SUPREME COURT OF THE UNITED STATES STATEMENT OF THE COURT
REGARDING THE CODE OF CONDUCT
The undersigned Justices are promulgating this Code of Conduct to set out succinctly and gather in one place the ethics rules and principles that guide the conduct of the Members of the Court. For the most part these rules and principles are not new:
The Court has long had the equivalent of common law ethics rules, that is, a body of rules derived from a variety of sources, including statutory provisions, the code that applies to other members of the federal judiciary, ethics advisory opinions issued by the Judicial Conference Committee on Codes of Conduct, and
historic practice. The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules. To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct.
NOVEMBER 13, 2023
CODE OF CONDUCT FOR JUSTICES OF
THE SUPREME COURT OF THE UNITED STATES
CANON 1: A JUSTICE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY.
A Justice of the Supreme Court of the United States should maintain and observe high standards of conduct in order to preserve the integrity and independence of the federal judiciary.
CANON 2: A JUSTICE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES.
A. RESPECT FOR LAW. A Justice should respect and comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
B. OUTSIDE INFLUENCE. A Justice should not allow family, social,
political, financial, or other relationships to influence official conduct or
judgment. A Justice should neither knowingly lend the prestige of the judicial
office to advance the private interests of the Justice or others nor knowingly
convey or permit others to convey the impression that they are in a special
position to influence the Justice. A Justice should not testify voluntarily as a
character witness.
C. NONDISCRIMINATORY MEMBERSHIP. A Justice should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.
CANON 3: A JUSTICE SHOULD PERFORM THE DUTIES OF OFFICE FAIRLY, IMPARTIALLY, AND DILIGENTLY.
A. RESPONSIBILITIES. A Justice should not be swayed by partisan
interests, public clamor, or fear of criticism. A Justice should participate in
matters assigned, unless disqualified, and should maintain order and decorum
in judicial proceedings. A Justice should be patient, dignified, respectful, and
courteous to all individuals with whom the Justice deals in an official capacity.
A Justice should not engage in behavior that is harassing, abusive, prejudiced,
or biased. A Justice should not retaliate against those who report misconduct.
A Justice should require similar conduct by those subject to the Justiceโs
control.
A Justice should take appropriate action upon receipt of reliable information indicating the likelihood of misconduct by a Court employee. Except as provided by law or Court rule, a Justice should not initiate, permit, or consider ex parte communications or consider other communications concerning a pending or impending matter that are made outside the presence of the parties or their lawyers. If a Justice receives an unauthorized ex parte communication bearing on the substance of the matter, the Justice should
promptly notify the parties of the subject matter of the communication and allow the parties to respond.
A Justice should not knowingly make public comment on the merits of a matter pending or impending in any court. The prohibition on public comment on the merits of a matter does not extend to public statements made in the course of the Justiceโs official duties. For scholarly, informational, or educational purposes, a Justice may describe the issues in a pending or impending case. A Justice should require similar restraint by Court personnel subject to the Justiceโs control. A Justice should not direct Court personnel to engage in conduct on the Justiceโs behalf or as the Justiceโs representative when that conduct would contravene the Canons if undertaken by the Justice.
B. DISQUALIFICATION.
(1) A Justice is presumed impartial and has an obligation to sit
unless disqualified.
(2) A Justice should disqualify himself or herself in a proceeding in
which the Justiceโs impartiality might reasonably be questioned,
that is, where an unbiased and reasonable person who is aware
of all relevant circumstances would doubt that the Justice could
fairly discharge his or her duties. Such instances include, but are
not limited to, those in which:
(a) The Justice has a personal bias or prejudice concerning a
party, or personal knowledge of disputed evidentiary facts
concerning the proceeding;
(b) At a prior stage of the proceeding, the Justice represented
a party, or a lawyer with whom the Justice previously
practiced law served during such association as a lawyer
for a party, or the Justice or lawyer has been a material
witness in the proceeding;
(c) The Justice knows that the Justice, individually or as a
fiduciary, or the Justiceโs spouse or minor child residing in
the Justiceโs household, has a financial interest in the
subject matter in controversy or in a party to the
proceeding, or any other interest that could be affected
substantially by the outcome of the proceeding;
(d) The Justice or the Justiceโs spouse, or a person related to
either within the third degree of relationship, or the spouse
of such person, is known by the Justice: (i) to be a party to
the proceeding, or an officer, director, or trustee of a party;
(ii) to be acting as a lawyer in the proceeding; (iii) to have
an interest that could be substantially affected by the
outcome of the proceeding; or (iv) likely to be a material
witness in the proceeding.
