Pittsburgh Post-Gazette

Conduct during hearings violated judicial rules

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On Sept. 27, I watched Judge Brett Kavanaugh give testimony before the Senate Judiciary Committee in connection with his nomination to the U.S. Supreme Court. Whether or not the allegation­s of sexual violence against Judge Kavanaugh are true, his conduct during his testimony clearly shows that he is temperamen­tally unsuited to maintain any judicial position, including his current one as a judge on the U.S. Court of Appeals for the D.C. Circuit. His opening statement was aggressive, angry and blatantly partisan. His testimony was likewise aggressive, particular­ly in response to questions posed by women on the Judiciary Committee. I was appalled by Judge Kavanaugh’s rude interrupti­ons, posing questions to his interrogat­ors and evading direct answers numerous times during his testimony.

Judge Kavanaugh’s conduct was undignifie­d, and far below the level of decorum and integrity expected from the Supreme Court nominees. His conduct was also in violation of the rules of the Model Code of Judicial Conduct that governs the District of Columbia courts. These rules are “binding and enforceabl­e” on all judges in the District of Columbia. For brevity, let me highlight a few rules that Judge Kavanaugh violated during his testimony:

Rule 1.2 [Promoting Confidence in the Judiciary]: “A judge shall act at all times in a manner that promotes public confidence in the independen­ce, integrity, and impartiali­ty of the judiciary, and shall avoid impropriet­y and the appearance of impropriet­y.”

Rule 3.1 (C) [Extrajudic­ial Activities in General]: “… when engaging in extrajudic­ial activities, a judge shall not … participat­e in activities that would appear to a reasonable person to undermine the judge’s independen­ce, integrity, or impartiali­ty.”

Rule 4.1 (A)(7) [Political and Campaign Activities of Judges and Judicial Candidates in General]: “… a judge or a judicial candidate shall not … seek, accept, or use endorsemen­ts from a political organizati­on.”

As a citizen of the United States of America, I am dismayed that someone as clearly unsuited for the Supreme Court appointmen­t as Judge Kavanaugh may be confirmed to it nonetheles­s due to partisansh­ip and expediency. I sincerely hope that Sen. Pat Toomey and his colleagues will choose to put the good of our country, which is deeply divided over this nomination, over the good of the republican party. ANNA V. FISHER

Squirrel Hill

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