U.S. Supreme Court Introduces Code of Conduct Amid Ethics Controversies
ICARO Media Group
The U.S. Supreme Court has released a formal "Code of Conduct" for its justices, addressing long-standing criticism that the court lacks transparent and enforceable ethics guidelines. The 8-page code, signed by all nine current justices, aims to ensure that justices avoid impropriety and the appearance of impropriety in their actions both on and off the bench.
The newly introduced code closely resembles the code of conduct already in place for lower federal court judges. It outlines expectations for justices to uphold integrity, impartiality, and independence in their judicial responsibilities. The code emphasizes that justices should not let family, social, political, financial, or other relationships influence their official conduct or judgment. Furthermore, it advises justices to avoid activities that may detract from their office's dignity, interfere with their official duties, or reflect adversely on their impartiality.
The release of the code comes as the Supreme Court faces a decline in public confidence and growing perception that it lacks rules and oversight. Recent ethics controversies involving justices have fueled these concerns. Justice Clarence Thomas faced criticism for unreported financial ties and luxury travel with a billionaire GOP donor, while Justice Samuel Alito was accused of accepting and failing to report private jet travel and accommodation at an Alaskan fishing lodge. Justice Sonia Sotomayor also faced allegations of using taxpayer-funded court staff to promote her books on college campuses. All justices involved denied any wrongdoing or conflicts with official court business.
To address the need for compliance with the code, Chief Justice John Roberts has called for a review of internal oversight mechanisms. The court will assess whether additional resources are required in its Clerk's Office or Office of Legal Counsel to oversee recusal and other ethics issues. Financial disclosure compliance will continue to be overseen by the court's Office of Legal Counsel and the Administrative Office of U.S. Courts' Financial Disclosure Committee.
While Senate Democrats have proposed imposing an independent oversight and enforcement system for a code of conduct on the justices, the justices themselves have expressed constitutional concerns and opposed such arrangements. However, several justices have recently voiced support for an ethics code in response to public pressure. Justice Amy Coney Barrett referred to it as a "good idea," Justice Brett Kavanaugh expressed hope for its adoption, and Justice Elena Kagan deemed it a "good thing" for the court while acknowledging the need for certain adjustments.
Progressive groups critical of the Supreme Court's conservative majority contend that the newly introduced code falls short of what is needed. They argue that the use of the word "should" around 53 times, compared to only 6 mentions of the word "must," indicates that the code may be viewed as more of a suggestion rather than a binding and enforceable guideline.
Despite the code's release, Democratic Senator Sheldon Whitehouse, chairman of the Senate Judiciary Courts Subcommittee, believes that congressional legislation is needed to establish a transparent process for investigating possible code violations and enforcing the rules. His proposed ethics bill would create a mechanism to handle complaints and would involve a panel of chief judges from lower courts to investigate and make recommendations based on those complaints.
With the introduction of this code of conduct, the U.S. Supreme Court aims to enhance its public standing and address concerns surrounding judicial ethics. The court acknowledges the importance of maintaining integrity, impartiality, and public confidence in the judiciary system, and seeks to dispel the perception that it operates without any rules and oversight.