City of Philadelphia - File #: 020420

• File #: 020420
• Version: 0
• Type: Privileged Resolution
• Status: ENACTED
• File created: 6/6/2002
• In control: CITY COUNCIL
• Final action: 6/6/2002
• Title: Urging the United States Senate to reject the nomination of Judge D. Brooks Smith to the Third Circuit Court of Appeals.
• Sponsors: Councilmember Ortiz, Councilmember Goode, Councilmember Cohen, Councilmember Nutter, Councilmember Clarke, Councilmember Reynolds Brown, Councilmember Miller, Councilmember DiCicco, Councilmember Blackwell, Councilmember Tasco, Councilmember Mariano

Date	Ver.	Action By	Action	Result	Tally
6/6/2002	0	CITY COUNCIL	ADOPTED	Pass	14:3
6/6/2002	0	CITY COUNCIL	READ
6/6/2002	0	CITY COUNCIL	Introduced	Pass

Title
Urging the United States Senate to reject the nomination of Judge D. Brooks Smith to the Third Circuit Court of Appeals.
Body
WHEREAS, The nomination of Pennsylvania district court Judge D. Brooks Smith to the Third Circuit Court of Appeals in Philadelphia was voted out of the US Senate Judiciary Committee on May 23, 2002 by a vote of 12-7; and

WHEREAS, Judge Smith's nomination is opposed by a wide range of public interest organizations. Among the organizations that have formally expressed opposition to Smith's appeals court nomination are People For the American Way, Leadership Conference on Civil Rights, NAACP, Alliance for Justice, National Organization for Women, Community Rights Council, National Women's Law Center, NARAL, Earthjustice, ADA Watch Action Fund, National Partnership for Women & Families, Planned Parenthood, Defenders of Wildlife, National Employment Law Association, Committee for Judicial Independence, NOW Legal Defense and Education Fund, Disability Rights and Education Defense Fund, Feminist Majority, Friends of the Earth, Bazelon Center for Mental Heath Law, National Disabled Students Union, and the National Council of Jewish Women; and

WHEREAS, Judge Smith's membership in a discriminatory club, his failure for ten years-in violation of governing ethical standards-to resign from the club despite his commitment to do so during his district court confirmation hearing, and the contradictory explanations he has offered for his actions all raise serious issues about Smith's judgment, willingness to follow rules, and candor; and

WHEREAS, Ethical questions have been raised regarding a highly publicized bank fraud case involving millions of dollars of public school money. Judge Smith continued to preside over and issue orders in the case, even though the fraud claims implicated a bank at which his wife was an employee and in which he had substantial financial interests. Several years later, he took on a related case, recusi...