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Democrats frown on judges' testimonySeven of Alito's colleagues speak at Supreme Court hearingFrom Bill Mears RELATED
SPECIAL REPORT
• Gallery: Current justices
• Gallery: Quotes from Alito rulings
YOUR E-MAIL ALERTSWASHINGTON (CNN) -- As the fourth day of sometimes-contentious hearings for Supreme Court nominee Samuel Alito came to a close Thursday, Democrats expressed concern over an unusual move in which seven of Alito's fellow judges on a U.S. appeals court testified on his behalf. Democrats challenged the move as a violation of the judicial code of conduct -- an allegation GOP senators refuted -- and that it presents a conflict of interest because the judges' cases could come before Alito on appeal if he's appointed to the high court. Sen. Patrick Leahy, D-Vermont, was the only lawmaker to raise the conduct issue directly to the panel, and Democratic staffers quoted a section of the judicial code of conduct that states, "A judge shall not testify as a character witness." The same section, however, permits judges to act as witnesses in the judicial selection process, and some judges have testified in previous hearings for Supreme Court nominees. That so many came out to stump for Alito is unprecedented. The current and former judges from the 3rd Circuit U.S. Court of Appeals in Philadelphia, Pennsylvania, all have worked with Alito. Senate Judiciary Committee Chairman Arlen Specter, R-Pennsylvania, said he invited the judges after meeting last month with his old friend Judge Edward Becker, who sits on the court. "It became perfectly obvious to hear the testimony of the people who really know this guy," Specter said. Alito, who wrapped up three days of testimony before the committee earlier Thursday, was not present when the judges spoke. They all praised his personal qualities and record as a judge, but they did not comment on specific cases. "I have never seen a chink in his armor of integrity." Becker said. Added Judge Anthony Scirica: "He is attentive and respectful of all views and is keenly aware that judicial decisions are not academic exercises but have far-reaching consequences on people's lives." Scirica also defended the decision to allow Alito's fellow appeals judges to testify. "We have a unique perspective on Judge Alito, a perspective no one else has. Anyone can read and interpret his opinions, but we know Judge Alito from almost daily contact over a period of years," said Scirica, the chief justice on that appeals bench. But Sen. Russ Feingold, D-Wisconsin, was still concerned and told Alito, "I think it may raise something of an ethical issue for you. Will you have to recuse yourself from any case where one of these judges was involved?" Alito did not give Feingold a direct answer. "That's not a question that I've given any thought to before this minute, senator. So, I don't know that I could answer it, and I would want to answer any recusal question very carefully," the nominee said. Specter said there were several examples of federal judges testifying for high court candidates, but he did not cite any instances in which so many judges from the same panel gave testimony. Federal judges testified on behalf of Justice Clarence Thomas and Chief Justice William Rehnquist during their hearings, Specter said. Also, Chief Justice Warren Burger had been retired for a year when he testified during Judge Robert Bork's contentious confirmation hearings in 1987. Though federal judges have testified on behalf of nominees in the past, the Supreme Court Historical Society confirmed it is the first time a panel of judges from the same federal circuit testified for a colleague nominated to the high court. 
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