December 9, 1999
Judicial Conference Committee on Financial Disclosure via facsimile
Administrative Office of the U.S. Courts
One Columbus Circle, N.E.
Washington, DC 20054
re: Moratorium on Release of Financial Disclosure
Statements by Members of the Federal Judiciary
To the Judicial Conference Committee on Financial Disclosure:
We are an association of journalists dedicating to protecting the First Amendment interests of the news media. We wish to comment on the moratorium imposed by the chairman of the Judicial Conference Committee on Financial Disclosure barring release of federal judges' financial disclosure statements.
The media serves the public and the judiciary by revealing aspects of the judicial process through the disseminating of information. Courts have interpreted the First Amendment to protect not only publication of news but also the media's news gathering practices.
In 1978, Congress passed the Ethics in Government Act, which states in part that any member of the public can receive a copy of a federal judge's financial disclosure form. Therefore, any infringement on the lawful gathering of information about members of the judiciary contravenes the plain language of the Ethics in Government Act.
We acknowledge the legitimate concerns over security problems that may accompany release of too much personal information. But conjecture about potential harm neither justifies withholding information that helps inform the public about the judiciary nor outweighs the public benefit that accompanies abiding by congressional intent and releasing the financial disclosure forms.
Openness inspires confidence in our government officials; secrecy inspires fear of those same men and women. As James Madison said, "Knowledge will forever govern ignorance, and a people who mean to be their own governors must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy or perhaps both."
Here, the issuance of a secret moratorium barring the legislatively-mandated disclosure of information violates a legislative enactment, impairs the media's constitutional rights to gather information, and harms the public's trust in the judicial branch. We urge the committee to lift the moratorium and issue a strong public statement in support of the judiciary's willingness to abide by federal disclosure laws.
Respectfully,
Gregg P. Leslie
Acting Executive Director
Gregory H. Kahn
Legal Fellow
cc (by facsimile):
Members of the Judicial Conference Committee on Financial Disclosure
The Honorable William J. Zloch
U.S. District Court for the Southern District of Florida
The Honorable Garrett E. Brown Jr.
U.S. District Court for New Jersey
The Honorable Rebecca F. Doherty
U.S. District Court for the Western District of Louisiana
The Honorable Marvin J. Garbis
U.S. District Court for Maryland
The Honorable Helen W. Gillmor
U.S. District Court for Hawaii
The Honorable Richard W. Goldberg
U.S. Court of International Trade
The Honorable Joseph M. Hood
U.S. District Court for the Eastern District of Kentucky
The Honorable Marvin Katz
U.S. District Court for the Eastern District of Pennsylvania
The Honorable Tim Leonard
U.S. District Court for the Western District of Oklahoma
The Honorable Mary M. Lisi
U.S. District Court for Rhode Island
The Honorable Richard Mills
U.S. District Court for the Central District of Illinois
The Honorable Graham C. Mullen
U.S. District Court for the Western District of North Carolina
The Honorable Frederick J. Scullin Jr.
U.S. District Court for the Northern District of New York
The Honorable John W. Sedwick
U.S. District Court for Alaska
The Honorable Donald J. Stohr
U.S. District Court for the Eastern District of Missouri