On September 25, 2005, President Bush nominated Payne to a seat on the United States Court of Appeals for the Tenth Circuit vacated by Judge Stephanie Kulp Seymour, who took senior status on October 16, 2005.
Most district courts have computer systems designed to help monitor such conflicts of interest, but judges must enter their financial information and use it.
[2] This prohibition, established as federal law in 1974 by Congress after the Watergate scandal, is intended to uphold the integrity of the judicial system.
Professor Steven Lubet, of Northwestern University School of Law, by contrast characterized Payne's actions as "careless mistakes" that were not very significant in terms of the cases or his career.
In addition, the Senate Judiciary Committee and the chief judge of the 10th Circuit said they would investigate Payne's record further.
He wrote to President Bush saying that he needed to oversee renovation of information technology systems of the District Courthouse in Muskogee.
[3] The allegations concerning financial conflicts of interest created the appearance of "extraordinary circumstances", which would have prevented his confirmation under the terms of the Gang of 14 deal.