SUNDAYTaT€fI 5/1995

U,S,fusticestooktrips

fromWestPublishing

-{i .a,x.

U.S. Supreme Court justices 'and federaljudges accepted luxurious trips and otherbenefits from West Publishing Co. during aperiod when they made decisions, on and offthe bench, worth millions to the Twin Citiescompany.In the tast decade, West has been drawn into biner battles withcompetiton and public-intercst advocatcs who are challenging itscontrol over key elements of legal publishing" An examination ofcoun records and judges' papers from this period shows a riang,eof gifu rcccptcd by llderal judges from a company tbat ir both amajor contrrtor and a litigant in the courB:

IScven Slpremc Court justiccc took triF at Wcst's expcn$ tohelp sclect the winner of a S15,000 cashaward that West bcstows on a federaljudge each year. The meetings some-times were held at locations rgcom-mended by thc justiocc includiag OcVirgin Islands, Florida and CaliforniaSincc 1983, the court dcclincd to rcviewtivc cascr that lowcr courts had decidcdrn West's favor - including two copy-'n3ht matten of high imporrancc to thcrompSOl.

I One appcalr coun judgc acccated tllcS 15,000 award whilc scnriog on a panelthrl rr6s prcparing to issuc ao opiaioniu a West copyngbt casc from Texas.Other lbderal judger with jurisdiction.r1s1 \\'t'sl crsc: rccepted VIP golf tour-''rmcnt trclcts or attcnded rcccptton3l.rrd tbr by thc publirher.

lOutridc the counroom, judgcr whorecsived bcncfiu from Wert participatcd in &libcntioor ovcr spcnding mil.lronr in I,overnment moncy for thcgublishefr products. And tbcy hclpcdsct policics afrccting lhc lcgal publish-ing industry in which Wcst is fi8btin8to hold its positiou

Thc justiccs and judgca who were will-ing o discnss tbc oattcr with thc StarTribunc said thcre q6 ssrhirlg illcgrlor improper about anything ihcy r+ccivcd from Wcsr

But somc lcadiry lcgal ethiciss qucs'tioned whcther thc jurists rdhcred toethics codes and a fedcral law requiringjudgcs to disquali$ themsclves in cascswhere tbeir impartiality migbt reasoo-ably bc qqcstioncd Otber cthicists sawno viohtioo of thc law or thc oodcr butsaid it 'vas ill-edvisod for judgo toaccept cxpensive tripc and casb awardsfrom a company with rc much at sta&ebeforc the court$

West clearly broke no laws in makingthc gins And West officials said thatthc company has donc nothing wrongand that its practiccs are no difrcrent&om thosc of is compctiors

Erhicists sai4 however, tbat West'sccnturyold status es yirnrally an unoF

Continucd on pagc l5A

Continued fmm page lA

ficial arm ofthe federal courts demands newscrutiny in this time of glowing competitionand hcated debate over is business practices.

And scvcral of West's opponcnts in thc-courr said their trust in the impartiality ofthe courts has becn shakcn.

The iusticcs made the trips in the last decadeto hilo sclect the winner of a judicial awardWest Lsrablished in 1982 in honor of JudgeEdward Devitt, the sincedeccascd chief ofMinncsota's Heral bench.

Sincc the award program's inception' scveniustices - four still on the higb court - haveoarticioat6d. - a-cceDtinS, travel provided byWesl They are Justices Sandra Day O'Con-nor, John Paul Steven$ Antonin Scalia and-

Anthony KennedY andllfrraa\rrnre now-rctired Justicest:TY.Y::5- Lewis Powcll, BYronTtlE LAW f White and William

q Brennan'-tr-'::'iill' Devitt's corresPondence:; nflL with the justices, re--7 ..,.iill viewed at the Minnesota

+ L?ffi- Historical SocietY, shows. ' .+I' that the settings were

luxurious and that muchWest fublishing of the meeting time was

and fre courts devoted to sgl[ .tennisand other soctahzrng tor

the committee members, West executives,sDous€s and friends. One judge who atterdeda mecting held this year at New York's FogrSeasons

-hotel rcpdrted spending just sixhours on subctantive comrnltlec busrDess

during a threc-night sraY.

Atl seven justices declined rgpcltd requestsfor interviews, but Scalia said in a lett€r. tothe Star Tribune: "The Devitt Award has

been orescntcd for a number of years to anindivibual who has brought honor and dis'tinction to thc lderal bcnch. A memb€r olitrii coun has, I believe, always bccn one ofthe members of the sclection panel; at leastsix of my colleagues or predecessors havescrved in-that capacity. I do not bclieve, notto my knowledgi hasany of them be-lieved,that that service requires dlsquahncatlonfrom matters involvind West Publishing Co."

Powell also wrote a letter, saylns "That com-oanY tWestl bas bccn of Sreat importance toitrc iirat profession and to leeal schotar3. Iwas proud to sclc on the Devin AwardCommittce."

West President Vanc€ Oppcrman gavc rhe

Star Tribunc a one-hour intcrview in No-uemUer. but he and other West exccutivesirave Obctined to discuss the newspapecsmote recent finding5 exoepl! in written .an-

swet! to written questions Cbairnau Dwubtdo;rman nn int a letrcr to west employ-e*-;d retirecr on Feb. 23, warning themthat the company has become a locus ol"iiiail-

-ioutnritisri " and promising " hel pful

tios" oi rcbutting thc ne*cpaper's reportwith letters to thc editor or "among your

Wno owNsTHE I.AW?

,a.l

',/est fuUishingand the courts

By SharonSchmickle.ind fom

Harnb.rgerrVashrogldr Buroau

Cort€sporidonl!c t9g3 Str. tro|'r.

Today'sreport

lArevie$rof theius-tices'trips. l&174lAnappeals judge

receivesWest prize,

before court issues rul-ing favorable toWest.184

lCommentsfromethics experts. 194

IWest's perspective.

194

MondayDisputes are ragingoverrules and policyin legalpublishing. In

these banles. Westhas sought the support ot officials in highpositions -officialswhosornetimesreceived valuable con-tributions from thecompany.

conlacls in the communitY."

lmiartialityThe'American iystem of justice gives fbderalludges their jobs for life to help assurc theirimpartiality. Yet thesc ludges acccpted grfisof a typc that have caused scandals for mem-ben ofCongress and the Cabinet.

"lt seems that they went to high-priccd resorrareas at an optimum time of year, first class,"said Stephen Gillen, a law professor at NewYork University and an expert in judicialethics who was asked to comment on the StarTribune findings.

"l put mysclf in the position of the opponentof rhe sponsor of those trips. A judge has tosay, 'Supposc a cas€ comes before mc inwhich my benefactor is a party. Will. itsopponent be conccrned? I bclieve the answerwill often bc'yes."'

The justices went courtesy of West to exclu-sive iesorts: Caneel Bay on St. John, VirginIslands; the Ritz-Carlton in Naples" Fla; theParadise Island Resort & Casino in the Baha-mas; the Marriott's Rancho I as Palmas inPalm Springr, Calif.; thc Breaken io PalmBeach, Fla, and other locations in Hawaii,California and New York City.

In a letter to the Star Tribune. spokeswomanRuth Stanoch said West is not alone inproviding recognition for the judiciary andnamed 2 I other awards judges receive. Of theorganizations rcsponsible for the awards thatwere listed, the Star Tribune-was able tocontact 19 and found none that included adirect cash pnze to the recipient and noncthat was dlftctly adminisrcred by a corporarcsponsor.

Federal rules allow judges to accept awardsrecognizing their achievements. West said itsaward "complies with all applicable lawqregulations and codes. Were this not true,questions as to its propricty would have beenraiscd frars ago by thc judiciary itself,"

When the Star Tribune inquire4 some mem-ben of the judiciary questioned whabcr theywould acccpt rhe award or trips associatedwith thc award whih onsidcring cases oradministrative qucstions involving Wcst

"lt's something I need to think about " saidChief Judge Richard Arnold of the EighthCircuit Court of Appcds, chair of thc budgetcommittee for the judicial branclr" Arnoldservcd this )cer on thc Devin pancl, whichmet at the Four Scasons hotcl in New Yor.t

If a West casc came to his court aftcr hisservicr on the Devitt comminee. Arnoldsaid, he would consider disquali&ing himsclffrom the casc or disclosing his rclationship tothe company.

Membcrs of the Supreme Court who aept-ed uipr more cxpensive than that amrdedArnold neither disqualificd themselves nornotitid the litiganb ofthe travel.

West and some of the Heral judger involvcdcire rules that permit judgcs to aooept rc4nn-able travcl cxpcnsc for themselves and theirspolxicrs to attcnd acdvitica thaf imprrOve the

law.

But ethics experts said that holding thesemceting at erclusive lodgings paid for by acourt contrastor and litigant goca too far.Gillen pcc! thi3 analogtrt The rules alsoallow judger to accept complimenUry lawbooks from publishcn. but that docsn't meanthey can acccpt books that are bound in gold.

"Imagine someone coming along and offeringyou a dream vacation. It seems to me that ajudge has to be suspicious when the donorhas busine3s in or with the court," Gillensaid.

Federal law requires that;udges safeguard theapp€annce of impaniality. Justice Stevcns.who accepted West-paid trips to the Bahamasand Florida declined to comment for thisarticle. But in a 1987 decision. he interpreteda scction of the U.S. Code that prohibitsjudges from hearing cases in which they maybe partial.

" ... Peoplc who have not scrved on thebeach arr often all too willing to indulgesuspicions and doubts oncerning thc integri-ty ofjudgcs. The very purposc of[the prohi-bitionl is to promorc confidence in the judi-ciary by avoiding cven the appcarance ofimpropricty whcnever possible."

Oncc judges acccpt gifts, ethics rules say theyhave an obligation to consider disqualiffingthemsclves from cases involving their bene-factor. The overarching standard in the CodeofJudicial Conduct says a judgc should dis-CuaIry himsclf or hersclf in cases in whichthe judge's impartiality "migbt reasonably bequestioned"

"Looking at the standard s€t by the disquali-fication statute, I think the judges probablyshould not have participated in a significantdecisioa involving West at a time when theplanning for a rcsort trip was in process,"said Steven Lubet, a professor of law atNorthwestcrn Universiry.

On tbe other han4 Geoftcy Hazard Jr., lawprofessor at the University of Pennsylvania,said: "I don't think the judges violarcd a rule.I'm surt thcy don't think thcy violated arule."

ln the mid-198&, U.S. District Judge HarryMacLaughlin disqualified himsclf from acopyright casc involving West in Minnesota'sfederal courr. Hc did so becausc hc had"bccome acqu'intcd with rcmc of the officcrsof the company at various cvcnts over theyeara" hc said througb a scctrtary.

Yet Supreme Court justiccs who acceptdtravel that included socializing with West'sexecutivcs did not disqudiry themsclves.

And a justice who acccpted bencfits fromWest Biicd to moet another cthics obligation:Fderal rules require them to disclose giftt,travel rcimburscmeot 8nd enErainment theyand thcir spousc! rective from anyone out-sidc thc govcmment.

Justicc O'Connor did not disclose altythins;6ui;;c ;ithc west-tund4-qrps she tookiJ?-tiriog in California When thc Star

i-;tunC inqiired about it last weeh a couqr1Jiiil6"iio t"id'The justice and herstaff;,ffi-it;ilii.d-itrit ttre is90 trip has beeS

"iiiitJiion her financial disclosure form' It

irt6,iiO n""e been included- They try to be

lon*i"otiout abut reporting everything and

irrJii imrreaiarcly sending an amendment.tothe proper authorities to correct tneovqrsight."Several lederal judges revealed only sketchydetails on their annual disclosure forms, say-ing that they accepted trips involving theOedtt sclection committee or the DeYittaward but not naminS, West as the sponsor.

A qlimpse insideUnli'ite tht executive branch. where inspec'tors general review conduct in Cabiner agen'cies.

-thc federal courts run themselves with

little oversight. The hallowed concept of separation of powen kceps Congress ht a dis'unce. The Frcedom of Information Act,which permits public access to a wide rangeof government rccords, specifically exemptsthe judicial branch. And reporters rarely in'quire beyond the cases before the couns.

