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Taxpayer Assets Project
Crown Jewels Campaign - JURIS
November 9, 1993
- West Publishing calls for nominations for annual prize for
federal judges - 1993 "honor" will include $15,000 in cash
gift to federal judge.
- Publisher has made 14 previous awards to judges serving on
U.S. Supreme Court, U.S. Circuit Court of Appeals and U.S.
District Court
- Five members of the U.S. Supreme Court have served on
"selection panels" for West cash prizes to federal judges.
- West's involvement in Devitt award raises serious questions
regarding the ethics of federal judges receiving funds from
a firm that both litigates before federal judges on federal
copyright issues, and exercises considerable monopoly
control over dissemination of federal judicial opinions.
THE DEVITT AWARD
West Publishing, a firm with a remarkably close relationship
with the federal judiciary, sponsors a contest to give out annual
(and special) cash "gifts" to selected federal judges for
"distinguished service to justice." The award, which includes
$15,000 in cash, is called the "Edward J. Devitt Distinguished
Service to Justice Award," and is named after a former member of
the U.S. District Court of Minnesota.
According to West spokesman Mike Ebnet, West created the
Devitt award in 1982, in order to honor federal judges, who
"don't get any due at all," for their contributions to society.
Since 1982, 14 federal judges have been "honored" with the award.
A three member "selection panel," whose members are federal
judges, chooses the recipients of the award. Since 1982 five
members of the U.S. Supreme Court have served on the selection
panel, including justices Byron White, Lewis F. Powell, Jr.,
William J. Brennan, Jr., Sandra Day O'Connor and Justice Anthony
Scalia.
Since 1982 six District Court judges and seven Circuit Court
judges have won the "regular" Devitt award. Two "special" awards
were also given, including a 1983 award to U.S. Supreme Court
Chief Justice Warren E. Burger. (A complete list of judges who
have won the Devitt award is given below).
THE WEST INVOLVEMENT IN THE DEVITT AWARD
The West involvement in the Devitt award is extensive.
According to West officials, the company funded the award,
solicits the nominations for the award, sponsors an award
banquet, provides the publicity for the award, and publishes
brochures honoring the recipients. The following dialog during
the May 6, 1992 Devitt award banquet for District Court Judge
Hubert L. Will is from a West brochure.
SUPREME COURT JUSTICE STEVENS: Let me tell you a little
about how the members of the Committee go about the
selection process. A large number of nominations were sent
to Justice Devitt and to the West Publishing Company. They
prepared booklets for each of the nominees. The booklets
are filled with letters of recommendation describing the
contributions that the various nominees have made over the
years. . . .
Hu, I have something up here you might like to take a look
at.
DISTRICT COURT JUDGE WILL: Thank you.
CIRCUIT COURT JUDGE BAUER: The check for fifteen thousand
dollars and this beautiful obelisk.
DISTRICT COURT JUDGE WILL. My Oscar. It is a heavy Oscar,
I have to tell you. Another year and I might not be able to
hold it. . .
Obviously, this is one of the happiest moments of my life. .
. I only regret that Ed Devitt is not here to share this
happy occasion with us. When he, Justice Stevens, Judge
Holloway, and Dwight Opperman (Chairman of West) called to
tell me that I was the 1991 Devitt awardee, we had a joyous
conversation during which we looked forward to his making
the presentation and my accepting the award. When Dwight
Opperman and the West Publishing Company created the award
ten years ago, they know that each year there would be at
least two honorees, Ed Devitt and some other judge . . .
I used Devitt & Blackmar's Federal Pattern Jury
Instructions--Dwight, I want you to know that. . .
While West provided TAP with a number of details about the
Devitt award, the company failed to respond to inquiries
regarding how the "selection panel" was chosen, or if its members
received compensation. Supreme Court spokesperson Toni House
told TAP that she did not believe the members of the Supreme
court received honorariums for service on the selection panel,
but that West "probably" paid the members' expenses for
participation in the award, including travel expenses to the
award banquets. (Some of which are held in vacation resorts,
such as the 1991 award to Judge Browning, which was held in Maui,
Hawaii).
