Topic: Violation of Ethics
Senator: Coburn
Date: SEPTEMBER 14, 2005
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COBURN: I want to cover one area that was discussed yesterday where the implication was made that you might have ruled on a case violating the judicial ethic, and that was the Hamdan v. Rumsfeld case.
Senator Feingold asked you questions about the case. You invoked the canon code of conduct of U.S. judges that prohibits you from talking about a pending case.
I would like, Mr. Chairman, a copy of that canon to be placed in the record.
SPECTER: Without objection, so ordered.
COBURN: And canon three provides that, "A judge should perform the duties of the office impartially and diligently. The judicial duties of a judge take precedence over all other activities. In performing the duties prescribed by law, the judge should adhere to the following standards and adjudicative responsibilities."
There's another one of those legal words I'm having trouble getting my hands around.
"A judge should avoid public comment on the merits of a pending or impending action, requiring similar restraint by court personnel, subject to the judge's direction and control."
The official commentary to canon 3A(6) provides the admonition against public comment about the merits of a pending or impending action until completion of the appellate process.
I would also note that any criticism of your participation in this case is unwarranted. Numerous law professors who specialize in legal ethics have stated that you in no way have violated any ethics rules simply because you were considered for another judgeship. The opinion was finalized well before you met with the president -- I believe that's correct -- or was offered this nomination.
Is that correct?
ROBERTS: Yes.
COBURN: The argument, the initial vote, and the drafting of the opinion all took place before there was a Supreme Court vacancy at all. Is that correct?
ROBERTS: Yes.
COBURN: You did not write an opinion on that case. Is that correct?
ROBERTS: I joined Judge Randolph's opinion.
COBURN: Right. But you did not write a separate opinion.
ROBERTS: No.
COBURN: That's right.
I would also like to enter into the record the nonpartisan ethicists who agree that Judge Roberts did not violate any ethics rules.
SPECTER: Without objection, it will be make a part of the record.
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