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kendal price
John Roberts' Wife Made Millions From Elite Law Firms, Major Companies: Whistleblower Docs
"It almost makes you wonder whether the Supreme Court of the United States is suffering a massive, systemic ethics crisis," said one critic.
Apr 28, 2023
A whistleblower from the legal recruiting firm Major, Lindsey & Africa says Jane Sullivan Roberts, the wife of U.S. Supreme Court Chief Justice John Roberts, was paid $10.3 million in commissions over seven years from her job as a headhunter at the company, where she placed attorneys with law firms—including at least one that argued a case before the Supreme Court after the placement was made.
Sullivan Roberts was paid the money between 2007 and 2014, having taken a job with the company two years after her husband was confirmed to the Supreme Court, according to a report out Friday from Business Insider.
The whistleblower, Kendal Price, said in a sworn affidavit in December that he believed "at least some of [Roberts'] remarkable success as a recruiter has come because of her spouse's position."
Price's complaint was reported on earlier this year by Politico and The New York Times, and Insider published new documents regarding the case.
"When I found out that the spouse of the chief justice was soliciting business from law firms, I knew immediately that it was wrong," Price, who worked alongside Sullivan Roberts from 2011-2013 at Major, Lindsey & Africa, told Business Insider. "During the time I was there, I was discouraged from ever raising the issue. And I realized that even the law firms who were Jane's clients had nowhere to go. They were being asked by the spouse of the chief justice for business worth hundreds of thousands of dollars, and there was no one to complain to. Most of these firms were likely appearing or seeking to appear before the Supreme Court. It's natural that they'd do anything they felt was necessary to be competitive."
Insider noted that a spokesperson for the Supreme Court told The New York Times in a prior statement that all nine of the court justices are "attentive to ethical constraints" and obey federal financial disclosure laws.
However, Price's whistleblower complaint was released weeks after ProPublica reported that Justice Clarence Thomas financially benefited for years from gifts from Republican megadonor Harlan Crow, and sold property to him—none of which was previously disclosed to the government as is required by law.
Earlier this week, Politico revealed that days after his confirmation, Justice Neil Gorsuch sold his share of a property to the CEO of a major law firm—and disclosed the sale, but not the buyer.
Sullivan Roberts' $10.3 million commission at her legal recruiting firm was listed as "salary" on Roberts' financial disclosure forms.
"The balance of Roberts' income did not come at a steady rate from a single employer, as 'salary' suggests," reported Insider. "It was paid by the deal and based on a sizable cut of her clients' salaries—a compensation model which varies from year to year depending on her ability to capitalize on her network. The ultimate sources of her income were the firms hiring Major, Lindsey & Africa-backed candidates. Their identities and the specific amounts that they paid Roberts for her services remain unknown."
Price called the justice's characterization of his wife's commissions "misleading."
"Characterizing Mrs. Roberts' commissions as 'salary' is not merely factually incorrect; it is incorrect as a matter of law," Bennett Gershman, a law professor at Pace University, wrote in a memo supporting Price's claims. "The legal distinction between these terms is clear, undisputed, and legally material. If the chief justice's inaccurate financial disclosures were inadvertent, presumably he should file corrected and amended disclosures."
Considering the recent reports on Gorsuch and Thomas, court observers suggested the latest news is more evidence that the Supreme Court is "suffering a massive, systemic ethics crisis."
\u201cMost of Jane Roberts' business comes through referrals: "Successful people have successful friends."\n\nIt almost makes you wonder whether the Supreme Court of the United States is suffering a massive, systemic ethics crisis. https://t.co/7cH3lBzlnO\u201d— Jonathan Guyer (@Jonathan Guyer) 1682707183
"What's the public confidence in a system," asked Joshua Dratel, an attorney for Price, "when the firms which are appearing before the court are making decisions that are to the financial benefit of the chief justice?"