But a peek behind the curtain - made possi'ble throuSh a review of Devitt's papers -reveals an eagerness ofjustices and judges toaccept benefits offered by West.

"As to where the next meeting of your Com'mittee is hel( Canecl Bay is a placc my wifeJo and I always have hoped to visit," JusticePowell wrote in a March 1984 lettgr to Dev-itt. Within weeks, West put such plans inmotion.

The Powells, thc Devitts and another judgeand his wife joined West's president andCEO at the time, Dwight Opperman, and hiswife for a trip to the exclusive resort in theVirgin Islands the following aulumn.

A guidebook describes the resort as "a crossbetween that ofan exclusive country club anda genteel island plantation . . . where priyacyand peace prcvail, crowds are unheard ofandthe hassles ofcivilization arc left outside thefront gate." Today, double-occupancy roomsrange up to $615 per night at Caneel Bay.

When urging Justice Stevens to become asclcction-committee member in 1990, Devitt$,rote: "I feel surc you will enjoy it. In thepast we have met for scveral days in lateianuary or early February. We have met inPalm Springs, the Virgin Islands, Palm Beach

fandl Naplcs, Florida and this month we met'in Bit Air. Cdifornia It makcs a nicc b'reakand rhc rcsponsibilities arc not too bur-densomc."

Often Oonerman wrote to thc justiccs direct'lv to refo-ind thcm that Devin committeerircmbcn travclcd first+las$

Courting ffie courtsJudges througbout the country have come toview West as an unofficial arm of the courts'as it prints some 60 million tlooks and pam-phlets eath year. The company is highlyrespected not only for the volume of itiprcss€s but also for the qudity of its work asit prints $e laws and sclecs and edis rhecoun opinions that lawyen and judges relyupon to argue and decide cases.

West and its major compctitors bave fundedj_udiq-ial branch activities through the yearsBut West stands apan in its generosiry. TheEagan-based company has bestowed $5,000annual awards on law libranans and spon-sored all+xpensc-paid conferences in SanFrancisco and New Orleans for court infor-mation offccrs. Like its major competitors,West has underwritten legal scminan that areattended byjudges.

Sometimes West's gifts have been individualacts of kindness: The company provided lim-ousine service and an escort for ajudge fromSouth Carolina who needed to travil fromthe Twin Cities to the Mayo Clinic in Rocb-€ster, Minn Sometfunes the gifts have beenparties, Snch aS tbe nry,.:pfap"-rllrcr has rpon-soreo lor severar yEars at the luorcrar sonter-ences in the U.S. Eighrh Circuit Court ofAppeals, which includes Minnercta and sixother states.

There_ is irt work the company has commis.sione_d, such as bronze busts h6noring retiredChief Justice Warren Burger. Theri is thegratis printing of histories of the couns inMinnesora and South Dakota.

Ad$ t9 that small gifts the company provides!o J-ugges: Many of them, such as personal-ized law books and calendars. arent consid-ered a problem by erhicists conucred by theSur Tribune.

The Devitt award was established while Westwas under thc command of Dwight Oppcr-man. Now West's chief exccutivc officci'andboard chairman, he declined to be inrcr-viewed by the Sar Tribune.

In 1993, his son Vancc, a promincnt Minne-.apolis attorncy, replaced him as president

Vance Opperman agrecd to a one-hour inter-view in Novembcr, but declined reoent rc-qucsts for interviews

Tbe company trice *to be responsive tojudges".in rhc samc way irs comietiton are,he said in November. "Let me pu ir this ualifor. you: I'm a trial lawyer. I d,pcnt 25 yearitrying cases, generally in (Heral court. I'mthe last pcrsgn in the world" maybe by train-ing or even by genetics, to antagonize ajudgc... My dad's a lawyer. Most of our pcoo-iellcr" ary lanrycrs. We'd bc tbe last peoplc-inthe world that would not want to hivcioodrespcctful relationships with the @urts.--

Indeed, ethics experts said it is the iudces-themsclves who are responsible for m6nit6r-,:ng.rhe.propnery of accepring gifts from alegat puDttsher or other donor.

Wesl's spokeswomatr said thc company's ac-tivities are intended "to educate pcoplc aboutour company and our products and aboutlegal issucs'to promorc tbc legal profession,and to houor excellence."

Its bchavior is no different &om that of irsrivals in tbe competitive world of legal pub'lishing shp said- " ... you should be veryclear on the point that ow competiton do thesame thirSs that you ascribe to us"

West's compctitors have fundcd activitics forlaw librarians who are govemmgnt employ-ees. And thcy have under*nitrcn evcnts forprofessional groups, such as bar associations,that are attended by judges. But West's larg-est competitors, LEXI$NEXIS and Thom-son Publishing say they do not provide anydirect benehts to judges.

LEXI$NEXIS cndows an award lhat judgprare cligiblc to reccive bur keeps the sclectionpr@ess at arms leng$ by giving adminktra-tive responsibilities to a nonprofit profcsion-al organization, the American Inns of CourtFoundation.

In the darkSincc thc Devin award was ctablishcd in1982, many of West's battlec business andotherwise, have ended up in court Sincc1985, two individrials, a city, a $arc and acompany have asked thc Supremc Courl toreview decisions lower courts had made inWest's favor. All thosc rcquests were denie4leaving West the winner.

The decisions may have bcen in keeping withthe merits of each casc. Still, the selection-commitrce trips "disturb our scDsc of confi-dencc in the result"" said Gillen, the ethicsexpert.

west's. opponents chose stronger words.'Tba! just brcaks my hcart Thafs awful,"said Donna Nclson. C former Texas assisrairtattorney general who askcd fedcral courts alFthe way up to tbe Supreme Court to rule rhat.thc slatc of Texas - not West - ownedrigbts to the arrangemcnt of the statc's laws.Teras lost.

Onq judge oa thc three-member appeals pan-el that ruled against Texas was Jbhn MinorWisdom, who accepted the $15,000 awardaftcr hcaring Nelson's argumcDr and before$c pary!issued irs rulint Askd about that.Judgc Wisdom said that dany judge wonh hissatt wouldn't bc inllucnccd bi rha facr rhar irwas West Publishing Co."

After losing at the appellate level, the srateappealed to the U.S. Supreme Courr. There,threc justiccs who rcccived Tcxas' petitibnhad takcn trips at West's cxpensc

Tbc Tcxas casc was one of scveral copyright-suits West fougbt in federal courts aflcljudges andjustices took trips and other benelits from fte company.

The electronic marketWest's most significant victory was a land-qqk copyright casc against Ohio-basedMead Data Cenrral Inc.

West had long been the leading publisher ofOe bound books that had been rhe srock ofthc industry for more than a century. BurMead surged forward io 1973 by launchingL_EXIS, q computerized legal rescarcb sysrem.West followed with WESTL"A,W. By rhi mid-198&, thc electronic market for which theycompeted was estimated at $200 million andrising rapidly.

Tbe court battle started in 1985 after Meadannounced that LEXIS would include num-.!s6 linking information on the computer

I scBO€D Wrth pages in law books published by.WesC Thc iumben are imporianr becausihgat rcscarclcrs are rcquired-to support theirrwitings by citing cascs and West's books areftequently cited.

West filed iu lawsuir against Mead in Minne-sota and it was assigned to the newest mem-ber of the bencb, Judge James Rosenbaum.Becausc of thcir ties to West and its execu-tivcg Roscnbau'n said, "each judge who hadbccn on the court for somc time rccalls thar'.$cy would havc [disqualified] themsclvef :

from hearing lhe casc.

Eventually, the companies negotiated a secrersettlemetrt in Rosenbaum's chambers. Meadreportedly agreed to pay West a fee for usingtbe page-numbering system over which Westclaimed to bold a copyrigbt- Sincc then, noother company has successfullythallengedWest's copyright claim.

After the agrecmetrt, Rosenbaum retainedjurisdiction over scttlement of the Mead case.'Meanwhile, another dispute between Wesrand onc of its competitors, Bancroft-WhitneyCo.. was rransfened from Texas to Minneso-ta and assigned to Roscnbaum.In 1991, witb borh cases under his jurisdic-4gn, Rosenbaun accepted West's bffer ofVIP tickets to thc U.S. Opea golfrournamentin Chaska that dso were good for meals inWest's hospitality tent, transporration andrelated golfi ng activities.

l'!he golf tickets aren't likely ro be seen asinllueot:,|, but when a judgd is actually sit-ring on a casc he needs tb be scnrpulousa$ul not acoepting gifu that would be per-missible at other rimcs." Gillen said.

Judges can accept ordinary social hospitality,said kslic Abranson, a law professor at rheUnivenity of Louisvillc. But "to me, the golftickets are not ordinary social hospitality," hesaid. In accepting thc tickets, Rosenbaum"may well bc glving an objectivc observensome rrason to question his impartiality."

Roscnbaum said thc parries in the lawsuithad advr-scd him before he took the ticketsthat thc Bancroft-Whitney cas€ was likely tobc scttled (It wasn a month after the tourna-mcnl) And hc pointcd out rhat hc had fistedthe tickets on his disclosure report for thatyear. "I took my mother-in-law to this event.I harc go[," Roscnbaum said.

Behind cbsed doorsWhat conQerns ethicists more is the behaviorof the Supreme Court in the case of lt{eadand four other litigants who sought review ofcascs they had lost to West.

At a critical juncturc of thc Mead lar*:uig-Roscnbaun issued a prcliminary rulint.fa-,voring West Mesd failcd to get thc rulingi.reverscd at thc Eigbth Circuit Court of Appcals and then petitioned the Supreme Coun.

On Jan. 23, 1987, the justices considered theMcad pctition at their weekly closcddoonconference. Thcre are no public records of,thcsc mcctings. And thc aourt acoepB fe*rrrhen lQQ of tbe 5,000 pctitions it receivcs:each ycar. But at least onejusticc thouglrt theMead casc warranrcd a hcaring and it wacplaced on thc "discrrss list" for the confer-ence, according, to papers of the late Justice:Thurgood Manhall.

While actively considerc4 it did not draw thefour vot6 needed to bring the casc before the,full courf On Jan. 27. the court announcedtbat tbe Mcad pctition was rejcctcd.

Onc week aftcr rhc dccision was announced,.Justicc Wbite was off to a Devitt sclection-committec mccting with Devitt, Dwight Opperman and other West cxccutives and theirwives at a resort in California. And JusticeBrennan was making plans to travel with hiswife to Hawaii courtesy of West the weekaftcr that A few years beforc, Justicc Powellhad bcen to Caneel Bay with his wifc courte-sy of West.

"This itrikes me as excessive for judges orany other public oflicial," said Jeffrcy Sha-

' maD, an expert in judicial ethics at DcPaulUnivenity. "But I tnrst that the judges woulddisquali$themsclves if West was litigatinginfront of thcm."

A'case study:Travelinq on West's tab :

--decidi-ng its legal fate

West Publishing Co. is a S600 million enterprise thathas dominatedparts of the legal publishing industry for decades. Wth manersbefore them tnat coutO afiect west's bottom line, numerous federal

judges - including sanen U.S. Supreme Gourt iustices - have'accepted

the Minnesoa-based frm's largesse, includlng lavish trips

to exclusiva resorls and cash awards. Here's a look at Wesfs deal'ings with one iustice:

. ac La lr!9a-i. . +c!o..'t o Lb. bot.l (.boit o|r. b.lt t {rl.

cqrr.taa Et soa rla'{.....----!t-.-t

A suggestlonSoon aher the Caneel Bay trrp, Powellrecommendad where th€ committegshould meet next. ln an October 1984lett€r to Devitt (excerpted above) Powellsuggested a hot€l in Pdm Beach, Fla.

The second tripIn January 1986 Powell and his witeheaded to Pdm Beach; West paidtheirtavel and lodging expenses.. .

