June  4, 1996

The Honorable William Jefferson Clinton

President of the United States

The White House

1600 Pennsylvania Avenue, N.W.

Washington, D.C. 20500


Dear Mr. President:

This is to advise you that I intend to retire as a judge of the United States Court of Appeals for the Third Circuit effective July 31, 1996.  It is apparent that there are those who have decided to "Willie Hortonize" the federal judiciary, and that I am to be one of their prime targets. As a result, I expect that my decisions will continue to be used against you and others in the upcoming campaign, but I cannot and will not alter them because they might. I had intended to remain on the court so long as I was physically and mentally able, but the constant politicization of my tenure has made that lifetime dream impossible for me. 


It is ironic that I do not stand charged with misconduct, but rather with protecting the constitutional rights of persons accused of crimes -- a somewhat astonishing accusation to be leveled against a federal judge, since my oath and conscience prohibit me from doing otherwise. In the current political campaign, enforcement of constitutional rights is equated with being soft on crime and, indeed, even with causing it. The Bill of Rights is characterized as a collection of "technicalities" -- the only "right" apparently remaining is to own an automatic weapon capable of killing a room full of schoolchildren in a few seconds. It is my unerring view that if the Bill of Rights were repealed tomorrow and no judge could enforce them, that it would not make a ripple in the amount or nature of crime in this country. To hold judges responsible for crime is like blaming doctors for disease. 


The current tactics will affect the independence of the judiciary and the public's confidence in it, without which it cannot survive. So long as I was the focus of criticism for my own opinions, I was designed to take the abuse no matter how unfair or untrue, but the first moment I considered whether or how an opinion I was preparing would be used was the moment I decided that I could no longer serve as a federal judge. 


The court and the country will survive easily without me. Some undoubtedly will cheer my departure, but what they may view as a victory is, in reality, a defeat for our judicial system and its most essential ingredient -- an independent judiciary. 


I thank you for the confidence you demonstrated in appointing me to this distinguished court. I regret that there are those who are willing to sacrifice my life's work and reputation for their own political gain and have deprived me of the opportunity of fulfilling my commitment to the work I love and the principles I hold most dear. 


Respectfully yours,

H. Lee Sarokin


[Editor's Note: Following is the text of a second letter Sarokin addressed to his colleagues on the Third Circuit.] 

June 4, 1996


My dear colleagues:

I have decided to retire from the Court effective July 31, 1996. I do so after great thought and with extreme reluctance. 

There are those who will say that my decision was based upon the rejection of my request to move my chambers to California. I assure you that is not the case. I did not respond to the committee's recommendation against approval of my request before the Council voted, because I had already decided that if the political attacks upon me continued, I would probably leave the court, even if the move were to be approved. They have continued and give no indication of letting up. My tenure on the court has become so politicized that I do not feel that I can serve effectively. 

As to the decision rejecting my request to move, I accept it and bear no hard-feelings as a result of it. I do not believe for a moment, as was suggested in the pres, that it was in any way motivated by my so-called judicial philosophy or any opinions that I have or may render. Nor do I think that my brief tenure on this Court played any part in the decision, as has been also suggested in the press. But in this regard, I would not fault anyone for considering it, although I would hope that my entire time on the federal court was taken into consideration. 

I was disturbed that my request to move to California was described by an undisclosed court representative in such an unfair light. My proposal was predicated upon my belief that, if approved, the move would result in an annual rent saving of approximately $40,000, rather than as the press reported, increased staffing requirements and expenses. 

I am disheartened and saddened at the prospect of leaving the court. I am distraught and angry over the constant mischaracterization and in some instances outright lies, regarding my opinions both on this court and on the district court. Several of you have kindly suggested that the political attacks will disappear after the election. However, I see my life's work and reputation being disparaged on an almost daily basis, and I find myself unable to ignore it. It has affected my ability to work. 

Finally, despite my brief stay with this court, I have developed great respect and affection for its members. You have all been most helpful and welcoming of me. Indeed, it is because I have seen my colleagues so devoted to their work and to the rule of the law, that I find so offensive the suggestion that any of us are motivated by anything else. I will miss you all and thank you for your courtesies and friendship. This is a great court and you have made it such. 

Your colleague forever,

/s/ Lee

H. Lee Sarokin