(e) The Justice has served in government employment and in
that capacity participated as a judge (in a previous judicial
position), counsel, advisor, or material witness concerning
the proceeding or has expressed during prior government
or judicial service an opinion concerning the merits of the
particular case in controversy.
(f) The Justiceโs spouse or a person related to the Justice or
the Justiceโs spouse within the third degree of relationship,
or the spouse of such person, is known by the Justice: (i) to
have served as lead counsel for a party below; or (ii) to be
an equity partner in a law firm that appears before the
Court on behalf of a party to the proceeding and the Court
has not received written assurance that the income from
Supreme Court litigation is permanently excluded from the
personโs compensation.
(3) The rule of necessity may override the rule of disqualification.
(4) Neither the filing of a brief amicus curiae nor the participation of
counsel for amicus curiae requires a Justiceโs disqualification.
(5) A Justice should keep informed about the Justiceโs personal and
fiduciary financial interests and make a reasonable effort to keep
informed about the personal financial interests of the Justiceโs
spouse and minor children residing in the Justiceโs household.
(6) For the purposes of this section:
(a) The degree of relationship is calculated according to the
civil law system; the following relatives are within the
third degree of relationship: parent, child, grandparent,
grandchild, great grandparent, great grandchild, sister,
brother, aunt, uncle, niece, and nephew; the listed relatives
include whole and half blood relatives and most step
relatives;
(b) โfiduciaryโ includes such relationships as executor,
administrator, trustee, and guardian;
(c) โfinancial interestโ means ownership of a legal or equitable
interest, however small, or a relationship as director,
advisor, or other active participant in the affairs of a party,
except that:
(i) Ownership in a mutual or common investment fund
that holds securities is not a โfinancial interestโ in
such securities unless the judge participates in the
management of the fund;
(ii) An office in an educational, religious, charitable,
fraternal, or civic organization is not a โfinancial
interestโ in securities held by the organization;
(iii) The proprietary interest of a policyholder in a
mutual insurance company, or a depositor in a
mutual savings association, or a similar proprietary
interest, is a โfinancial interestโ in the organization
only if the outcome of the proceeding could
substantially affect the value of the interest;
(iv) Ownership of government securities is a โfinancial
interestโ in the issuer only if the outcome of the
proceeding could substantially affect the value of the
securities.
(d) โproceedingโ includes pretrial, trial, appellate review, or other stages of litigation.
(7) Notwithstanding the preceding provisions of this Canon, if a
Justice would be disqualified because of a financial interest in a
party (other than an interest that could be substantially affected
by the outcome), disqualification is not required if the Justice (or
the Justiceโs spouse or minor child) divests the interest that
provides the grounds for disqualification.
CANON 4: A JUSTICE MAY ENGAGE IN EXTRAJUDICIAL ACTIVITIES THAT ARE CONSISTENT WITH THE OBLIGATIONS OF THE JUDICIAL OFFICE.
A Justice may engage in extrajudicial activities, including law-related
pursuits and civic, charitable, educational, religious, social, financial,
fiduciary, and government activities, and may speak, write, lecture, and teach
on both law-related and nonlegal subjects. However, a Justice should not
participate in extrajudicial activities that detract from the dignity of the
Justiceโs office, interfere with the performance of the Justiceโs official duties,
reflect adversely on the Justiceโs impartiality, lead to frequent disqualification,
or violate the limitations set forth below.
