Ethics Lapses by Federal Judges Persist, Review Finds

"These problems are getting worse, not better, and it's because the judiciary hasn't taken some simple steps to make them go away," Kendall said.

Thomas F. Hogan, chief judge for the District of Columbia and chairman of the executive committee of the U.S. Judicial Conference, which oversees ethics issues, said in a statement that the lapses, while regrettable, are the exception, not the rule.

"The judiciary will continue its already widespread efforts to educate judges on their financial disclosure requirements and will develop additional tools to assist judges in identifying potential conflicts," Hogan said.

Earlier this year, Sen. Patrick J. Leahy (Vt.), ranking Democrat on the Judiciary Committee, introduced legislation to ban privately financed trips for federal judges and make it easier for the public to identify stock conflicts. A Leahy spokeswoman said the senator raised the issue last month with the Judicial Conference.

In a statement, Leahy said, "Our judges must be beyond reproach -- in appearance and otherwise."

Stock Conflicts

The stock conflicts found involved federal appeals judges; the study did not look at conflicts involving the much larger pool of trial-level judges.

Some of the judges said they missed conflicts involving subsidiaries of companies in their portfolios. Others said they were confused by cases with multiple players or unaware of a spouse's assets. Federal law directs judges to know their financial interests so they can quickly resolve conflicts.

Judge Bruce Selya of the 1st Circuit in Rhode Island held up to $15,000 in stock in the Federal National Mortgage Association in 2003 while participating in a lawsuit against the company. Selya sold the stock nine days after entering judgment in the case.

Selya said he was unaware of the conflict until told by The Post, explaining that "anything that involves human beings is susceptible to error."

In 1999, a similar Post study discovered that Selya had participated in three lawsuits while owning stock in one of the companies involved. Selya blamed those problems on his investment manager, who the judge said bought stocks for his portfolio and only later supplied him with the company names.

Other judges whose disclosure statements showed that they had a financial interest in litigants in their courtrooms included Eric L. Clay of the 6th Circuit in Detroit, Martha Daughtrey of the 6th Circuit in Nashville, James Dennis of the 5th Circuit in New Orleans, John Coffey of the 7th Circuit in Milwaukee (two cases) and Harry Pregerson of the 9th Circuit in Woodland Hills, Calif.

Coffey said the securities in question were held in a trust overseen by his wife that primarily benefited their adult children and from which she had drawn money. The judge said he did not believe that he was required to withdraw from such cases but would do so in the future.