[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 416 Introduced in House (IH)]






106th CONGRESS
  2d Session
H. RES. 416

    Condemning the conduct of U.S. District Judge Alan McDonald for 
bringing the appearance of improper racial, ethnic, and religious bias 
  upon the Federal Judiciary, urging the Federal Judiciary to protect 
  against the perception of racial, ethnic, and religious bias within 
    their ranks, and calling for the nomination and confirmation of 
candidates to the Federal bench that reflect the diversity of American 
                                society.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2000

  Mr. Conyers (for himself, Mr. Hastings of Florida, and Mr. Wexler) 
submitted the following resolution; which was referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
    Condemning the conduct of U.S. District Judge Alan McDonald for 
bringing the appearance of improper racial, ethnic, and religious bias 
  upon the Federal Judiciary, urging the Federal Judiciary to protect 
  against the perception of racial, ethnic, and religious bias within 
    their ranks, and calling for the nomination and confirmation of 
candidates to the Federal bench that reflect the diversity of American 
                                society.

Whereas the House of Representatives should not countenance statements by 
        Federal officials that evidence prejudice or bias towards individuals on 
        the basis of race, religion, national origin, gender, or sexual 
        orientation;
Whereas official news publications have confirmed accounts from staff members 
        and attorneys stating that, during official proceedings of his court 
        dating back to 1990, Judge Alan McDonald made or participated in 
        numerous communications that referred to racial, ethnic, and religious 
        minorities in demeaning, stereotypical, and racist language;
Whereas Judge McDonald has declined to apologize for his conduct and sought to 
        explain such communications as private, despite the fact that they were 
        made during open court;
Whereas Canon 2 of the Code of Conduct for United States Judges cautions a judge 
        to avoid impropriety and the appearance of impropriety in all activities 
        to promote public confidence in the integrity and impartiality of the 
        judiciary, specifically noting in commentary that a judge's duty 
        ``applies to all the judge's activities, including the discharge of the 
        judge's adjudicative and administrative responsibilities. For example, 
        the duty to be respectful of others includes the responsibility to avoid 
        comment or behavior that can reasonably be interpreted as manifesting 
        prejudice or bias towards another on the basis of personal 
        characteristics like race, sex, religion, or national origin'';
Whereas the U.S. Federal Courts have a history of under-representation of women 
        and minorities, particularly African-Americans and Latinos, that raises 
        issue with regard to the fairness and impartiality of the judicial 
        system;
Whereas a recent Georgetown University study revealed that during the 1997-98 
        congressional term, 14 percent of white nominees failed to be confirmed, 
        while 35 percent of minority nominees failed to be confirmed; and
Whereas there are no African-Americans on the 1st, 4th, 7th, 9th, 10th, and 
        Federal Circuit Courts and no Hispanics on the 3rd, 4th, 6th, 7th, 8th, 
        and D.C. Circuit Courts: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) condemns the conduct of U.S. District Judge Alan 
        McDonald for bringing the appearance of improper racial, 
        ethnic, and religious bias upon the Federal Judiciary;
            (2) urges the Federal Judiciary to protect against the 
        perception of racial, ethnic, and religious bias within their 
        ranks; and
            (3) calls for the nomination and confirmation of candidates 
        to the Federal bench that reflect the diversity of American 
        society.
                                 <all>