A. LAW-RELATED ACTIVITIES.
(1) Speaking, Writing, and Teaching. A Justice may speak,
write, lecture, teach, and participate in other activities
concerning the law, the legal system, or the administration
of justice subject to the following limitations and
considerations:
(a) A Justice should not speak at an event sponsored by
or associated with a political party or a campaign for
political office.
(b) A Justice should not speak at or otherwise
participate in an event that promotes a commercial
product or service, except that a Justice may attend
and speak at an event where the Justiceโs books are
available for purchase.
(c) A Justice should not speak to or participate in a
meeting organized by a group if the Justice knows
that the group has a substantial financial interest in
the outcome of a case that is before the Court or is
likely to come before the Court in the near future.
(d) A Justice may attend a โfundraising eventโ of lawrelated or other nonprofit organizations, but a
Justice should not knowingly be a speaker, a guest
of honor, or featured on the program of such event.
In general, an event is a โfundraising eventโ if
proceeds from the event exceed its costs or if
donations are solicited in connection with the event.
(e) In deciding whether to speak or appear before any
group, a Justice should consider whether doing so
would create an appearance of impropriety in the
minds of reasonable members of the public. Except
in unusual circumstances, no such appearance will
be created when a Justice speaks to a group of
students or any other group associated with an
educational institution, a bar group, a religious
group, or a non-partisan scholarly or cultural group.
(2) Consultation. A Justice may consult with or appear at a
public hearing before an executive or legislative body or
official: (a) on matters concerning the law, the legal
system, or the administration of justice; (b) to the extent it
would generally be perceived that a Justiceโs judicial
experience provides special expertise in the area; or (c)
when the Justice is acting pro se in a matter involving the
Justice or the Justiceโs interest.
(3) Organizations. A Justice may participate in and serve as
a member, officer, director, trustee, or nonlegal advisor of
a nonprofit organization devoted to the law, the legal
system, or the administration of justice and may assist
such an organization in the management and investment
of funds. A Justice may make recommendations to public
and private fund-granting agencies about projects and
programs concerning the law, the legal system, and the
administration of justice.
(4) Arbitration and Mediation. A Justice should not act as an
arbitrator or mediator or otherwise perform judicial
functions apart from the Justiceโs official duties unless
authorized by law.
(5) Practice of Law. A Justice should not practice law and
should not serve as a family memberโs lawyer in any forum.
A Justice may, however, act pro se and may, without
compensation, give legal advice to and draft or review
documents for a member of the Justiceโs family.
B. CIVIC AND CHARITABLE ACTIVITIES. A Justice may participate in
and serve as an officer, director, trustee, or nonlegal advisor of a
nonprofit civic, charitable, educational, religious, or social
organization, subject to the following limitations:
(1) A Justice should not serve if it is likely that the
organization will either be engaged in proceedings that
would ordinarily come before the Justice or be regularly
engaged in adversary proceedings in any court.
(2) A Justice should not give investment advice to such an
organization but may serve on its board of directors or
trustees even though it has the responsibility for approving
investment decisions.
C. FUNDRAISING. A Justice may assist nonprofit law-related, civic,
charitable, educational, religious, or social organizations in planning
fundraising activities and may be listed as an officer, director, or trustee. Use
of a Justiceโs name, position in the organization, and judicial designation on an
organizationโs letter head, including when used for fundraising or soliciting
members, is permissible if comparable information and designations are listed
for others. Otherwise, a Justice should not personally participate in
fundraising activities, solicit funds for any organization, or use or knowingly
permit the use of the prestige of judicial office for that purpose. A Justice
should not personally participate in membership solicitation if the solicitation
might reasonably be perceived as coercive or is essentially a fundraising
mechanism.
D. FINANCIAL ACTIVITIES.
(1) A Justice may hold and manage investments, including
real estate and engage in other remunerative activity, but
should refrain from financial and business dealings that
exploit the judicial position or involve the Justice in
frequent transactions or continuing business relationships
with lawyers likely to appear before the Court or other
persons likely to come before the Court.
