Jiminy crickets! When is a favor not a favor?

Ohio Supreme Court spokesman Chris Davey said it was “silly” for environmental groups to object to the recent travel arrangements made to fly Chief Justice William Rehnquist to Columbus to dedicate our state’s new 15-story judicial center.

Apparently others disagreed with the decision to use a corporate jet owned by American Electric Power. Thanks to Jim Provance of the Toledo Blade who reported on May 14, 2004 the story titled “Chief Justice Criticized for Ohio Travel Plans”, the news quickly spread to the New York Times (“Ohio Groups Question Justice's Trip on Utility Jet”, May 14, 2004). The Associated Press article (“Rehnquist's Corporate Jet Trip Questioned”, May 15, 2004) appeared not only in Ohio newspapers but in far-flung places like the Kansas City Star, the Las Vegas Sun, and the UK Guardian Unlimited.

Perhaps we in Columbus should be grateful that Ohio Supreme Court spokesman Mr. Davey and Ohio Chief Justice Thomas Moyer know how the real world operates. They just ask AEP to lend its corporate jet to make it easier for the ailing Mr. Rehnquist to get to the dedication. Furthermore, we should respect Davey and Moyers for a real coup: getting somebody that important to stop by for 15 minutes. As Justice Moyers said, “I've been asked a number of times how did we get Justice Rehnquist to come to Ohio for the dedication ceremony. We provided transportation, for one thing. It seemed the appropriate thing to do.”

Never mind that American Electric Power is being sued by the Environmental Protection Agency and Justice Department for allegedly violating the Clean Air Act in a case that might eventually reach the Supreme Court. We are being reassured that no impropriety has taken place because the Ohio Supreme Court plans to reimburse AEP for the $3800 cost of the round trip flight through the funds raised by charging $75 to those attending the ceremony. Also, how the hosting group pays for travel arrangements does not impugn the honor of the guest, according to the Ohio court rules.

Whether a real impropriety took place is secondary to the appearance of impropriety. The Supreme Court already has one conflict of interest situation involving free government transportation for duck hunting trips provided to Justice Antonin Scalia by Dick Cheney. As far as we know, the Rehnquist trip did not involve the shooting of any ducks and was for a public purpose. But Mr. Davey explained, “The President of the United States does not fly on commercial airlines and generally neither does the Chief Justice of the United States.”

Ohio Citizen Action and the Ohio League of Conservation Voters have expressed their concerns. We should all be concerned that the Ohio Supreme Court appears to have many friends at AEP. Links to many of these news stories are available online at www.ohiocitizen.org.

Madeline Shaw is the COG newsletter editor.