Ninth Circuit Under More Fire from GOP Over Maui Conference

The U.S. Court of Appeals for the Ninth Circuit received bad press about its planned judicial conference in Maui in August after two Republican senators claimed the trip is too "lavish" in times of government austerity. Now, the circuit's top judge is getting hit again by Fox News and others in the media for his response to criticism about the trip.

Sens. Chuck Grassley (R-Iowa) and Jeff Sessions (R-Ala.) asked Ninth Circuit Chief Judge Alex Kozinski to justify the trip to Hawaii last month. In a 13-page letter to the senators, Kozinski defended the conference, writing that the conference is the most cost-effective way to conduct circuit business. It provides 500 judges, lawyers and court administrators a more engaging way to learn and exchange ideas than teleconferencing, he said.

Kozinski states that the circuit’s conferences are renowned for the quality and depth of their educational programs. And, they are authorized under law.

"The topics presented are timely and relevant, involving issues that already have or will soon confront judges and lawyers in the courtroom," Kozinski wrote. "It is the only event that brings together the bench, the bar and court administrators from all corners of our circuit."

In response, Grassley and Sessions called the Ninth Circuit "defiantly unapologetic," with "no indication of changing their financial behavior in the future." They went to "On The Record with Greta Van Susteren" on Fox News, and the story has been picked up across the country with headlines like, "Aloha Your Honor – Judges Plan $1 Million Taxpayer Funded Conference in Hawaii."

Only seven of the 12 circuit courts are having conferences this year, said Sessions, a lawyer.

"It's a time to get together. The judges like to do that. They like to invite lawyers and come together," Sessions told Van Susteren. "And there may be some benefit from that."

However, Sessions said, many judicial conferences are "totally irrelevant" to many of the participants there. What's more, he added, there are large portions of the day that are not filled with work sessions, and judges aren't required to take roll call, allowing them to engage in non-work activities.

Hawaii is part of the Ninth Circuit, which covers nine western states and two Pacific island territories. Information on the court’s website states that attendees will include judges from the Ninth Circuit, as well as federal district and bankruptcy courts; representatives of the federal bar practicing in these courts; court staff; and special guests, according to a flier posted on the court’s website.

This year's program features presentations on social media, mobile computing and data mining on the Internet, recent findings in sentencing policy, and anti-trust issues in the world of sports law, the flier states. Supreme Court justices Anthony Kennedy and Samuel Alito Jr. will also attend.

The senators point out in the letter that attendees have the option of staying at the Hyatt Regency Maui Resort and Spa for $230 to $250 per night, meaning that accommodations alone for the estimated 700 participants would total as much as $500,000, or more.

And the senators also highlight a list of activities not related to court administration: sport fishing, a golf tournament, yoga, surfing lessons, stand-up paddle board lessons, a Latin-style Zumba dance program, a tennis tournament, a day trip tour of Maui and a catamaran snorkel trip.

Comments

[Marc Fernich]

Most, though not all, federal judges that I appear before are the smartest people in the room by far. And they're grossly underpaid relative to the high-priced lawyers that practice in their courts, some of whom are just empty suits putting on a show for clients that don't know the difference. Given these realities, it seems to me that a publicly funded junket amounts to a comparatively modest stipend that most federal judges -- and their families -- well deserve.

[Leslie R. Weatherhead]

I served as a lawyer representative to the 9th Circuit Judicial Conference for a few years, and found it one of the most useful things I did as a lawyer.

While I don't fault members of Congress for asking whether this or any other expenditure makes sense (I would personally favor a focus on wasteful incarceration policies built into federal sentencing law) I would urge any who might be interested in this issue to actually read Judge Kozinski's letter. It makes the important point that to decide whether the conference is worthwhile, you have to consider the alternatives, including not having one, or having some kind of video affair that will not create the same dynamic. Kozinski does a very effective job of justifying the choice to have a conference (which, incidentally, is specifically provided for by a federal statute which not long ago was mandatory).

As for location, the 9th Circuit rotates conference sites around the states within the circuit, of which Hawaii is still a part. It is in fact no more expensive to get to Hawaii than to many other places within the Circuit.

[Booker T. Evans, Jr.]

I served as a Lawyer Representative to the Ninth Circuit Judicial Conference for three years and the served an additional three years on the planning committee. A large number of the conference attendees are not government lawyers and pay their own expenses. Among the topics covered in the years I served included ways to increase efficiency; how to streamline case flow given the volume of drug and immigration matters that come before the court's in our circuit; methods for overcoming language and cultural barriers in a courtroom setting; and, ways to insure that civil matters are given the attention due them so that they are not put on the back burner given the heavy load of criminal and immigration cases pending in our courts. We knew well in advance where the conference was going to be held and planned for it. The conferences had to be held in environments that were accessible, secure and that had the capacity to support a large group of attendees. I found the trip to Maui to be no more costly than the attending a conference in San Diego, LA, San Francisco or Seattle. As for the social activities, one of the most fascinating, humbling and informative days that I spent at any conference was one I spent on a golf course with Justice O'Connor. Also, the opportunity to informally discuss how individual Judges handle their courtrooms along with their expectations, has proved to be an invaluable tool for me and other lawyers in our firm. I would urge the critics to attend one of the conferences to get a first hand look at the benefits received by all who attend.

[B.J. Cutler]

Alex Kosinski in dueling letters with Jeff Sessions and Chuck Grassley? Do not expect Churchill and George Bernard Shaw, at least not on the Senate side.

Do you love it when United States Senators bark about unnecessary, expensive trips for irrelevant topics that are too "lavish" in light of this period of "government (I will say this slowly) a-u-s-t-e-r-i-t-y?"

Perhaps if they complain to Justices Kennedy and Alito, they will get a better sense of what "defiantly unapologetic" really means.

[Richard Friedman]

Sessions is still angry he was rejected for the bench. Jeff: get over it.