Supreme Court Adopts New Code of Conduct Amid Scrutiny of Ethics Practices

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ICARO Media Group
Politics
13/11/2023 21h45

In response to months of intense scrutiny and mounting pressure, the Supreme Court of the United States issued a code of conduct on Monday, signed by all nine justices. The new code lays out formal rules aimed at upholding the integrity and independence of the judiciary while avoiding any impropriety or the appearance of impropriety in their activities.

The freshly adopted code of conduct encompasses five canons that the justices are expected to adhere to. It emphasizes the importance of maintaining the integrity and independence of the judiciary, as well as avoiding any conduct that may raise doubts about their impartiality. The document lists specific circumstances in which a justice should disqualify themselves from a proceeding.

While the new policy draws inspiration from the code of conduct applicable to federal judges on lower courts, the justices highlighted in a commentary that the new policy is tailored to the unique position of the Supreme Court within the tripartite governmental structure.

A statement released by the justices explained that the purpose of the code is to consolidate and clearly outline the ethics rules and principles that guide their conduct. The court acknowledged that the absence of a formal code of ethics in recent years has led to a misconception that the justices consider themselves exempt from ethical guidelines. With the adoption of this code, the court seeks to dispel this misinterpretation and ensure transparency and accountability in their actions.

The newly implemented policy sets certain limitations on the justices' engagements outside of the court, stressing that their activities should not interfere with their official duties or compromise the dignity of their office. It also cautions against using resources or staff for purposes other than official functions or permitted activities.

Enforcement of the code of conduct remains uncertain, with no explicit mechanism identified. The justices have directed court officers to evaluate best practices from other federal and state courts to facilitate compliance. The court will also assess whether additional resources are necessary in the Clerk's Office or Office of Legal Counsel to effectively review recusal and ethics-related matters.

In response to the adoption of the code, Gabe Roth, executive director of Fix the Court, expressed dissatisfaction, stating that the code lacks an enforcement mechanism. Roth contended that without robust measures in place, the public may question the justices' commitment to ethics and transparency.

The Supreme Court's decision to adopt this code comes in the wake of revelations about the travel arrangements of Justice Clarence Thomas and Justice Samuel Alito, as well as allegations of impropriety involving Justice Sonia Sotomayor. The Senate Judiciary Committee initiated an investigation into the court's ethics practices and invited Chief Justice John Roberts to testify, a request he declined. The committee, led by Democratic Senator Dick Durbin, has urged the Supreme Court to establish a binding code of ethics and warned of potential congressional action if they failed to do so.

Individual justices, including Brett Kavanaugh, Amy Coney Barrett, and Elena Kagan, had previously expressed support for implementing an ethics code during public speeches.

The adoption of this code of conduct marks a significant step towards enhancing transparency, accountability, and ethical standards within the Supreme Court. It is a response to the call for reforms and aims to restore public trust in the highest court of the land.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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