News & Observer | newsobserver.com | Report doesn't dim backing for Boyle

Published: May 02, 2006 12:00 AM
Modified: May 03, 2006 08:44 AM

Report doesn't dim backing for Boyle

Judge accused of conflict of interest

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CORRECTION

A report on Page 5B on Tuesday misspelled the name of Raleigh law firm Hartzell & Whiteman.

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North Carolina's two U.S. senators, both Republicans, expressed support Monday for the nomination of U.S. District Court Judge Terrence Boyle to a federal appeals court judgeship despite a recent report that Boyle ruled on cases involving companies in which he held investments.

The report, by Salon.com and the Center for Investigative Reporting, said that since his May 2001 nomination to the U.S. 4th Circuit Court of Appeals, Boyle has issued orders in at least nine cases that involved five different corporations in which he reported stock holdings.

The report said those rulings -- whether favorable to the company or not -- represented a breach of judicial ethics.

A White House spokeswoman, Jeanie Mamo, acknowledged Monday that there appear to have been a handful of cases where Boyle should have recused himself since President Bush nominated him for the post. But she said Boyle did not participate in such cases intentionally and there is no suggestion he used his office for private gain. Bush remains supportive, she said.

U.S. Sen. Elizabeth Dole said in a statement that Boyle, a North Carolinian, has a reputation for applying the law fairly and impartially.

"His more than 20-year record as a judge has been thoroughly reviewed ... and all have found Judge Boyle to be eminently qualified to serve as a federal appellate judge," Dole said Monday.

A spokeswoman, Katie Norman, said Dole continues to be "strongly supportive" of his nomination.

U.S. Sen. Richard Burr said Boyle "has an impressive record of public service." A spokeswoman said the senator also remains supportive.

The Salon/CIR report highlighted a case involving General Electric's denial of disability claims to a longtime employee, Kenneth Bursell, who later brought a lawsuit.

The report says Boyle purchased stock in GE months before ruling in favor of the company in the case.

But the Raleigh lawyer who represented Bursell against GE said Monday that Boyle was not unfair to his client and that Boyle had indicated from the bench how he would rule in the case long before the stock purchase.

Andy Whiteman of Harzell & Whiteman in Raleigh said Boyle issued a series of orders in the case that were not favorable to GE, including the payment of attorneys' fees. Whiteman also said he would not have asked Boyle to step aside had the judge owned the reported amount of GE stock -- less than $15,000 -- when the case began.

"To say he would be somehow conflicted by that is, really, kind of silly," said Whiteman, who described himself as a "left-leaning" Democrat who only recently took a Kerry/Edwards bumper sticker off his car.

Some Democrats have fought Boyle's nomination over concerns he would issue unfavorable rulings on civil rights and disabilities cases. Former U.S. Sen. John Edwards, a Democrat, had successfully blocked Boyle's nomination.

Republicans are expected to push for a floor vote in the Senate soon on Boyle's nomination.

Staff writer J. Andrew Curliss can be reached at 829-4840 or acurliss@newsobserver.com.
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