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Posted: 7:34 p.m. Monday, May 21, 2012
By Jamie Dupree
In a battle over travel spending between the Judicial and Legislative branches, judges on the Ninth Circuit Court of Appeals pushed back against criticism from two Republican Senators who questioned plans for an expensive judicial conference in Hawaii scheduled for August.
In a statement issued by the court on Monday afternoon, a spokeswoman denied that the gathering was a waste of taxpayer dollars.
"As part of the Third Branch of government, the Ninth Circuit is fully aware of its responsibilities as a steward of public funds. The conference is authorized by law "for the purpose of considering the business of the courts and advising means of improving the administration of justice within the circuit." [§ 28 U.S.C. Sec. 333] The conference fully adheres to these goals, providing an exceptional educational program and the opportunity to conduct numerous business meetings that further circuit governance. Judges and other attendees take seriously their obligation to participate fully in the conference. Costs for lodging and air travel to attend the conference are comparative to those found at mainland venues. Any sporting and recreational activities are paid for by individuals and are not reimbursable."
That statement was ridiculed by a spokesman for Sen. Jeff Sessions (R-AL), who joined with Sen. Charles Grassley in demanding answers about the judicial conference which might end up costing more money than the infamous 2010 GSA conference in Las Vegas.
"9th Circuit doubles down on luxury trip to Hawaiian Tropics," was the subject line of an email sent to reporters, as Sessions spokesman Stephen Miller took repeated jabs at the judges and their plans.
"In an effort to justify the expense of sending hundreds to Maui to indulge in a lavish itinerary that includes catamaran sailing, snorkeling, and yoga, the Ninth Circuit offers that the activities themselves (unlike the food, airfare and lodging, are to paid for by the individuals who partake in them). This fact (discussed in the letter from RM’s Sessions and Grassley) of course misses the entire point: why are taxpayers in the middle of a fiscal crisis subsidizing a million-dollar conference at a beach resort so that attendees can indulge in tropical recreation? If the topics addressed at the conference are so rigorous and pressing, why does the schedule allow for so much R&R? Moreover, as the letter points out, judges will also receive a per diem that may exceed $400 dollars per day. Here’s the bottom line: is this conference from the Ninth Circuit being conducted with respect for the American taxpayer? And what message does it send during this time of grave financial duress?"
We'll see if there is an official response to the Senators from the Ninth Circuit on Tuesday.
I checked other circuits to see where they were holding judicial gatherings - Disney World was where the 11th Circuit met - but others were in seemingly normal gathering spots like Chicago or Kansas City.
But there was one circuit which decided to scrap the whole thing, as the Tenth Circuit, which includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, decided to just cancel their judicial meeting due to budget concerns.
In July of 2011, the Tenth Circuit issued this statement:
The United States Courts for the Tenth Circuit regretfully announce that the 2012 Tenth Circuit Bench & Bar Conference has been cancelled due to anticipated further reductions to the budget for the Judiciary. We recognize that the biennial meetings of our circuit’s judges and attorneys provide valuable continuing legal education as well as an opportunity to interact socially. We hope to resume holding these meetings when the Judiciary’s funding situation improves.
Jamie Dupree is the Radio News Director of the Washington Bureau of the Cox Media Group and writes the Washington Insider blog.
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