After tho trip, Porell wrote West'schief executive, Onright Opperman:"lt was obvious that Jo and I

enloyed the gatering.i'

alstDGt

llr. olt aq.tlr. .lqtt lar.ll lr tl.t n srli !rrr.t tq,. rrlt-.l-ifol||- aata. Iltl tdtaE.ooClc.. I CqrLllt ttt. htr qr ltL ttbao.r' bm.t -Dr.l.r.Dlt tL,alstr*.r oa tt. '- dt."rttn tit =rtJrcd Eha. *rrt lr trll tr tL lr.&.!a Dt l'r! fr|r fd &-A t!.A-t r, Ep.rt€ tElllt!.., d dtD3af!| r{' lrts..tltl . 'tnbl. t 5 d tUrc.. to ... - trrtlafrrtt ao. rs L.al.a.

Powell wtro'ssrved on theCourt until 1987, accepted an

in 1984 to help choose th€ winnsrEdward J. Devitt Distinguished

"Serrrice to Justico Award' a $15'000sponsored by West. At Powell's

ion, West held the meeting atCaneel Bay, an exclusiva r6ott in theVirEin lslands, and picked up the tabfor the iustice and his wife, Jo.

ThecaseC:-aroDuring this pedod Powell partldpat'ed in three docisions itwoMng West.In each instarlco, theiustices, me6l'ing behind closed doors, declined toreview lower-court rulings thatfavored the company.

Star Tribune G6phic / Gmgory A. Branson

A profile ofWbst Publi5hingHeadqusrters: ea(;an; wm editorlal olng"ianA triining ceile6 around the United States'

OYmershlP: Privately held.

Employees: About 4,500 in the Twin Cities

arei aliO 1,Sff) elsewhere ln the UnitedStatgs,..' .lt .: .* '

Ortqlne: Started in the 1870s in St. Paul byUrolners John and Horatio West, who pub-

lished a weekly newspaper of court opinions'

Buslness: West says it Prints nearly.60 million

books and pamphlets yearly' as w9!L11.t{?:.ROt,t etecttbnic'legal libraries. lts WESTTAW

seMce is one of the nation's leading sources

for comPuter legal research.

DwightOppermanChairman and chielexecutive

OppermanPresident

The West Publlshlng bulldlng In Eagan'

Vance

i

Y,a

-*8E

oE

E6poc=

(6

lagEgH

:iE :E

: !I H

E E

E?E

iE

EE

F E

Ei E

AI !E

:5 EE

i H.i; E

E:

E E

7 HE

;'E

G=

siE;;a. ;s

cET

€e;i€;i f;#,5C

r;ags6; e gis

;Ea,

B r€ t€

n

;iit *;g igi, H

E

Ei-E

E;:"E

fr:gB

:;:.6 i;;! rE

;Aidi 0c a=

b E E

:€ g

:;E; sgE

; t{s".;;'E

:g!; #se ;:bB

'lo €- a B z.?E

-z

;tsi ep $; :Ef t

39HE

:gEE

E €*

liis E

F;xt sS

o.tr,aF :E

3#gg;i;;:i ;sii3€;g€*?';

-g:'F-E

6 ;ast,1

iEtgsfi g9

;t€; €gg:s: iE€rs: C

F?8.?E

Bg

EX

FE

hEE

sIi eE

3;5F

oh9"9i gF

lfJ 5= E

E"lu'=

EE

U

SE

gooHgE

21

EC6

oac)c.=oCNc.aE(-co= a6c)o-o_C

U

co

o).FOC

U

c)

-c= CI

l<G)

o-oc(0a'6cq)o_o)()C

)C

6al-q)_oEo

*.It5ooEgt

'89E

# N S

EE

dvYi-s

:!t.=t-

{ xct

g L.

O:A

.T tttE

bE

;F

TS

F€g

q(r, "- gE

o)_c#tccC

U+

,@-q)>

ocI.oGF!oC'

Er')Egclottc5o

IaeEF

ni;e ulls;: i$fiigi iiffEE

iii isi. tiiefEi

igiliiii$,iiiffiE liil:E

is fiis iiffi:i 'iiliiii,€i;ffgiii;ffei:E

sEE

: ijtEl€:;J3E

;:ifii s€ Eff:g;€

-;g€i:siaiEE

fiffffctErilii;fu rv ansris

'iffiiiiili* giigigiffifiii ;ff ffffffi;-'=

: -'; *igli€ ;Eiiii:iliiiiE

i iilffii, iiiiilii:?::;tE

iut eH

g#.P *8€

i#'ru '' ,ilii€s gEil;iiiigiiffg ii;i;ili iilgiliii

:;?iti€egtA

E;8,68€ E

iiirgiig*ffisili;*liiiiiiiiiiliigiiiiilig

'iffff* lliffiliiiffiiit iii;'gigii;*i, Eiffll

;riEii:t;;

r s:e;stiEP

., ;SiiprE

SE

E

EiE

BiiE

Eiii

;EacI=

::ilHffi E

€s; :3:;EA

EiiE

iiiiiiiii, ii!tu iiffgi

gEE

IEgE

iE,

gE5

s';z9,eA

- F

,!E E

g

8E qs.i

r- E

5'E.:

Ed E

dF

. U-3

: co =

-s

f;ear

Er;iI;ff;;

EE

Effi:iii

:!E;E

3!

!ffi, :*s ffi*si**glill, liltgiiffi

gffEi:iE

ii

iii:il;ffi:!:f,r ;giE

;;sF

t a ;€ eii€ H

E:g ;*;E

;rE

: 15, N? E

;i

i*EE

c? ;E:s es

ES

!i9 ootP

Ec

:ou:.8>

or

E€a

Ere

G .>

r

-633r8€€

EE

.

rE,

X ci

60()

,;i83ooctrt,O

Lrl(gV

Ar- A

,O

G,

aO)

F}

Jo.

€;,o,;qc)ootro(.)o

c, tu.3€;.G{);=!coo-(t66gF

rt>

.(|tqa5arOF

PF

5,i F

-,

E.g

t6art aE

{)d--'c'

a2-b,-2oc)!a

8Es8-(j)'E

t'F o,4.=

a3i.!-a o0.96.88€eeEacO

.- (!

HE

E.E

tF;i;.iffgE

ti ;qBi ;!;i;E

lEi u iF

3iiiiiiiliiE iiffE

iiliiffili igto

gigii*i;i,iliiiiiilli,liili'i:ii

i?! Ei, :F

i$!

ia*i:i:!ig*iiiEi

iiii=lF

EgetE

i:€E

€iisii :ffa ;Ps ffiE

:;#EA

: i eEF

i?il s €gEf:ii:li, €:E

E;

=:!3g;3ii!g $:riliE

s;igiE5 3lE

g3!fit !EE

g';:EE

:5 s e ;?E

E:+

i:':;sE''E

se!'",'er;iE iE

i?ieEii iB

lE**i*iiI':E

s;e=

lEiE

li*ig lll;itil;rrus ru**EgH

i lgiig:Eillg i:;IIr

,i!i;i;iiit,!I;E:iiiilig,3iit?i'E

gi!:3ii,giitsil ;!H

€ ?triE llii:iiit

i:Ei€E

EE

;;iiliilE

iiiiiigiii ii#iis iiiin !i#i3iis ig3i;E

*1

g,iffffiiigii, i;iiiiiff*t i:iiiii iiiilg i*iti, igiiii

lt*tE

ll=

i 'I

IllI

iiFttl

rrlllt lF

llF

c;ll

lrtFIrtIrt?*.,

=T

lll,lrl

fi,iii,,Hffi, ffilg,iffffa*s iiil ii

tL

elis6

sE!

ItoOt

3ll H

;ifl* "

g- | lfiE

iiELE

"-.Ett

,sn ' I F

EI

:$3:i

9-ob -3()

E!$

tg=s:E

lr

sfs

EE

E

F*E

ICL.

EF

E€3

.6 -t-

$BE

gE 8

s€!.Q

E o

e6E

EE

ga=

6ut5

(J

i:1Eii

!rg3oto

sEi

Fei

sgE

EE

F

eei,i 8t

tll@:

0l1-+'

'l+,

t-ilili

6l

Eg.

I

itulE

$3lolo.' l

tg ai =

'Ellrr4b oaaot

-

fEE

.D.

o=ieEE

t P

.

€ 'g.E=

E(it

9eE

E;f -,6iE!0!E

J

gE5edE

ss

Efg

geEsg

E3s

qi>

,3

8ESeen

.gFF

g

Eo.:ogcoa) .

-E6OF

O

t\@-

otE-pF

!c

:'58.f; 3E

,:.: *ffi *'y:i#+q :,tI

'

,g J- o

oe -3o!

eI

l-!.3. E

=;oacr,

a aa

>bioo

a4 -c

c;5:*;?A

3:E

5iov i..c;:

>o.'

g6;:68.t3'-|

xifig;:;i E

iEt'o!d

gEv

!E

ai O

'go A

<2

E*g:t3.nE

g o33.

3 3:tE sE

t; i i;!oa'ac

su Y

esr

li.i -

o l<

e t;

--Ci.6d

. toc

3i!:lIEf5 Iii

- !:3ls,El:: s!:

- -5r-o

'Eq

-trt !iit!..-5

635I

E.tJ

-aoa ott

E E

;Ii r'.i ii I a": siisli!:: :ii!

.Oa

}rE.€oa

aa!

88.:!ttEs ii

6 oO

arli.6os t.o

;tIi)

t5d

!o'lot\,lII!

*!t,,aaf.hE

.6;IIfII

c'

i:il5E

>. o9=

EO

lse,'B

q

-!-aE! esga iE

j'E

9B-i-$eg3-9;

; g.iS

A:

6c!- 8t?.o1r

a-

as

gie€oc-o-=:E

grs::€ i.

coocv

o O

l>

o24 2'6

.!hdl!rttr,rdio3astoroH

O..l

a?e'i9lao td64

IGItseO

q,t

0ttd>

rtrE

EC

a}€trd!atc)do0,ot

E

aaOot_r.€6.tati5ioO0a

'r0>c9a odU

l 9.oo

{toodA

,oo|!E

E<

'

olroo>t6la)&E

6E

h,66ot!a,O

Hh

oqcO

nrtt oct)!loeodE

',>

lX

Eoct)t,oaE

AarC

!oatoot,a

'rO

6r, ltgA1o

0cao€oE

:o4oeo

ot,cocoocoax(,orE>r:oa)otaoAtocIi-2A

Ioto6D(tc6.,d|l!,oE

rls

aa,ll!!out,t.88oitalO

EEt

rEl

otr,doO

AaO

ldedoa(,>rto' 0raA

ElE

t d

,aotto

oBt6l'cotr-aotsE

Uut

lIIIiIl

t,(iIIiiIi1)t;

EE

EE

E'i

z -7t=

i

o

oaF6,c6|?oreocoa

E;:C

;:;;95::;;:

i:i:E: gi;

E

E;:!j

i::;;<

9() >i

i;s: i;zz.:':: ig I

ia;:i

Ol

>Eo

H('to

.3t,oattco Ittrcc1o5o€C

hodrOIA(roO

Ec

)>

rO:rrO

cdtr{6oaofidt..O

.o tc|A

Ot>oo6c*

cd€|?teo!- eC

9Otatctro.o oE

ooD@{oDuoa2o

, o!

c oaoo,o c,

o'

o-3"?i i'}

.;t"i?g -zj^.:i-e i

) O

eat!::'d

f"i..;iff

-!:e l

ii it;ii,5 !:ri;1; ; i5$el3 or -.!

*i!

C !!

i. a

a3FJ

q t f3g€

irI

!C\6t\.JIiit

it

i

F iE

cE' i

,d g;H

I

EF

fig i

6.

=

I.ttero!Ioo

E.JdtEa.Attttl,6?atox

ttttDtaLloo.

aeaa:n't,tgtoE

EataAtt:IFl.oItg3(,

t1

gil:U

tceg*.fr@

F H

JF-

.g

.e A

E

Er F

i*o39iE

E'F

EE

c'eg

EE

,f€ $g€.H

= F

EE

E *F

9a'=

=4dE

E6c(DC=

(E

aI

EE

gE

Eggi

C

=.9

.E B

E

Em

g;

EE

go

:g$eEgE

EE

-F

rJ)O

)o)rr)Eo(!oo-c=v,otrtoFoU

'

al .r,r"

,5

DevittAruard is prestigious rand unusual

Close involvement of corporate

sponsor sets it apart

E--.q, -q-@qft!r!-

-.:'-l :

hrt'ii[t hi'i]arr{

award was in 1982 to recognize out- i'l

standing federal judges.

