Here is how SCOTUSblog characterizes Judge Roberts’ reply regarding his pro bono work on the landmark gay rights case, Romer v. Evans, 517 US 620 (1996).
Specter asks about Roberts’ pro bono role in Roemer [sic] v. Evans. Roberts – he was asked regularly to work on matters relating to the Court and “never turned down the request.” Lawyers “don’t stand in the shoes of their client.”
This was more or less precisely how I described this (non-)issue back in August:
When you work for a private law firm, you’re on the client’s side. End of discussion. If you have a particular expertise (e.g., federal appellate practice), you offer your services to your colleagues.
It might have been an issue if he had refused to work on the case out of some form of anti-gay antipathy. But helping your firm and declining to “stand in the shoes of the client” is nothing more than normal ethical lawyering.
Good for him.
More thoughts from Ace Pryhill.