[Congressional Record Volume 146, Number 9 (Monday, February 7, 2000)]
[Extensions of Remarks]
[Pages E70-E71]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DIVERSITY OF AMERICAN SOCIETY
______
HON. JOHN CONYERS, JR.
of michigan
in the house of representatives
Monday, February 7, 2000
Mr. CONYERS. Mr. Speaker, today I, Representative Hastings and
Representative Wexler are introducing a resolution condemning the
conduct of U.S. District Judge Alan McDonald for bringing the
appearance of improper racial, ethnic and religious bias upon
[[Page E71]]
the Federal Judiciary, urging the Federal Judiciary to protect against
the perception of bias within their ranks and calling for the
nomination and confirmation of candidates for the Federal Judiciary
that reflect the diversity of American society.
News agencies in Spokane, WA have confirmed accounts from staff
members and attorneys stating that, during official proceeding of his
court dating back to 1990, Judge McDonald made or participated in
numerous communications that referred to racial, ethic and religious
minorities in demeaning, stereotypical and racist language, including
references to Latino defendants and lawyers as ``greasers,'' an
African-Americans plaintiff as ``impo-tent'' and maligning Mormons, Jew
and Chinese for corrupt financial practices.
Rather than apologizing for any indiscretion, Judge McDonald has
attempted to explain away his offensive notes as private and
misinterpreted attempts at humor. Similarly, the Chief District Court
Judge William F. Nielsen has dismissed the impact of the offensive
notes on the minority community and failed to sanction Judge McDonald
for his conduct.
There should be no toleration of statements by officials of the
United States that evidence prejudice or bias towards individuals on
the basis of race, religion, national origin, gender or sexual
orientation. The actions of Judge McDonald undermine the promise of
integrity and impartiality upon which our Federal Judiciary is built
and expressly violate the Judicial Code of Conduct.
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 that a judge's duty
``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.''
At a time when minority candidates for federal judgeships are twice
as likely not to be confirmed as their white counterparts, this display
of bigotry raises issue with regard to the fairness and impartiality of
the judicial system.
The 4th and the 7th Circuit Courts have historically been all white
courts and remain so today. Further, there are no African-Americans on
the 1st, 9th, (which includes California), 10th and Federal Circuit
Courts and no Hispanics on the 3rd, 6th, 8th, and D.C. Circuit Courts.
The federal judiciary should reflect the diversity of American society
to protect against the perception of bias raised by the conduct of
Judge McDonald.
This Congress should stand together and condemn the conduct of U.S.
District Judge Alan McDonald for bringing the appearance bias upon the
Federal Judiciary and call upon President Clinton to renew his efforts
to nominate and confirm candidates for the Federal Bench that reflect
the diversity of American society.
____________________