I A thre+member panel, usually made up of aSupreme Court justice, a U.S. Gouil of Appealsludge and a U.S. district judge, selecG therscipient. Judge Dwitt chaired the paneluntilhe diecl In 1992.

I The winner receives $15,000 and a crystalobelisk.

ru wfrFifrbiMinn., ln 1985, right orrt of Untue$l$ of NorthDakota law Sctrool. Devtn passed lhe bar examwhlle seMng In |hat posl.

Elsctod to Congreos from Ramsey Counly in1946; lost hb seat to Eugene Mccarhy ln 1948.

Became chief U.S. disfrict judge fiom Minnesotain 1957.

Coauthor of the three-\rolume 'Federal JuryPrac,tic€,' published by West, whict sets the basicrules ol honrfederal trial couns are to be run.

Presided otror many highprofilatials indudingt|g'1961 rad(eleding tial of Minneapolis gangsterlsados (Kid Cann) Blumenleld, the 1963 fraudIrittl of lomer Minrpapolis Mayor MaMn Kline,and the Reeerve Mining Co. environmenblfial inthe 1970s.

W(9

l

&.-:{"

I After sitting on the lederal bench lor 38 years,Dadn died in St. Paulin 1992, at age 80.

tb

Hffi, ffffi,

7';,ts€i->

r€?T

'3B

93+

EH

'gi

I!FE8TEE

ff ta6riEI E

e'

€EE

gbE

ia;gE

'

gEE5:

EF

'

?:E€a6,'

lEi o

r€.aaf€ &,EC

I

8ao.E2oI,0

fiffiffifii# ififfff ffifii

t7

ExrB

'u gE

EgE

aE

EsE

$ET

FE

i:B

I

i E e E

Ee e

lb

-E=rCa3Q)

Ct..

]Oq)CD

tsIo-Eo()

.Elbo)(l){-,.g^cl)fJ.,aC

Uc)aC

U

oNIIl-CL

!toTIoC

)

Eoct)!t=rql-oFqrG

Hatr----?T'oLoIEr*rct)

CIIr

= t-o(Exdtl-

oc=!GFaa,r{)ErttE(,a06ttc=ct)

ff fx*gff

EE

gHII

-F

t8

r ;iE ::;ff ?B

EE

:E !ffi aiile ffE

fir;i l;E

i:Eii tE

E;ff lffi E

ElE

i EF

EE

iE;

iu liii ii*i' iitgeg iiiE, F

iggg, iiiilgi

FiiiaigE

iitIElE

EiiiiiiE

lgiEgiigiE

iElE

* i;:i*q{s ;i iE€:ilfiii glE

ig! EiigitE

E;ii F

i;itrse ei caiEftF

*ga, ;i€r€E ;=

:;ilEcffg iE

Ie$HE

g E$ F

Hs*gs€E

EE

E E

i!.F€E

3FE

€f€E

iftgs$igegsEisE

gg* iEailE

Egsggi;iigff gE

ff*agagto=o=

>

t?

l.F.

taFF,

t'1,.r'F

'l;ahr",

lt.E,

's-'

f".r.l,rh.i.D

:.taiiF

, igiiggii, igiiiiigsiEt

iFE

E igE

Egff sF

EE

lgEgigigig

Es;.E

Ei;A

;;;gg :Ei

FE

E€ igE

eEB

eF,E

FE

;

iii€ggil

.ffiil&;*

tE

!gEi5 E

'

EE

nE

€g*C

') IS

€{ :.;

>,{$

$:s@

F;

a, ti6!sIG

T

S

o*$rE

.g:

-C:S

Hni

o$*o*EF

E

E

-sp{d i[6t$F

€T=

t*5!$

t'!'b?.€tE

8NE

(u-

*g-F

Hg

,g $6

L;?,EL(E

.N

:o'ri>

iolL!

blIt-

|

oioi'(,dffi

ao

l-oHoTI.gct)CIE.goIIE-cI5g

ct)coET

E

o(g.CH3n--rh-.t7"-

---aaa,oc,ot

6egF

;EE

B

E E

B.

s F€ 3

E $F

I,E

e+j6+

gsr cE

gg;-€

iBE

iE

o

='E

'8gE

5

i$eB*

,g $Eiffi

giEiE

iiFE

EE

iIgEiE

giiEE

:EE

;E F

:EF

EF

E=

l/)o)CD

bgo\(!lf)aoc3a.Foo.

zt

3E3E

$€ iEs# r

;€E;

gEE

€E li

Effi iiF

#iE .

ffii' I3talEle

?ii E:*; ffi:i

aie, ilii Eifi:

ii?i lgfi iii:3;E

EE

siggE F

BgE

g

l-r.t. |,.f.t 'l

11?

i'.It{,:

iig;F|ta,

...

71-

lj.oCL

IECL

o-ce,-cIt,o.-o(gotroII'|r,3no5cto*,ooEoC

LoE-gtFo-\

-Z

3

la

aaiiaft igilg Eilsft iiglasE

is

lu giligfu Bi:aliiE

ElgE

iIgEc iE

igiig€gEi

sii!€Etufiiiii*ffigiiiffi$siliiils

i EE

3E;E

ES

gEiiiiE

iiff- Elliffifi!fii iffiE

zrl

ale

I

MONDAY/March d1995

Highstakesand

hotcompetition

In faceof change, West Publishing fightsto maintain its lead in legal publishinglYerhlnrtou D.C. war, a fight over who owns the law -it";a;;d"dworld of lcsat pub, whd sh6'uld control the rvstcms fortistriniii rt *ar. citing fcdcral court opinionr.

You could scc it hn month at the Opperman's battle qy.was.no idlcU.S,

-Stptcm; Courr, i[c* a fer U<iarsl es it has in thi judiciary, thg

0Ji{ili"fi- puUiis6"n-*iitring to ggmpany has cultivated.valgaplc d';ontt;11-;irh-ln inOustry-iianr lics in dther branches of the fcderalchanicd at 8u6ts attending i rccetr goverament and in the statcs'tion: "Ho, ho! Hey, bcy! Wcst Pttbiithfis;;i 6"i-rlvF ' Manv government-emplovecs delibcr-

ating rhe future of the indusrY havcYou could sce ir the previous week at acce-p1ed -cxpc!-s!ve

trips and othcr

"- t."riniol" lln#llionat-commii- Uenints Aori Wcst and somc of is

i;;;ff; 6;i-;6bctr ;ts,ta majorcompctitors-over an ameirdment that would havelimitcd thc frec distribution of gov- Officials at West an! other publishinge.nmlni informtrifi 16 *hich-the houscs say thcir bchavior ah6 tnat of;;;;rc

-scc#iii. wcst puuiistrins go"emment emplovees.coqporp tul-

Co. and other iommerclat proriAeri iy with tegat and ethicat 6sdes. WhileJf gotirn.Cni-oatal trii ''adaea e'ttrics cxperrs ggnsulte{ bv thc Survartle'* lliHt*T'HtJfj#]"i"ffii3tAnd you could sce it d W6t'3 EeSm crnployeci acccpting laryessc fromhcad{nartcn la$ fall, when thc com- thesc companies ir disconcertingmnv stoomd the ortsscc for a soeech6y Frcsiiinrvancc Oppennam*We Chief &Eeqal appcal.s-.cou1 Judgg

"ir*n tuiJuatui. . . . t?ttro'take uc Gcrald Tjoflat arid williem Bauer, foron,trrii're-urinionerranaril." lgtrfif\i,::f#iffSoitoTiHc was talking about a skirmish at lururious- locationr. Ittgy oqPodtbc Justice Oipartmcnt in a larycr rule changes that would have threat-

West's battlefield has many frontsAs West Publishing fights against an wer-growlng host of competitors, it has

bsstowod oifts upon govemfiientempbygf,s wtro-will help detdrmine the battle's

or,rtCome. Some btW6s's ompetitors hhve girren gifts' too.

JudgesWest has grcvided benefits to federaliudges who helpiiiomlnisrative rules that could affEtt the conpanfsfinandal posidon. While seMng on an arvards-@mmn{iil ctriefeoCral appeals coudJudges GeraldTloflatand Winiam Bauer'dttended meetings undetwritten by'West that were held in luxurious locations. The Judgesopposed rule changes that threatEned West's doml'nbirce in publishing federal court opinions.

Gourt emploYeesLower-lerol iudges and stafiers at coufis around thecounw hav6 ni6eiw<t benefits from West and otherleoat p'uUtisnerg - including parties and cash awardsatfiif,ond conwntions for lariv librarians - while helping to shape court iniomation policy.

PolltlclansWest executives, employees and a law firn1-that repreienli uetompi'nv tiave invested at least $848,fiX) inootitcat camoiriEnb since 1988. West's noarecl oom'banor oare hr i-ess. Ammg thooe wtro got rnon€yhom W6stvyers all 16 m€mbem of a House qYPcorFmind consiOedns key legislaUon relatingto WostEGt fi;-b€r otine ftriniesota congrecsional delegetion ieceiwd contlbutions linked to Wo6t. And 6'€ty;dbdAtti Oelegation waded into legal publishingaFiut* t6 tgtrt tegFtation or rules opposed by west

encd Wcst's dominance in publishingfcdcral court opinions.

Anothcr judgc - Richard nrnol4chicf of tlc Eighlh Circuit Court ofAopeals - acPicd thrce nights' suYaf Ncw York's Posh Four Seasonshotel courtesy of West while helpingto choosc the reciPient of a West'sponsored award for judicid excel-Encc. He made the trip while headingthe judiciary's budget committee,wherc policy decisions over spending$34 million in legal rescarch contracts

- are madc.

Arnold said in an interview that now,after uking the trip, hc will considerdisquali&ing himself from votes onbudget matteni affecting legal Publishing

Furthcr, lo*tr-levcl judgcs and courtcrnolovtec who hclp shspc court in'forfoeion Poliqr acccPtcd benefitsfrom lcading legal publishcrs, such as

lavish parties or cash awards at na'tional convcntions for law librarians.

Continued on Page 6A

West Rtblishingand the courts

ByTomHamburgerand SharonSchmlclde

Washinqlon BureauCone5pondents01995 StatT.ibune

Today'sreport

I West responds. 5A"6A

lChangesarerec-ommendedtoad-dress ageneral lackof overslghtof theJudiciary. 7A

lThebatdewer"whoownsthelaw"is hardly an academicex€rcise.8A

StrTtbm. Grapttc / Gt goryA Ea|reo

EA.

Wno owNsfiE UUt?

WestR.6hhirpand tp courts

A pruflleol WestPubllthlngl{eadquarterr: lnEagan, with:editodal andtaining canters'around the UnitedStates.

Ournerrhlp: Pri-.vately hold.

lradcrrhlp:Drright Opperman,ehairman and chiefexecutive. VanceOppennan, presi-dent.

Ernployeer: About4,5@ in tha TwinCities area and1,500 elsewhere inthe United States.

Orlglns: Started inthe 1870s in St.Paul by brothersJohn and HoratioWest, who pub'lished a weeklyneYuspaper ofcourl opinions.

Budneer: Weqtsa)rs lt prints near-ly 60 million booksancl parnphletsyearly, as well asCD"ROM oloctron-b legal librades. lbWESILAW cervioeb one of thenation'e leadingsouroos for com--puer bgal.resoarch.

