IV

106TH CONGRESS

2D SESSION H. RES. 416

Condemning the conduct of U.S. District Judge Alan McDonald for bringing

the appearance of improper racial, ethnic, and religious bias upon the

Federal Judiciary, urging the Federal Judiciary to protect against the

perception of racial, ethnic, and religious bias within their ranks, and

calling for the nomination and confirmation of candidates to the Federal

bench that reflect the diversity of American society.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 7, 2000

Mr. CONYERS (for himself, Mr. HASTINGS of Florida, and Mr. WEXLER) submitted the following resolution; which was referred to the Committee on

the Judiciary

RESOLUTION

Condemning the conduct of U.S. District Judge Alan

McDonald for bringing the appearance of improper racial, ethnic, and religious bias upon the Federal Judiciary, urging the Federal Judiciary to protect against the

perception of racial, ethnic, and religious bias within

their ranks, and calling for the nomination and confirmation of candidates to the Federal bench that reflect the

diversity of American society.

Whereas the House of Representatives should not countenance statements by Federal officials that evidence

prejudice or bias towards individuals on the basis of race,

religion, national origin, gender, or sexual orientation;
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Whereas official news publications have confirmed accounts

from staff members and attorneys stating that, during

official proceedings of his court dating back to 1990,

Judge Alan McDonald made or participated in numerous

communications that referred to racial, ethnic, and religious minorities in demeaning, stereotypical, and racist

language;

Whereas Judge McDonald has declined to apologize for his

conduct and sought to explain such communications as

private, despite the fact that they were made during open

court;

Whereas Canon 2 of the Code of Conduct for United States

Judges cautions a judge to avoid impropriety and the appearance of impropriety in all activities to promote public

confidence in the integrity and impartiality of the judiciary, specifically noting in commentary that a judge’s duty

‘‘applies to all the judge’s activities, including the discharge of the judge’s adjudicative and administrative responsibilities. For example, the duty to be respectful of

others includes the responsibility to avoid comment or behavior that can reasonably be interpreted as manifesting

prejudice or bias towards another on the basis of personal characteristics like race, sex, religion, or national

origin’’;

Whereas the U.S. Federal Courts have a history of underrepresentation of women and minorities, particularly African-Americans and Latinos, that raises issue with regard to the fairness and impartiality of the judicial system;

Whereas a recent Georgetown University study revealed that

during the 1997–98 congressional term, 14 percent of
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white nominees failed to be confirmed, while 35 percent

of minority nominees failed to be confirmed; and

Whereas there are no African-Americans on the 1st, 4th, 7th,

9th, 10th, and Federal Circuit Courts and no Hispanics

on the 3rd, 4th, 6th, 7th, 8th, and D.C. Circuit Courts:

Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) condemns the conduct of U.S. District

3 Judge Alan McDonald for bringing the appearance

4 of improper racial, ethnic, and religious bias upon

5 the Federal Judiciary;

6 (2) urges the Federal Judiciary to protect

7 against the perception of racial, ethnic, and religious

8 bias within their ranks; and

9 (3) calls for the nomination and confirmation of

10 candidates to the Federal bench that reflect the di11 versity of American society.

Æ