America First Legal (AFL) has taken action by filing a formal judicial conduct complaint against three district court judges for alleged unlawful race and sex discrimination. The organization claims that the judges, Chief Judge Nancy J. Rosenstengel, Judge Staci M. Yandle, and Judge David W. Dugan, have implemented policies that grant oral argument time in cases based on a lawyer's sex and race. AFL argues that these policies constitute judicial misconduct and are in violation of the Rule for Judicial-Conduct and Judicial-Disability Proceedings 4(a), Judicial Code of Conduct Canon 2(A), and the Fifth Amendment of the United States Constitution.
In January 2020, Chief Judge Rosenstengel and Judge Yandle announced new policies governing oral argument in cases before them, with Judge Dugan following suit in October 2020. These policies were introduced with the intention of encouraging the participation of newer, female, and minority attorneys in proceedings. However, AFL contends that using sex and race preferences to allocate in-court argument time is unconstitutional and discriminatory.
Gene Hamilton, America First Legal Vice President and General Counsel, expressed concern over the impact these policies have on public confidence in the judiciary. Hamilton stated, "Americans must have faith in the impartiality of the judiciary – knowing that their case will have a fair shot before a court and that they will not receive unfavorable treatment because of the immutable characteristics of the parties before the court or their counsel." He went on to emphasize that such policies undermine the public's faith and confidence in the judiciary and called for their rescission.
It is essential for the legal profession to set an example for equal treatment and opportunity under the law, particularly for federal judges. The allegations of unlawful discrimination by these three district court judges raise significant concerns about the integrity of the judiciary. AFL's complaint aims to address these concerns and ensure that all attorneys receive equal treatment and fair consideration in the courtroom.