Wife of Chief Justice Causes Latest Ethics Concerns at US Supreme Court
"It's clear that the ultraconservative justices in particular cannot be trusted to hold themselves to the same ethical standard as other federal judges," said one advocate, calling for congressional action.
Jan 31, 2023
Fresh calls for federal lawmakers to pass new ethics rules for the U.S. Supreme Court mounted after The New York Times on Tuesday revealed that a former colleague of Chief Justice John Roberts' wife raised concerns to Congress and the U.S. Department of Justice.
After her husband joined the nation's top court, Jane Sullivan Roberts left her job as a law firm partner to work as a legal recruiter. Though Roberts is now the managing partner of the Washington office of Macrae Inc., she and Kendal Price, the author of a letter obtained by the Times, worked as recruiters for the global firm Major, Lindsey & Africa.
"No wonder public trust in the Supreme Court is at an all-time low."
In his letter, Price "argued that the justices should be required to disclose more information about their spouses' work," the newspaper reported. "He did not cite specific Supreme Court decisions, but said he was worried that
a financial relationship with law firms arguing before the court could affect justices' impartiality or at least give the appearance of doing so."
As the Times detailed:
According to the letter, Mr. Price was fired in 2013 and sued the firm, as well as Mrs. Roberts and another executive, over his dismissal.
He lost the case, but the litigation produced documents that he sent to Congress and the Justice Department, including spreadsheets showing commissions attributed to Mrs. Roberts early in her headhunting career, from 2007 to 2014. Mrs. Roberts, according to a 2015 deposition in the case, said that a significant portion of her practice was devoted to helping senior government lawyers land jobs at law firms and that the candidates' names were almost never disclosed.
Patricia McCabe, a spokesperson for the Supreme Court, told the paper that all the justices were "attentive to ethical constraints" and complied with financial disclosure laws, and that the chief justice and his wife had consulted the code of conduct for federal judges.
The reporting comes after Justice Clarence Thomas—one of the Supreme Court's six right-wing members—ignored calls to resign over efforts by his wife, activist Ginni Thomas, to help former President Donald Trump overturn the results of the 2020 presidential election. It also follows a September survey showing that U.S. adults' confidence in the court hit a record low.
"No wonder public trust in the Supreme Court is at an all-time low," Brett Edkins, managing director of policy and political affairs for Stand Up America, said Tuesday. "Jane Roberts is just the latest Supreme Court spouse to raise questions about potential conflicts of interest and influence peddling before the nation's highest court."
\u201cThe Roberts Court is corrupt, illegitimate, and undemocratic\n\n\u201cI do believe that litigants in U.S. courts, and especially the Supreme Court, deserve to know if their judges\u2019 households are receiving six-figure payments from the law firms"\nhttps://t.co/meehrlhwgf\u201d— The Debt Collective \ud83d\udfe5 (@The Debt Collective \ud83d\udfe5) 1675199600
Edkins argued that "while she did not join a seditious conspiracy to overthrow the government, as Ginni Thomas did, her actions may nonetheless undermine Chief Justice Roberts' impartiality when his wife's clients argue before the court."
"It's clear that the ultraconservative justices in particular cannot be trusted to hold themselves to the same ethical standard as other federal judges," he added. "It's time for Congress to step up and pass meaningful reforms to fix the Supreme Court, including a code of ethics that would require justices to recuse themselves from cases where they have an actual or apparent conflict of interest."
In a Tuesday tweet, U.S. Sen. Elizabeth Warren (D-Mass.), lead sponsor of the Judicial Ethics and Anti-Corruption Act, pointed to the reporting as "example #4,394 of why the Supreme Court needs a binding code of ethics."
Senate Judiciary Chair Dick Durbin (D-Ill.) did not say how his panel may respond to Price's letter but told the Times that it raised "troubling issues that once again demonstrate the need" for ethics reforms to "begin the process of restoring faith in the Supreme Court."
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