Attack Update: January 31, 2007

• The Radicals: Rep. James Sensenbrenner, Jr. (R-WI); Sen. Chuck Grassley (R-IA)
• The Attack: Representative Sensenbrenner and Senator Grassley introduced H.R. 785 and S. 461—the Judicial Transparency and Ethics Enhancement Act of 2007—a bill that would provide for an Inspector General for the judiciary.
• The bills would allow the Inspector General to conduct investigations of alleged misconduct in the judicial branch and to conduct and supervise audits of the courts.
• The bills grant the Inspector General the power to: make investigations and reports; obtain information from any Federal, State, or local governmental agency, or other entity; require, by subpoena or otherwise, the testimony of witnesses and the production of documents, enforceable by civil action; administer to or take from any person an oath, affirmation, or affidavit; and take various other investigative actions.
• The Significance:  The Judicial Transparency and Ethics Enhancement Act of 2007 is a potentially good concept that is extremely poorly executed. As the Act is written, the Inspector General, who would report to Congress, would be given a great deal of power that would enable the Inspector General to investigate and to intimidate unpopular judges. In addition, these powers are not (and possibly cannot be) sufficiently outlined in a way that could limit their potential for abuse. The judiciary is well aware that some changes need to be made in the judicial system, a recognition outlined in the September 2006 Breyer Committee Report, but these bills are haphazard and reckless by granting such broad and vague powers to the Inspector General. In fact, these bills would not even address many of the issues which, according to the Breyer Report, are currently facing the judiciary. A comprehensive solution is needed, but these bills are simply misguided and insufficient efforts to solve these problems.