SCOTUS: Supreme Court finally adopts ethics code.

Bowing to ongoing criticism about perceived appearances of impropriety and conflicts, on November 13, 2023 the Supreme Court announced that it was adopting its first ethics code. It has operated without one since it was established under the Constitution and Judiciary Act of 1789.

In contrast, most other federal courts and state courts are subject to judicial ethics codes that, among other things, provide cannons that guide judicial conduct, means of reporting perceived violations, and enforcement mechanisms.

Most states have adopted the Code of Judicial Conduct, which require judges to annually file financial statements which are publicly available, impose limitations on political activity, and require judges to recuse themselves in cases where they have a conflict of interest or an appearance of impropriety,

While critics have applauded the creation as an important first move, the adoption of the code of conduct largely represents the codification of principles by which the Supreme Court purports to have operated and maybe toothless.

As an institution that emphasizes giving words their plain meaning when interpreting statutes, the Supreme Court’s use of the terms “should” and “shall” suggest the code of conduct is little more than guidance. Moreover, its ban on activities that give rise to a conflict of interest only prohibits the “knowing” participation in a prohibited activity, suggesting an “oops” defense for unknowing violations.

A copy of the code can be found here: Code-of-Conduct-for-Justices_November_13_2023.pdf (supremecourt.gov)

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