Chief Justice Rehnquist opined that "the search for greater public trust and confidence in the judiciary must be pursued consistently with the idea of judicial independence." He struck precisely the right balance. Judges should act in ways that inspire public trust and confidence, but they should not shy from unpopular decisions in order to court the public's favor. Conversely, the other branches of government and the public may demand that judges meet the highest standards of integrity, but should refrain from calling, as some have recently, for the impeachment of judges that issue unpopular rulings.

     Applied here, the Chief Justice's standard demands a ban on junkets for judges. The activist rulings of certain Reagan/Bush judges in striking down environmental laws are quite controversial and, in certain circles, extremely unpopular. These opinions alone, however, should not lead to calls for impeachment or attacks on the judiciary by the other branches of government. By combining these opinions with the acceptance of seminars in resort locations funded by the beneficiaries of this activism, however, the judges and the judiciary fail to uphold their end of the bargain. These trips give the public valid reasons to question whether financial ties have influenced judicial opinions. A judiciary seeking the public's trust and wanting to preserve judicial independence must avoid this perception at any cost.

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