Monday/March 6/1 9954t!r Tribune

ewtechnologyI r or thc LEXIS sysrsm (whicb uscs Wesror thc LEXIS systsm (whicb uscs Wesr

is changingthecompetition il#*$-,'ffiffiifificontinoed ftrom pese rA The winds of war 3:::lh:t:ttJ."*t$*d in most

And Congcss bas nol been ovcrlookcd. In April 1984, Justicc Bpoq Whitc Now, its competitors have a{opred al.awmakerg including tbc entire Minne- wrotc a memo to tbcn-Chief Justice ocw tactiq They are calling for thesota oo.ngessional delqation, recc-ived Warren Burger asking for a WESTLAW cstablishment of a new citation sysremcampaign contributions linkcd to West arninal in his Supremc C"ourt ofrce. that would not be owned by any private

- and thcn wadcd into lcgal publishing "lt would save my time and clerks' company.disputcrs to support thc company. time," Whitc wrorc in asking for the

wcst crcqrtivcs, cmproyocs rnd e raw nffiffi*f '***h scrvicc de' lHt"gStHi*y:iHi'"'ei[!firm that rcprcscn$ tbc ompany in- branch.vatcd at lcast tt4t,000 in tbc political Tbe merno sigtsld a changc that was r--r:_:_r. rcampaign prooess bctwoen Jan. i, 1989, wccping throirgh tbe ccntuics.old way JUO!G|3| DlanGnand June 30, 1994, according to re- ofdoiry legal research. Come inside tbc Federal Judicial Build-rcarcb done for the Sur Tribune by tbc ing on Capitol Hill. There, tbc adminis-National Ubrary on Moncy & Politics. Sincc the l9th century, Wcst has pub trators of Oe Judicial C-onfcrence over-

lishcd court opinions in heavy bouod sccthethirdbranch ofgovernmenrwithWcst's large compctitors, Euch as LD(- volumes, and ibc orylrnizatioo of those its $2.? billion budgeitnA its Zf ,OOCI$NEXIS, also invcst in the political opinions bccame the siation system cmployecs.prmess. But tbe National Ubrary study favored in many jurisdictions. Throughsbowed that the potitical action com- tbe years, West- carncd an unrivaled In decades past, the conference - 26mittcc (PAC) affiliatd witb LEXIS'for- rcpuution for accuracy and thorough- fdcrel judges and the Supreme Courtmcrparcntoompany,McadCorp.,tave ncss - and with rhis repuution West chicfjustice - had little to say aboutfar less than thc PACs associatcd with receivcd an unofficial scat in thc oourts' lcgal publishing.West during tbe rame pcriod. inner circles.

In 1992, however, a conference commit-Thc Minnesou rccipicnts of West's po- ln rbe 1970s, however, West was chat- tee recommcnded a new public ciutionlitical conuibutions say rherc are good lcngcd from a new direction by Mcad policy that would provide equal, low-rcasons to hclp lhe company on Capitol Dau C*ntral Inc., wbich offcrcd a new oost acc€ss to an oryanized database ofHill. Wcst employs 4.500 pcople in the way of rescarching oourt cascs by com- coun decisions - a scrious threat toTwin Cities arEa, is a good oorporate putcr. !,lead called it LEXIS. West's position.citizcn and produces supcrb producrs'

Now, in thc age of the Intcrnct, w6t is Altbougb tbe idea had bcen backcd byWest ofrcials note tbet tbcir company furthcr tbreatcncd. Would-bc lqal pub rcmc law libradans and Wcst's rivals,is onc of thc few rcmaining Amcrican- lishen have bccn spriaging up lile many judgcs didn't like iL And tbeqcmd companics in the lcgal informa- urccds. From St- Ooud to Scattle, small committcc's proposal was shelved bytion industry. LEXI&NEXIS was pur- publishen are sclling court opinions iD thc full confcrcnce.chased rccently by European-based CDROM scts or onlinc to oonsumersRccd Etscvier Co. and tbe other big with modcms. The numbcr of ompet- In correspondene and Judicial Confer-rivals are now owncd by Canadian- rnS lqal publisbcn hes triplcd in thc cncc bcarings, the idca was opposcdbascd Thomson Corp. past two ycars, amrding to West aggressivcly by onc judgc with a lon&

36iding rclationship witb Wcst GcraldAnd West's ompction are nor lying Tbesc enutprencu$ ssy they could Tjoltat ofJactgonvillc, FliL, chicf of tbedorva. Owncrs of LEXI$MXIS, for oompetc cfrcctivcly but for one facton I ltb Circrit Coun of Appcals.cxample, have cmployed aggrcssive Tbey do not bave full acss to West'sWashinglon lobbyists to further their citaiioo rystcm. ID previou-s ycars, Tjoflat _had bg"n aintcrests. Ecobcr of a committce tbat sclected

Richt now. anylne witb e compurcr end tbc enaual rccipicnt of thc Edward J.Forycars,W6t'sc.hicfadvantagclayin a nodcm *dnting to rptld a fodcnt DwinDistinguishcdScrvicctofusqcerhc elosc rclationsbip it bad carncd with ooun opinion can- calt up cascs from Aglrrd, a Wcst+ponsored prizc. tn tbatthe fcdcral judiciary throug$ dccadcs of Timelin-c Publishine Co.

- of Bcllevue, crDrcity, Tjoflat travel{ lo Plush r€-reliablc and hiehilualily - work- Nor, Wash., which chargel up to $ t 0 an hour rcru for gthcrings pard for by Wcst.horcver, even lhat relationship is bcing to usc its clectronic &tabasc.shaken by a competitivc war that broka Dcvin was tbc c,hicf of Minncsop'sout with rbc advCnt of new tcchnology. But if you uanl to usc tbat rescarch in a lideral bcnch. He dicd h 1992, and his

brief to bc submincd to a fcdcral cour! papcrs 8rB on file at the Minnesoularvyen will ruggcst you go elscwherr. Historical Socicty. Among the corre' '

f

epondend is a Deccmber l9E3 lcttcrfrom Devin to Tjollat saying that thcn-Wcst President Dvigbt Oppsrman'willbe happy to advance you first eJassairfarc for you and Sarah . .. snd willreimburse you for all other cxpenseslater on or.handle it in any other wayyou linrl morc suitablc."

A letter from TjoIIat to Devitt describeshis feclings aftcr a Dcvin sclection com-mittee mccting, at thc Marriott l$ Pal-mas hotcl in California in 1984: 'It hasbeen an honor to have worked with youand [Supreme Court JusticeJ Byron[White], and Dvight. The associationand cxperience are cherisbed momentsof my life."

The correspondcnce shows Tjollat at-rcnded two other Devitt committeemgetings, in 1983 and 1987, both inCalifornia.

Tjoflat dcclined repcated requests foroomment. But wlen asked about histravcl in *riting Tjoflat wrotc bscl, tbatsomc of lhc Star Tribune'e assumptionswcrE wron& *A morp rhorougb invcsti-gation on your part would rcvcal this,"bc said- He dcclincd invitations to chboratc furtber.

In 1991, Tjollat came to Washingtonand opposed the ciution-system cbangeat a bcaring of a Judicial Confercncesubcommittce. He rcstified at one point:"If I appear a little bit rcsty, it's notpersonal . . . it's simply that we havelos to do, and we don't want to haveany red upe in what we do." DwightOpperman dso testified against thc pro-posal that &y.

In addition to his rcstimony, Tjoflatwrote lctters to judicial branch adminis-trators opposing rhe change in the cita-tion syscm. Neitber in his lettcn nortbc publishcd transcript of his tcstimony did hc dMosc his rclationsbip witbWesl

Tjollat was nol rhc only pcrson associat-d with the Devin award to weigh in onthe matter.'In August 1991, Dcvittwrotc to Judge William Bauer, chief ofrhe Scventh Circuit Court of Appeals,y6l6sming.him as a_membcr of rhearrard committcc.

'Wc normally moct for scvcral days artbc time of the Supreme C.oun's mid-wintsr brcak in larc January," Devittwrotc.'We bavc met in Psht Springs,thc Virgin Islandc Paln B€ach" Naples,Florida aad Bel Air, California. Itmeles fora nicc brcal from the routinc,aad ibc responsibilitics srG not too bur-&nsome."

Dcvitt c/rote lhat the group would in-clude Dwight Oppcrman, one of Wcst'svice presideas and tbeir wives.

"Tbc anangements Er€ madc and carcdfor by Mr. Oppcrmlo," he wotc. Fivedays rffcr that lcttcr was writtcn, Bauerurotc to rn oficial of thc Jndicial Con-fqrcnce opposing lhe ciatioo-systcmchangc.'Althotufi thc idca for a slan-dsrd clcctnonic citation systcm bas anobvious 8p1teal," he rrotc, "thcre is aquestion as to whetber ir is ncccssary.Our circuit cxccutivc, clerh scnior suffattorney and librarian mct and saw nonced at present for;ucb I8ystcm."

Bauer did not r€spond to rcqucts foroomment by thc Star Tribune.

Ethics cxperts say that if Bauer or Tjo-Ilat acccpted luxurious travcl from Westand thcn hcard cases involving thecompany in their courtrooms, tbeywould have to consider disquali&ingthemsclves. But in administrative mat-tcrs, the rules arc less clear.

"We certainly would bope tbat judgeshave a good degree of impartiality intheir administrative functions," saidJcftey Shamaq a law profcssor et De-Paul Univcrsity and coauthor of *Judi-

cial Conduo ud Ethicg" e guidc forjudgcs and judicid brslcb cmployccs.'But tbe rulec Ertn't rs clcar on theadministrativc side. ... I ccrtainlywould say that a judgp sbould be abovercproach in dl functious of tbe office -,-gven in ad_mioistrative functions. The

Judges shouro wanl to avoid even theappearanoe of impropricty."

In addition to Bauer and Tjollal otherjudges wrorc in opposition to the plan,including Scaior Judge Donald Lay.who at the timc was ciief judgc of tbeEiShth Circuit Courr of Appeals. Liysaid in his lettcr tbal "ther€ is no pres-ent necd that a new ciution systcm be8dopted," and he forwardcd W6t'soomments on the issue.

ln 1992, the full Judicial Confacace -of which Bauer and Tjotlat werc Elcm-bers - dccidcd not lo rdopt a ns--ciration syrtem. Tbc onfcrencc mcel-i;&c gr€ closo4 rnd tbcre srs Do rG-oorded votc.

But the issue would rttura htcr in 1992

- this timc in C.ongcss" Ar $e rcqucstof a rivel publisber, Rcp. Barncy FranlqDMess.. introduocd a bill tbat souldhavc prohibtcd copyriglr of rhe cira-tion aad numbcring sysrcms for fcderalgnd sutc laws and court opinions.

GongressWbcn Wcsr's huryes aoocartd beforeaHousc Judiciary iubooilmittcc iD 1992to lrgue oglinst Frank'r bill, meobcrsofthe pancl had good r€ason to recoi-nizc West's nemc.

All 16 subcommittce nembcrs had nceivcd campaign contributions fromPeoplc or PACg lintcd to Wcst In dl,thosc membss hd collcc&d morc thsnt39,000 druiag tbc rbrec ycars bcforethcy heard tbc bill, gmording to FcdcrrlElcstion C-ommision (FEC)-rccords.

Tbc bill, which would have diminishedWest's copyright bold on ciutions, dieCin the sutiomminee without a vote'Within the ncxt six months, l0 of thesubcommittcc members reccivcd moreitt"n lZf,OOO jn additiooal contribu'tions hom Wcst-afrliatcd donors

West's political giving gocs wcll bcyogdrhosc dontributions.-Iitembers of the

Oopcrnan familY gavc $165'000 to $eolhocratic'National Commince be-twecn Jan. l, 1991, and Junc 10' 1994'aocordiag to an andysis of FEC recordsdone for-the Sur Tribune bY tbe Na'tional UbrarY on MoneY & Politics'Add contribuiions from Wcsr and a law

trm rlat represcntcd the company andthe sum donated to lbe Psrty ls mor€$-20:,qry.

Vancc Oopcrmaa anributes the contri-butions t6-a scnsc of civic duty tbat alsois rcflected bv threc dccades ofbis own

mlitical activism' "Peoplc should be

involved in the political pnocess rn a

variety of ways," be said in an inrcrvtewin November. "Financial involvcmentis the lcast of it."

And he downPlaYs the size of WqsJ's

contributions ind tleir influence . "Weare a very, vcry small financid actor,"hc said.