AWARD RAISES ETHICAL QUESTIONS REGARDING WEST INFLUENCE WITH
FEDERAL JUDICIARY
West has a controversial relationship with the federal
judiciary in the dissemination of federal judicial opinions. In
some courts, West or Lexis have been the only firms that have
obtained access to court decisions. West is the official
reporter for most lower court decisions, and most federal courts
require that lawyers use the West page numbers to cite cases in
legal briefs. West is also a frequent litigator in federal court
over its assertions of copyrights of legal information, including
its page numbers of published federal court decisions. Last
year, in a controversial move, the federal Judicial Conference
rejected a proposed non-proprietary method of citation that would
have vastly increased competition in the market for federal legal
information.
TAP raised these issues with West and Supreme Court
spokesperson Toni House. House told TAP that she thought that
there was nothing wrong with the award, since so many "reputable"
people were involved. House was told that TAP intends to ask the
Supreme Court to review the ethics of its participation in the
Devitt award, in light of the controversies surrounding public
access to federal legal information.
jamie love (215/658-0880; love@essential.org)
For more information:
West Publishing: Dorothy Molstad 612/687-7617
Dwight Opperman 612/687-7556
Supreme Court: Toni House 202/479-3211
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Appendix
Recent advertisement placed by West regarding
nominations for the Devitt Award.
Nominations for the twelfth annual Edward J. Devitt Distinguished
Service to Justice Award are now open. Any interested person may
submit a nomination. Entries should be in writing and should set
forth the nominee's accomplishments and professional activities
which have contributed to the cause of Justice.
The Edward J. Devitt Distinguished Service to Justice Award was
established to recognize the dedicated public service of members
of the federal judiciary. All federal judges appointed under
Article III of the constitution are eligible recipients.
[recipients are given below]
The honor includes an award of an inscribed crystal obelisk and
$15,000 made available in the name of Edward J. Devitt, longtime
Chief United States District Judge for the District of Minnesota.
West Publishing
Nominations should be submitted by December 31, 1993 to: Devitt
Distinguished Service to Justice Award, P.O. Box 64810, St. Paul,
Minnesota 55164-0810
The advertisement is copyrighted by West Publishing.
--------------------------
JUDGES WHO HAVE SERVED ON THE DEVITT
SELECTION COMMITTEE
Supreme Court:
Bryon White, Lewis Powell, William Brennan, Sandra O'Connor,
Antonin Scalia.
Circuit Court of Appeals:
Wilfred Feinberg, 2nd Circuit
Charles Clark, 5th Circuit
William Bauer, 7th Circuit
James Browning, 9th Circuit
Gerald Tijoflat, 11th Circuit
District Court:
Edward J. Devitt, District Court of Minnesota
Gerhard Gesell, District Court, Washington, DC
JUDGES WHO HAVE WON THE $15,000 DEVITT AWARD
Supreme Court:
Warren Berger, Special Award 1983
Circuit Court of Appeals:
Edward A. Tamm, DC Circuit, Special Award 1985
Albert B. Maris, 3rd Circuit, 1982
Joesph F. Weis, Jr., 3rd Circuit, 1992
John Minor Wisdom, 5th Circuit, joint - 1988
James R. Browning, 9th Circuit, 1990
Elbert Parr Tuttle, 11th Circuit, joint - 1988
Frank M. Johnson, Jr, 11th Circuit, 1984
District Court:
Gerhard A. Gesell, Washington, DC, 1989
Walter E. Hoffman, Virginia, 1983
Edward T. Gignoux, Maine, 1986
Elmo B. Hunter, Missouri, 1987
William J. Cambell, Illinois, 1985
Hubert L. Will, Illinois, 1991
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