The US Supreme Court has released its first-ever set of ethics rules in response to increasing scrutiny and public concern surrounding the behavior of its justices. The nine-page “code of conduct” comes after recent news reports of gifts and holiday arrangements being lavished on several of its jurists. While lower federal courts have been governed by an ethical code since 1973, this marks the first time the highest court in America has established its own rules.
In a paragraph introducing the guidelines, the justices stated that they had previously adhered to unwritten ethical rules stemming from various sources, including the lower court code. However, the absence of explicit rules had created a misunderstanding that the justices viewed themselves as unrestricted by ethical guidelines. The new code aims to address this perception.
The code of conduct, although lacking an enforcement mechanism, provides a framework outlining how justices should behave, perform their duties, and conduct themselves in non-judicial and financial activities. Justices are advised to assess whether speaking at an outside event would create an appearance of impropriety in the minds of the public. The guidance clarifies that most academic, legal, religious, or cultural associations would not present an issue, while events affiliated with political parties or campaigns would.
The code also specifies circumstances that require justices to disqualify themselves from participating in a case, including biases or prejudices towards a party involved or having a vested interest that could be substantially affected by the case’s outcome. The need for clearer ethical guidelines became apparent after media organization ProPublica published an investigative report on Justice Clarence Thomas’s relationship with wealthy conservative activist Harlan Crow. The report revealed Thomas had not disclosed expensive holidays and private jet transport arranged by Crow, nor did he report other benefits provided by Crow.
The court’s release of the ethics code is unlikely to alleviate the criticism it has faced, particularly from liberal groups who have denounced the court’s recent conservative rulings. Critics argue that the code lacks teeth, as terms like “should” are used rather than more assertive language such as “shall” or “must.” Despite this, the introduction of the code demonstrates that the justices acknowledge the significance of public concern regarding their ethics.
The court stated that it would consider seeking further guidance to expand or amend the rules, particularly concerning financial disclosure and recusal from cases. Public trust in the Supreme Court has sunk to near all-time lows, with recent controversial decisions further eroding confidence in the institution.
This development presents an important step towards addressing the ethical concerns surrounding the US Supreme Court. While the code currently lacks a means of enforcement, it signifies a recognition on the part of the justices that clear ethical guidelines are necessary to ensure public trust in the judiciary. With further guidance and potential amendments, the court may strengthen the code’s effectiveness and foster greater confidence in its decision-making processes.
