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Judge Smith's Ethics

Community Rights Counsel has helped bring to light three major ethical concerns regarding the nomination of D. Brooks Smith:

  1. His attendance at "junkets for judges";
  2. His rulings in cases where he had an obvious financial interest; and
  3. His membership in a club that discriminates against women.

These three concerns are aptly summarized in an editorial in the May 23, 2002 issue of The Washington Post -- click here to read that editorial.

Preeminent legal ethics experts have prepared ethics opinions for the Senate Judiciary Committee analyzing Judge Smith's ethical concerns. To read the opinion of Professor Stephen Gillers of New York University School of Law, click here (PDF). To read the opinion of Professor Monroe Freedman of Hofstra University School of Law on all of the ethical issues concerning Judge Brooks Smith, click here. For an earlier letter sent by Professor Freedman to the Senate Judiciary Committee regarding the cases in which Judge Smith had a financial interest, click here.

Unfortunately, the Senate Judiciary Committee approved Judge Smith's nomination by a vote of 12-7. Senator Feingold (D-WI) gave a statement on the floor as to why he was opposing Judge Smith -- click here to read that statement.

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