Howevcr, Common Cause' ? gov.elq-

ment watchdoS group, ranks West hISh

on a list of "soft-" rnoncy donon to $eDemocratic Pany bcrween Jull- 1992

inO tuo. 1994 - ahead of thelJnitedAuto Workers and thc lDternatioDal A9sociarion of Machiniss & Aero-spaceWorkers. (Soft moncy gocs to Pou-1rcqtoarties rather thrn to candidatcs Suctt6onGLutions ar€ nol subjea to tbe lim'its imposed on individual donations.)

In all, the political contributions fromifiosJ'amiiirca with West are substan-tiallv rreater than the sums givcn by,

donbd affrliated with Wcst's chiefrivals.

Between Jan. l, 1989, and June 30.

1994, donors affiliatcd with West oon'tribuied at least 3848,000 to thc politi'cal orocess, the National Ubrary foundTh6se affifiatcd with the conglomcralethat owned LEXIS-NEXIS gave3218,2?5 in soft money an! gongtlt1;tions to candidarcq tf,c National Li'brary found.

Bcfore the r€cent sale to tbe Europeanconglomcratc, LEXTS was oumed bY a

Continucd oD Dcxt Page

subsi&8rv of Mead C.orp., which atsomakes Da-Dcr. container board and othcroroducis.-.{ PAC funded bY Mead em''olovccr

eave 5174,125 during the pcri'6a. co.nparea with $428,321 from PACsassocicted with West

The l-ational Library found lcss thanS5,0@ in conuibutions hom emPlo-yccsof' pultistring companies owne{--byTho'mson Co-rp., another major Westrival.

All lC members of thc Minnesota con-gressicnal delegation - Dcmocras and-Reoub'licans

- received contributionsfro'm drosc affiliatcd with Wcst bctwecnJan. I, 1989, and June 3O 1994. Thctoo recipicnt was Rep. Martin Sabo, a

Oimociat, who received $21,095. Rcp.Jim ttamiad, a Republican, rcccivcd$10.7m. Scn. Paul Wcllstonc, a Demo'crat. :ollesred $500. Thc incumbentwhom Wetlstone dcfeated, Rudy Bosch'wita collccted $35,999.

After Wctlstone's victory in 1990, hccallcd Vancc Oppcrman, among others'askim forconfibutions to a soft-moncyaccorir run by tbe Minncsora DFLPartv. wc[storie said hc has ao idcahow-much or whether O'PPctman on'triburcd. Records at the sute EthicalPractices Board show that Oppernanhas writtcn checks for morc than$100,000 to party accouns since Well'stone's €leclion.

lJntil hc took over thc presidcncy ofWest in 1993, Vancc OPPcrman wortcdas a Danner in a MinneaPolis law ftrmthat bften repres€ntd Wcst In a writ'ten $atemcht to the Star Tribune'West't spokcswoman said that Oppcr:iran's *&recr as a privatc attoPcy q39mlitical activist 8re $peratc lrom Drtieccnt work as our prcsidcnt It is ludi-crous to imply that hispotiticat involve-ment over tho Pasr 27 Yars w83 tnorchcstratcd cffort to build an inlluen'tial nctwort Drior to bccoming our Pres'ident- This

-insinuation only aims todemonizc our comPany and thc Oppcr-(nan 6mily."

'Much oT thc moncY given bY tboscafFliated with Wcat wcnt trracca out-iidc Minncsote including C-aliforniaVancr OpDcrman workcd personally onrhc camiCign for the reelection of Scn.Diannc Feinsrcin' D4alif.

Oooc-rgran and thosc associatcd withwEt donarcd at lcast $31,000 to Fcin-stciis camPaign in 1992'93. At thetimC, snc wis i mcmbc of two Scnatc

iuOciarv subcommittccs wit!- juri{ic'tion o"c-r issucs important to West Pat-inGiopmglts and tcchnologv and thcIaw.

In thc Novcmbcr intcrvicwr OppcrmgnGO nc admired Fcinstcin bccausc shc

is iougb-mindcd, comPctent and a"nifty Person."

West has dcployed formcr il{inncsouReor Gerrv Sitorski and Vin Weber as

toUUvists. Iis spokcswoman, Ruth Stan'och.- formcrly chaired the MinncsouDFL Party.

Most reccntty, the company turncd outirs lobbying forcrs to pusb a provlslonthat would prohibit government agen'

ci* from distributing information to*tricn a private company had 'addedvalue." Such a change might prevent

the Justicc Dcpartmcnt' for example,from disuibuting its databasc of fcdcralcasc taw becausc West clairas propri'erary rigbr to that databssc.

West mct ficrcc opposition in ftr -at'-timot to inscrt thC provision in tbcPaohvork Rcduction Act bcforc theH;"sc Govcrnmcnt Rcform and Ovcr'iiOi comnrttca opcn-rccords advo'&:tcs and industry compctitors dcrtcdttrcir attics and rhc ensuing uprorr car'ricd into t8 e88ty ooEEuttse- Eceuntiasi moottr. No rirembcr of tbc pancl'would acknowledgc sponsorinS-thcamendmcnL and it was droPPod Fomthc bill

Tbosc opposcd to thc provision includ-cd &c JGtice Dsoartmco! AB sssqtantattorney gencral wrote to th€ sommllreechairmin on behalf of the departmentas*ng ttrat thc provision bc dclcted' Inthc lcitcr, stre siid that wcst had advo-caad fhi amcndment "rc allay--!rn'iounded oonoeros abut stePs Westfcars thc Dcpartment of Justlce m?y EiontcmpbAn-e tbat would adverscly af-fcct its iropriiurY Products-

The ncrt day, West issued a gr"ss re'icasc *itU th6 headlinq "Justicc Dcpart'mcnt Drom Plans for Govcrancnt-runGrr.l Ciiation SYstem Databasc"'wit's claims of a iiaory on tbe issucwcre carricd in news reports"

But the Justicc Departmcnt, now says

thcre wcre no plans for a government'run databasc.

Justice DepartmentWest's disputc riit tncJusticc trp9n-;;i-sGr6d in SePtcmber 1994, whenA-tiorniv Gncrar ianet Rcno said $caiilaiini.ot would cxplore-waF tq im'pr6ve public aooess to fcderal court5li"i-otn csnccially by computcr'-Thcdtpartmcnt abo said it would evaluatc;ildptoeriet8ry" systcms for citing le-

8ll opinions.

Thcy also contcnded that @nsumersand taxpayers spend more than theyshould for lcgal scrviccs becausc oflackof compctition in thc lcgal publishingindustry. West insists that there is plen-ty of compctition in the industry."Thct! 8rc morc and bigger playen andcxploding numben of legl productsand scrvices," said Wcst's spokes-woman.

Minnesota's congressional delegationrushed to help West in its 6gbt with theJustice Department.

Reno hadn't said in her announcementthat &e Justice Department would cre-

- atc a government-run databasc. ButRamstad rosc on thc Housc lloor todcnouncc the dcpartment's "ridiculousvcnturt into Sovcrnmcnt informationpolicry," saying it constituted a "threatto tcm of thousands of well-paying pri-vate sector American jobs."

Ramstad joincd eigbt othcr members ofthe Minnercta delegation in a letter toPnesidcnt Clinton expressing outrage.Thc otbcr signcis were Sen. Dave Dur-enberger and Rcps. Jim Obcntar, TimPenny, Collin Percrrcn, David Minge,Bruce Vcnto. Rod Grams and Sabo.

Vancc Opperman said West "broughtthc mattcr to their attcntion."

Sabo wcnt a stcp further-.,1$an the dele-ration's lencr. Then chilrmun of theFlousc BudsFt Committec. he joinedRep. John Conycrs, D-Mich., thenchairman of the Housc CovernmentOperationr Committce, in notifyingReno that their committee3 wanted torcview any coutsc of action thc deparr-mcnt dccidcd to uke in thc matter.

Thc Sabo4onyen lettcr sigalcd thatRcno's proposal would gct a chilly re-ception in their committccg The rea-sons for revamping thc systcm "havenot becn pcnuasively established." theywnotc.

Sabo and Ramstad said their cagcnrcssto hclp W€tt had nothing to do withcampaign contributionc "Wc try tolook out for all Minncrota intsttts onthc Hill . . . that's part of our job," Sabosaid" "Somc of thc pcople we belp havebeen supportivc [of campaigns]. Somehavc noL"

Wcllstonc didn't sign thc delcAtion's

Thc ttstc of lVisconsin and the Amcri'can ,C ation of Law Librarics were

bofinc into nonproprictary systems'

ild-dc Oepsrtment wantgd to essclss

il;*;J-6tncrs tbat .qiBht bc Pro-poscd, justicc officials gid

Mcmbcrs of tbc lcgnl oommulity- had

;iitilil thJocpaitment to develoP a

ffi t;?;mai; -ci-tatioo sysrcm' Public-

intcrcst advocates, somc states ano

iiii:tii* uurariani joincd thc call' ar'

ilfi ?d,;il i""t" PnP1r1iT shouldiot ionuol access to the publids laws'

l.a

letter, but he scnt his own lelters toClinton and Reno, expressing eonoetnfor Wcst and also caling for congres.sional review ofany policy cbangcs thcJustice Pcpanncnt might nake.

West dso asked fcdcral judgcs to wrircto Reno. At least onc judge urote Renoopposing the ciution changc and at-uched letters scnt to him by West urg-ing opposition.

Minnesota-based U.S. Dstria JudgeDavid Doty also wrote to Reno oppoeing the change. He releascd copies of hiscorrespondenc€ at th€ Star Tribune'srequesl.

The correspondcncc indicatcs thatDwight Oppcrman and another Westexecutive wrotc to Doty asking thejudge to helg opposc the change. ButDoty said he wrotc to Reno bcforc hcreccived thcir lcttcrs. *I did not writctbe lettcr on West's behalf," hc said.

According to thc corrcspondencc, Dotyand Dright Oppcrman had met at areception for retired Chief Justice War-ren Burger the weck before Doty wrotethc letrcr.

On Sept 28, 1994, Opperman v/rotc toDot],: "It was good to scc you at thefestivities this week.... I appreciatcyour o{fer to help in our situation withthe Depanment of Justice. ... Wewould be gnteful for any help you cangivc us in this mattcr."

On Scpt 29, on his court lcttcrhca4Doty wrotc to Rcno saying that hc waswriting "not as a member of thc ThirdBranch, but as a fellow citizen."-

He wrote that thc cost would bc oncr-ous if the govcroment establishcd a newsystcm anil said: "Wc now havc in thiscountry exccllent lcg{ ciution systcmtthat do providc acccst to anyonc inter-cstcd."

Tien hc wlfr'I should adr"it lo somccbauvinism inasmucb at onc. of 'thc

most efficicnt and cxellent providcrs oflesat ciutio$, Wcst Publishing Oorpo'ratiou is a Minncsou citizcn We arejustifiibly prord that Wcst brinS! toMinncsota adniration, tax rsvenucgand many finc jobs (including onc formy son)."

The Supreme Court-For years,- elcctronic publishcn andnewsbnanizations had askcd thc counsto estaSlish a system to disscminarcopinions and bricfs elcctronically.

Aftcr continued requests, the SuprcmcCourt in thc htc 198& cstablishcd acommitrcc b sndy the issuc. It mct fora oouplc of ycars and cxpcrimentcdwith alcctFonic disscmination bcforedilbsnding at thc end of 1992. Oncmember of the committee, SuPremcCourt librarian Shelly Dowling r€port-ed receivinS travel crpcnscs from McadDate CentAl to a conference at WakcForest University.

Shortly bcforc it finish€d its worh an-other iommittee membcr, Toni Housc,the court's public information ofEce-r,askcd Wcst'i chief pubtic relations offi'cer at the time, Dorothy Molsu4 tohelp sponsor a convention of court in-formation officers.

West subscqucntly provided moncy to anonorofit orranizarion for a 1993 mect'ins in Nil fucans and a 199{ mcctingin-S8n Francisoo rbat includcd airfrre,mcalc and lodging fordl attcndccs. Nci'thcr West noithi Sroup that onrnizcdthc confcrencc rould saY how manYattcnded or wbat Oe cost was.

