our industry ALL THE TIME. The point of the nice hotels is to attract the ATTENDEES, not the speakers. Companies send their employees to hundreds such technical or educational conferences every year. It couldn’t possibly be more common, mundane, and standard. No doubt the very people who put together this story for Nightline have been to dozens of such conferences themselve. To chalk it up as some kind of “junket” goes beyond merely dishonest. It’s filthy propaganda. Kind of like your blog post on the topic.

  9. You filthy propagandists! Jill, didn’t you learn how to wash?

    Absentee (what an appropriate name now) is a dick, but his basic points are correct. The Federalist Society conference was scheduled far in advance of Roberts’ swearing-in, and Scalia was a major player. He could have gotten out of it for his wife’s funeral or his own imminent death. As for the fly-fishing, legal societies and organizations have conferences and junkets all the time, and they don’t generally pick the Dogpatch, Montana Ramada Inn as the venue. They pick nice places where you can also do fun stuff. Scalia went fishing; he also worked.

    As an aside, I note with glee the ABC News standard for Abramoff-painting. “Scalia attended a cocktail reception, sponsored in part by the same lobbying and law firm where convicted lobbyist Jack Abramoff once worked.”

    That would be Preston Gates & Ellis, I assume – one of the most prestigious and best-known firms in, like, the world. I note with satisfaction that per ABC News’ high standards, pretty much every Democrat and Republican political figure in Washington is hopeless tainted with the Abramoff stank. PGE has held probably 1,000 receptions in the last 20 years. It might be possible to find an intern somewhere, hiding in a file room, who hasn’t attended one.

    Unless, of course, ABC News was just trying a drive-by smear. Which would be CRAZY.

  10. This isn’t college or a visiting faculty gig at a law school or institute or CLE seminar.

    Actually, it was a CLE seminar on con law that Scalia had signed up to teach far in advance of when anyone could have known Roberts would be sworn in. Tom Goldstein of SCOTUSblog, no conservative he, has responded to this non-story here, and Fed Soc sets the record straight here. You’re a few days behind the curve on this one, zuzu.

  11. Not that it really matters all that much, but zuzu is using “ad hominem” correctly. Webster’s sez:

    1 : appealing to feelings or prejudices rather than intellect

    2 : marked by an attack on an opponent’s character rather than by an answer to the contentions made

    Emphasis mine. Calling someone an idiot would appear to me to be an attack on their character, though maybe that’s just me…

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