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Technology Stocks : How high will Microsoft fly?
MSFT 461.24+0.9%11:45 AM EST
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To: Daniel G. DeBusschere who wrote (60445)8/9/2001 9:19:55 AM
From: Bill Fischofer  Read Replies (1) of 74651
 
After reading MSFT's petition for certorari (available at microsoft.com on MSFT's website) I'm convinced that this is not just a delaying tactic and there is a decent chance the Supreme Court will grant the petition. The crucial section of the petition is as follows:

The court of appeals held that the district judge’s secret discussions with reporters violated 28 U.S.C. § 455(a) and Canons 2, 3A(4) and 3A(6) of the Code of Conduct of United States Judges. (A118-19) These "violations were deliberate, repeated, egregious, and flagrant." (A119) The court further stated: "Given the extent of the Judge’s transgressions in this case, we have little doubt that if the parties had discovered his secret liaisons with the press, he would have been disqualified, voluntarily or by court order." (A128-29) As one judge stated at oral argument, "had he not placed that embargo, he would have been off that case in a minute."

This is an important question being brought before the high court for clarification. Is a disqualifying violation of judicial ethics less of a violation because it has been concealed?

Many will claim that MSFT is arguing technicalities, but "technicalities" designed to ensure the integrity of the judicial system are of fundamental importance. It is unfortunate that Judge Jackson behaved the way he did. It would be more unfortunate if such violations received the tacit approval of the judicial system.
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