Housc said thc request to Molstad camcwhile Housc was a gucst spcaker atWest's Eagan headquartcn. "They had1 66ring in Minnesota in January.And I said o lMolstadl,'Gccz, thc poortittlc PIOs [public information officcrslnecd someihing like thir, and so shesaid;'Gce, maybc wc can bc hclpful.'"

Housc said court lawyen adviscd hcrthat Wcst could aot contribute thcmoney dircctly. lnstcaA she sai4 Wcstwcnt

-to thc Natiooal Centcr for Statc

Courrs' a nonprofit organization thatprovidcs training lo court employcesand judgcs. A Stant from West thcnpaid foi all transporution, lbod andiodgng for the two conventions. BothHousc and Molstad were spcakcn at atlcast onc of tbc convcntionr. Housc saidthc mccrinrr hd bccn sct up in accordwith dyioc froo jrdicid branch crhicscrpcfls. Hcr activity fcll wcll a{thin $ecodc of condrrt for judicid cnplopcgsbc said.

A judicial c{hicist at Nortbwestsn Uni'vcrsity, Stcvcn lrbct, ageca' sey[8Hontc't ectivitics in orglaiziry thc n1formstion ofrsr should bc applaudcdand encoura$d-

Al thc ltalph Nadcr-sponsored Tarpay'er AsscB Projcct, Jaiec Love is irarcthat Housc -i thi court's liaison to thcoutside world - had acceptcd bcncfitsevcn indirectty ftom West

'I find it astounding that whilc I haddcpcndcd on her to rcll membcrs of theSupremc Court wc had objected ro thciraoocptin8 gratuitics from Wcst, shc hadbccn acocpting gratuities from thc sanccompsoy for bersclf and her col-leagueq" hc said.

The states[.ast spring Wes! threw a party forsome 1,0(X) law librarians during whicbthc company honored Marcia Koslov,the Wisconsin state law librarian, with a$5,000 award- Instead of acccpting themoncy. Koslov dedicatcd it to an artfund i5r-hEr library. And other librari-ans, not WesL chosc her to receive theaward. But the award stirrcd sonttover-sy bccausc it was givcn while she servedon a task forcc that was expccted topropos€ a new citation system for Wis-consin court opinions. West and one ofitr compctitorc hurycrs CoopcrativeIac., had a hrgp stakc in thc proposal.

Wisconsin is onc of scvcral statc! whercsmall.scale publishcrs and somc offi-cials aryue that largc legal publishcnhave bccome too embedded in thc oper-ation of slatc courB. They contend thattbosc relationships are impcding thc ef-ficient movement of the courts iato theinforrration age.

In Wisconsin, Koslov urycd that WFstand l-awyers Cooperative be includedin the decision-makin8, proccss. Butthen shc opposed Wesl on the issue andhclped writc a report recommendingthat the statc adopt a citation sysrcmthat would be dercrmincd by the courts,not privatc publisben.

Thc annual West awards are one ofmany benefitr law librarians acccptfrom lcgl publishcrs, often through theAmerican Association of kw Ubraries.Thc organization includcs about 8ff)law librarians who work .for courts. orolhcr govcrament eutities and who of-rcn play an important rolc in decidingwhich products of legal publishcn willbc purcbescd and uscd-

Wcst routinely sponsoB parties at thcorgnization's national couventioas.Othcr legnl publishcrs also sponsor so-cial cvents or provi& travcl crpenscsfor librarians who atrcud thc conven-tions. And they award scholarships forthc librarians.

Westdefends actions,cites list of accomplishmentsMitors' Dote: Although executivcs ofWest Publishing Co. declined to beinterviewed in depth for today's arti-cles, the oompany issued a 6,000-wordletter on Feb. 22 in response to writtenqubstions prepared by the Star Tribune. While West's responses are rc-0cctcd in today's srticles, we wantcdto make these fuller excerpts availableto our readers.

CourtpersonnelWc bave bccn, and continue to be,involvcd in programs rearding lcgalmattcrs for the benefit of lrwyers, legalwritcrs, thc judiciary, @urt pctsonncl,law librerians, lsw studcnts and otbcnassociated with the law. We sponsorspeaken, scholarships, rcceptions, ancxhibits, events, conferences andawards. Wc do so to cducatc pcoplcaboul our oompaDy and our productsand about legal issues, to promotc thelOgal profession, aDd to honor excel-lencc. Your suggcstion that we engagein activities whicb are not of a kindprovided by our competitors is simplynol true. Our competitors have similarprograms for their own purposes . . .

An example of another organizationwhich receives funds from legal publislrers is the National Center for SurcC.ourts NCSC), which West belped tocstablish. NCSC received approxi-mately 596 of its 1993 opcrating rcvc-nue from private sources. NCSC,which has a Board of Directors con-sisting principally of state and localjudges, idcntified 90 corporate andloundation contributorr (not including

law firms) in its 1993 Annual Report.Among lhem are numerous comPanieswhich are or havc bcen litigans orcontractors with the oourts, includingCompaq Computer Corp., Dow Cbcm-ical Co., Elearonic Data SystemsCorp., Exxon and IBM, to name only afew. O4ianizations affiliated witb publishing arc also included in the list- lnaddition to us. contributors includethe McGraw-Hitl Foundation, MeadData Central, Inc., The Michie Com-pany, the Oatleigb L Thorae Founda'tion and Time Warncr, Inc.

PoliticalactionAt you Dote, our pcr:onnel and PACand thc pcrrcnncl and PAC of ourmain ouside counscl, have bcen ac-tive politically, including making substantial contributions to political par-tics and campaigns. This is tbcir rightas Amcrican citizcns We notetbat youdlege no ileptitics or impropricties inthis regard. Rather, your ooncernseems to b€ with the overall levels ofpolilical activity. However, within theitrictures of the law, the level of politi'cal activity is for each citizen to de-cide. It appears lhat you belicve thelaws regarding thcse mattcrs sbould bcchangcd. Ifso, the proper rhing for youto do is to seek to change these lawsrather than criticizc thosc who careful-ly comply with existing law.

Turning to the specifics you haveraised, bnce again the Star Tribune isdigging up the samc old tired srorYabout

-campaign contributions by the

Oppermani. Yes, thc Oppermans give

SundafrrePo?tI Setlen U.S.Supreme Courtlustices took luxuri-ous trips at WestPublishing'sexpense to nerpselgct the winnerol a $15,000 cashaward that theoompany bestowson a fedaraljudgeeach year. Duringthal time, tho courldeclined to reviewfve casEs thatlower courts haddocided in West'shvor 3 indudingtwo copyright matters of high impor-'tance to the com-pany.

I OnE appsalscourt iudgeaccepted the$15,000 awardwhile seMng on apanel that waspreparing'to issuean opinion in aWest copyrightcass.

I O0prlederaljudges withlurisdiction overWest casesaccepted VIP gotftoumament ticketsand atlendedreceptions paid forby the publisher.

I-fFolrtrcal candidates. We also oper-ate a PAC that has existed since 19E7,and our main outside counscl, the.ichatz Paquin l,ockridgp Grindal &Holstcin law firm, has a PAC thst hascontributcd to political candidatcs andcauses. All of these contributions aremadc in full oompliancc with FdcralElection C.ommission ("FEg') r€gula-tions and are a matter of public record.

Under existing law, all Americanshavc open aooesr to information re-grding coatributions ro political can-didates. Your abilig to locate informa-tion regarding campaig5t contributioDsis proof that our systcm of disclosingcontributions works well. While ourPAC has supported candidates whosepositions on issues enhance our abilityto grow, generate jobs and pay tares,we cxpect all public offEcials to actonly in what tbey bclievc to be arc thebcst interest of all Americans.

It is no surprise that contributions byour PAC, employees and represcnta-tives have increased in the last scvcralyean. Overall contributions by indi-viduals and PACs have also riscnsteadily. Your apparent conclusionthat campaign contributions have in-creased becausc we have issues "beforeCongress, the administration and thejudiciary" is just plain wrong OurPAC, employecs and counsel all havelong histories of being activc in thepolitical proc€ss. It is inaccurate to tietheir donations over the past 20 yeanto any specific issue or legislationpending before a government body.

Your inferenc€ thal such donationshave been made as one collective ef-fort is also tol.auy uDtrue . . .

Advaoces in tccblolqy at West bavchishligbtcd thc imporunoe of soundtclecommunications policl. By aaive-ly cngaging in tclecommunication poli-cy discussions, we find ourselves work-ing with corporations that direct someof the largest PACs in the country. Forexample,- AT&T has givcn over $5million to fcderal candidatcs in rhc lastfour ycars alonc. In addition, US Wcstbas given dmost $1.4 million andAmeritech ncarly $1.9 million. ThesceDonnous amounts of money dwarfour West PAC efforts. Spcnding bytelecommunication company PACsalone is almost 25 times more thanthat of the West PAC. Ycs, we have apreseDoe, but your effort to paint ourPAC as a major corporate PAC iswholly inaccurate and irrcsponsible.

ln Minnesota, there are approximately25 corporate PACs registered with tbeFEC. If you review lhe ten most prom'inent corporate PACs, ours ranks astbe fifth largest PAC in the Minnesouaorporate community. This "top ten"group of Minnesota business PACs hascontributed $5,680,568 to candidarcsfor federal office since 1987. Duringthat period, the fifth place West PACcontributed 3475,'148. The West PACshare of that toral thus amounts toonly eight pcrcent. The West PACeight percent share drops considerablywhen you include all 25 corporatePACS.

Lobbying activitiesIn addition to PAC contributions, oth-er lesal oublishers havc retaincd someofthi siost expcnsive eld higb proflclobbyists in Washinglon D.C. Patlon,Boggs & Blow, Piper & Marbury, andAndrews and Associatcs have repre-scntcd two of our major competiton,foreign conglomerates Recd Elscrierand Thomson C-orporation. ThomasBoggs, a federal lobbyist for TbomsonC-orporation, has pcrsondly contrihrt-ed in excess of t I 50,000 to candidarcsfor fcdera'l officc. We dso bavc a 6neexample in Minnesota, wherc the lobbying team at Faegre & Benson repre-sents Cowles Media and as notedabove, has bcen local counsel to MeadDau Ccntral. The Faege & Bensonlobbying tcam hes contributcd over$100,000 to candidates for federal of'fice in persoual and PAC contri'butions.

It is perplexing to us-that you continueto raise the issue of campaign con:ri'butions when it is clear that our coin-pctitors, tbeir outside counsel and lobbviss, ana thc board of direcron ofCowles Media are politically aaiveand cxtremely well connectcd- Is it fairto citicize our motives wben wc fol'low the same campaign linance lawsand operate under the samc rules as

our comp€titors, your board of direc'tors, and your outside counsel a3dlobbyists?

tilpottttcal candidates. We also oper-ate a PAC that has existed since 1987,and our main ouside counscl, the.ichatz Paquin t-ockridgc Grindal &Holstcin law firn" has a PAC that hascontributcd to political candidatcs andcauses. All of Oesc contributions artmade in full oompliance with FdcralElection Clmmission ("FEg') rcgula-tions and are a matter of public rccord.

Under existing law, all Americanshave open aooess to information re-garding contributions to political can-didates Yourability to locatc informa-tion regarding campaigrr contributionsis proof that our system of disclosingcontributions works well. While ourPAC has supported candidates whosepositions oo issues enhance our abilityto grow, generate jobs and pay tarcs,we expect all public ofificials to actonly in what they believe to be are tbebcst interest of all Americans.

It is no surprise that contributions byour PAC, employees and represenla-tives have increascd in the last scveralyears. Overall contributions by indi-viduals and PACs have also risensteadily. Your appareot conclusionthat campaign contributions have in-creased becausc we have issues "beforeC.ongress, the administration and thejudiciary" is just plain wrong OurPAC, employees and counsel all havelong histories of bcing active in thepolitical prooess. lt is inaccurale to tietheir donations over the past 20 yeanto any specific issue or legislationpending bcfore a governmenl body.

Your inference that such donationshave been made as one collective ef-fort is also totally untrue . . .

Advances in tcchnology at Wcsl havchieflightcd rbc importence of rcundtclecommunications policy. By aaive-ly engging in tclccommunication poli-cy discussions, we find ourselvcs work-ing with corporations that direct someof the largest PACs in thc country. Forexample, AT&T has givcn over $5milliss to fedcral candidatcs in the lestfour ycars alone. In addition, US Wcsthas given almost $1.4 m;ttis1 an6Ameritech nearly $1.9 million. Thesecnonnous amounts of money dwarfour West PAC efforts. Spending bytelecommunication company PACsalone is almost 25 times more thanthat of thc West PAC. Yes, we have apt€senoe, but your efrort to paint ourPAC as a major corporate PAC iswholly inaccurate and irresponsible.

In Minnesota, there are approximately25 corporate PACs registered with theFEC. If you review the ten most prom-inent corporate PACsb ours ranks astbe fifth larycst PAC in the Minnesotacorporate community. This "top tcn"group of Minnesota business PAG hascontributed $5,680,568 to candidarcsfor federal office since 1987. Duringthat period, the fifth place West PACcontributed 3475,448. The West PACshare of that toul thus amounts loonly eight pcroent. The West PACeight percent sharc drops considerablywhen you include all 25 corporatePACS.

Lobbying activitiesIn addition to PAC contributions, oth-cr leeal publisbers havc retaincd someof th-c uiost cxpcnsivc and hiSh profilelobbyiss in Washingon D.C. Panon,Bos&s & Blow, Piper & Marbury, andAndrcws and Associatcs havc repre'scnted two of our major competiton,foreign conglomerates Reed Elserierand Thomson C.orporation. TbonasBoggs, a federal lobbyist for ThomsonCorporation, has personally contribut-cd in cxccss of $ I 50,000 ro candidaresfor fedcral ofrce. We also havc a frneexample in Minncsota, where the lobbying tcam at Faegrc & Benson repre'sinu Cowles Media and as notedabove, has bcen local counsel to MeadData Ccntral. The Faegre & Bcnsonlobbving tcam has contributcd over3t0d,000 to candidates for federal of'fice in personal and PAC qontri'butions.

It is perplexing 10 us that you contiE,u€to raise the issue of campaigt conri'butions when it is clear that our co:n'pctitors, their ouside counsel and lob'bviss. asa tbc board of directors of6wl* Modia arc politically activeand cxtremely well conncctcd. Is it fairto criticize oirr motivcs when we fol'low the same campaign linance lawsand ooerate under the same rules as

our competitors, your board of direc'tors, and your outside counsel a3dlobbyists?

U)

(I)o)c(dl-

5OcQ)

ccc)EEooIo)coE(dE=ao().Qo

a{dqrIIct)cttgII.Y(EPrFooC

)IIFo(El-C

L

gII!toPoocttctf=ooEl-eoE

Eg **fiE

s; r*rEigi cE

e Eifi S

EE

EE

ES

E,

i.! el€: gE

gis

3;aB.e

lo

clo,:la.oo?6,.,aalU

..'r

Pd,

alt€,L

o,C't

E35 t.

€LdE,o

Ol-

C,

#'bE r

6n*t3ootE

FO

aPa, >

r G, .E

E-o'>

ftiE

i'o,P

Ft!a^

€*€..F

5'

Cr?

e, o arE a

:\t.+rot

! C

'0c, t,F.C

C' F

>

\Er,

C?

C C

o3r.E!,la

t.G

aCrg

aract.9-3o.E

{tDE

lgg-|u O

CrttF

A€

G' E

. .

acLarI>r

orr=-€

ozt)t.6c,E

O

o'9C

'rF

>r

| (/lcg

t?c-O?c

6l8.l.o.G

Ct :t

a, o€.!r .c

.lr +, u

r C

-oL-a)

6F-

4,6 l-

n.E-tt

6 0 lJ

S "- 31.,

r:t-r 3:

Euroca,

cr: >

'*dEF

=O

Fxe

(l ll

lUat \L

64I

ar,P J

TG

?O

O.r=

Q'+

r.F

o gt3

tfKE

F:A

€iir3-€:fI0u!,eF

- iJS

t.eE

EF

.E?LO

: Esi

9..,t:- -ict rll, v9LE

E:H

tl5-"

I;Etg€\o*

df

EE

Es

sEF

g

€E E

g

Eeee

g;EE

e

gE;€E

$F3E

E

aco!.c.t!

&ri

roscl!a

aico(go-,3.9Jx!-sooEEg6F

to.E8og,lltro.E:@ttgtocr!c,6oE8

aE€oa6e;65p.sE

Eo!6gtt>o.ct

Hg

ge

gEaaoo= ltos=

.9,IUoC

Lc\oc3o())e6Eo,c6

fTU

Itso'trEITE

Loc'oI'|It5?

E:f,aoa(U()

$EgE

'

tl

;EiE

E!$iE

HE

i*

#EgEsE

E

IEE

Elii

EE

E E

9gE

E lE

E E

Egi

i*lEgi*E

gig

c)Eo(')#-T-,o(1)(-

5-F,

coct)ctrl-IC

daL.C

U

6obac.9EbCN

C,q)- !

a-

= (uIo.Cfatr= oo.C= l-ooooct)(ELoF(rJTocI

oCtgtroU'

l()EDco6bttco=

lz

$sf,eS

't 1

s€g

:g€

stE8.9 g, >Eto

a)-ocleqc,

ccTt)aC'

a=oE't=E

l3

1 r I

',rI

I:6EE

:F:E€EiiH

gE

!l€ P

s -:

ilII. .i

-ndt-9- m

E

I

: E

t

a! Y

O X

--9gaa--vt--'=

g -5-

.r-

Fe-e;-

!8, i

ad=l

6.=-J.l

rc l

vo -hai!

E-

F?-F

E-a-.,!

.rE-JA

-9^ d

a=alI-llF

arEi

-v,-=E

--E-F

zz,x. s.x.-F

lt r

Ff<

E9-

I d

d eiDt

.Fi 6!E

6

olOA

--

=E

Ea

EE

I q

*Eo6Jtc6gcl!t(Eo=siootosg

cotr€t-otoL(,a-troLJ(,o-o

osJEEt!jod|5-

t{

rsBi€E

gEg E

EE

E ?gE

;!E€

ffi#t ii H

l* ffitlta)Eet.l)'€(llEt,' :itig

Eg

EH

EE

,i*ffiE iH

-

:EE

ffiE

I\EaIII(EEl-=orET'

IIoI-cIIEP\tooIIlrrPtoIlolIIIlclc)l{JtoIg

rOIlr)o,o)bE()(!(E!,Cooc=aoat

l5

Jt

9g EF

ea ; F; igE

gt gI ggEgg

F:E

E E

ggfugi*sigEaiF

* +tB

,

EE

gH

i

3Egdtdt-egEg

-E goCE

gEEE

E

FE

I

iFa

=oEgE

giEE

EE

€;Fgss

EqE

EP

;(E

e-l!!9

EE

gg, a?ET

EE

g

EF

FE

l6

r/)O

)o)bEo(!\6oc=2tr6o

l-lt{

3n;E iE

F 1=

;zi

Ffi*E

gE

EE

iE

E

fi?EE

E*E

ge€

.>d8

n E

ssEi i;e:a

E

EiE

€g gieiA

.E

EE

€g[EiE

Ege

E

g:EE

€FilF

?!

E

,EF

F€i;:E

E

*HF

EE

si€a*;

+igiIggE

*

T

IEI ff:gggffg

fi IE

I iiEilE

FE

t

# lE

l lEigggE

EE

rc,C

Do)6tNb(E=-clEaE0)cE

'-oF$E

@Azo.i

I

Fg

{-cdd€J v-sa*eE

$sI F

.\:.3 NtsEO

.-^:sdE

FS

r€E

a I ai*&tsri99^

i L>F

E+

r ct,.c ) E

Q at=

1*E.b:

Eiistgii;€ li:E

;a s!€;€e?r€+{E

E?:

E I E

] ; iSE

Ei - IE

Eu*U

'iiFiiF

3iFF

EiiF

i;*>

Fs'iE

P=

=i*i€ agE

Ei

: =

a--

,e E

!:

rO-er=

=

:lb

>.G

lE

E=

-it^€ o-t

- o

G

-^-s:.--l o

E :

= 'IE

P; g=

E

= E

UU

:gi Eg5A

EgE

EgE

iEE

i

! -

=lJ E

cLd F

;

E igg;E

: B! B

E g gaF

F$E

I i li5E€ i

: E i g[l iiii

gE lgig?E

BE

igi €iE$ii$

g iii aii;3iiaai illii E

ii?gEagl ffiffi

E

c€bncgcnbr)Ats(

o-ssotr(cgaa{r)ct)otr-C

nG

I

= *r)Cn

-(J?q)d=

EFoF{

*

lr)O)

O)

C\i

c\lb(d=ootLj(dEU

)

I()=o

*a

l:t-a

* P,3 ''- Z

i .E

-'ii "?-=

- =

.^:: tr (!'0

t-=

- -+

-=

r,trt:f E

: :.E:€ rE

€ias t::i i;5.':

sg€EF

agEE

EgE

f i:tf E

+ir;ti

oi-:Fn=

t,::iF+

g;.3 s€ g

;!-€

-.:'ca)==

=

*;;Ei €E

t

grisaiiaii!ii?slliiliia iiiiiiii iEiA

iEIg

sFa: E

f:F!=

i! eE€E

E: $ , E

, iu=: i-u e € E

€*; E

E; i;

E

E ;f H

;EE

F ilF

€€f,Eii

i ! E:.t iiE

sr. s =; l;*;

eatsEi;t€a*lE

tEticg

FF

:f,;g*t *PE

;IEI:;;E

Fg; E

*eEE

gE?E

q: i': sr:; E

'ssg€;gEuegE

!:gg€

;EgE

gE

,igiig€'

^sd(€\$$sN$isgets$

+* i

sEE

g

.: E U

3--.9 !

: pE =

EE

Zctl

'=;

4vvL

+E

e ;:5 g

i.-s7 od P

tE

-.3-; ;6 E

z

3;E ?sE

aaE

E €:;!

r g:*:;tes

Why West isFighting Hard

Even the critics ofthe Minnesota-based West Publishing have highpraise for its infonnation producs -annotated court opinions orpn izedaccording to a citation sptem thathas become the standard, andavail-able in hard copy or on West's on-linedatabase ,Westlaw.

"People rvill pay good money forwhat West sells, " sapJamie [,ove, theexecutive director ofthe TaxpayerAsser project- "But they are still monopolizingan industry"

Fora cenruryWest has held a de

facto monopoly on the legal informa-dt-rn held, and was so authoritativethat rhe Depanment ofJustice paidthem to help maintainJugls, its elec-rronic database. But in recent vears.

West has been fighting a series of le-gal battles in the face ofincreasingcourperidon frorn a series ofsntaller,cut-rate electronic competiton in ten ton breaking West's monopoly by es-

ublishing a public domain citationsrstt'rn for legal documents.

'Ther're tlre peoplc tr'ho tr'artt tr-r

do a qrrick hit ... who rrant to addnothing btrt frankly leech offothers."Vance Opperrnan, President of \\tstpublisliiug. told I'he Anrericrurl,arwer's Hansen in September 199{.' lThey are] the people rvho wirnt togo into a room, take our books ... rip(he corers off... copy er'ewthing...and pocket rire douglr."

I{y?crlarv, a New}brk CD-ROMcompany. is suingWest overits clairnto copyrigha on is page numbers,which courts requirein legal cita-tions.

"When an electronicversion is

arailable, and if the competition sets

up a betternotation sptem, thenWest is in houble," said one Housestafier. They are aying to forestallthat day."

"We are so small and West isso big,"sals Tom Field ofTax furalyss, a

group seeking access IoJURIS underthe Freedom oflnformation AcuField is also secreart of TheAmerican Asociation of lrgalPublishen - a consortium pushingto op€n the legal information fieldup to smaller prirarc vendors.

\4?st has been fighting hard to stoP

the compe tition lrom gaining an ad-ra'pgge. I esl fall, x ppeposal for apublit database run by theDepanmen t ofJustice nas dmppedafter a letter from nine members ofthe lv{i n nesou congressional delega-tion to President Clinton voicing objecdors to *re plan.