(2) A Justice may serve as an officer, director, active partner,
manager, advisor, or employee of a business only if the
business is closely held and controlled by members of the
Justiceโs family. For this purpose, โmembers of the
Justiceโs familyโ means persons related to the Justice or
the Justiceโs spouse within the third degree of relationship
as defined in Canon 3B(6)(a), any other relative with whom
the Justice or the Justiceโs spouse maintains a close
familial relationship, and the spouse of any of the
foregoing.
(3) A Justice should comply with the restrictions on acceptance
of gifts and the prohibition on solicitation of gifts set forth
in the Judicial Conference Regulations on Gifts now in
effect. A Justice should endeavor to prevent any member
of the Justiceโs family residing in the household from
soliciting or accepting a gift except to the extent that a
Justice would be permitted to do so by the Judicial
Conference Gift Regulations. A โmember of the Justiceโs
familyโ means any relative of a Justice by blood, adoption,
or marriage, or any person treated by a Justice as a
member of the Justiceโs family.
(4) A Justice should not disclose or use nonpublic information
acquired in a judicial capacity for any purpose unrelated to
the Justiceโs official duties.
E. FIDUCIARY ACTIVITIES. A Justice may serve as the executor,
administrator, trustee, guardian, or other fiduciary only for the
estate, trust, or person of a member of the Justiceโs family as
defined in Canon 4D(3). As a family fiduciary a Justice is subject
to the following restrictions:
(1) The Justice should not serve if it is likely that as a fiduciary
the Justice would be engaged in proceedings that would
ordinarily come before the Justice or if the estate, trust, or
ward becomes involved in adversary proceedings before the
Court or in a court under the Courtโs jurisdiction.
(2) While acting as a fiduciary, a Justice is subject to the same
restrictions on financial activities that apply to a Justice in
a personal capacity.
F. GOVERNMENTAL APPOINTMENTS. A Justice may accept
appointment to a governmental committee, commission, or other position only
if it is one that concerns the law, the legal system, or the administration of
justice, or if appointment of a Justice is authorized by federal law. A Justice
should not, in any event, accept such an appointment if the Justiceโs
governmental duties would tend to undermine public confidence in the
integrity, impartiality, or independence of the judiciary. A Justice may
participate in national, state, or local ceremonial occasions or in connection
with historical, educational, and cultural activities.
G. CHAMBERS, RESOURCES, AND STAFF. A Justice should not to any
substantial degree use judicial chambers, resources, or staff to engage in
activities that do not materially support official functions or other activities
permitted under these Canons.
H. COMPENSATION, REIMBURSEMENT, FINANCIAL REPORTING. A
Justice may accept reasonable compensation and reimbursement of expenses
for permitted activities if the source of the payments does not give the
appearance of influencing the Justiceโs official duties or otherwise appear
improper. Expense reimbursement should be limited to the actual or
reasonably estimated costs of travel, food, and lodging reasonably incurred by
the Justice and, where appropriate to the occasion, by the Justiceโs spouse or
relative. For some time, all Justices have agreed to comply with the statute
governing financial disclosure, and the undersigned Members of the Court
each individually reaffirm that commitment.
CANON 5: A JUSTICE SHOULD REFRAIN FROM POLITICAL ACTIVITY.
A Justice should not: (1) act as a leader or hold any office in a political organization;
(2) make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office; or
(3) solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate. A Justice should resign the judicial office if he or she becomes a candidate in a primary or general election for any office. A Justice should not engage in other political activity. This provision
does not prevent a Justice from engaging in activities described in Canon 4.
The undersigned Members of the Court subscribe to this Code and the accompanying Commentary.
JOHN G. ROBERTS, JR.
CLARENCE THOMAS
SAMUEL A. ALITO, JR.
SONIA SOTOMAYOR
ELENA KAGAN
NEIL M. GORSUCH
BRETT M. KAVANAUGH
AMY CONEY BARRETT
KETANJI BROWN JACKSON
NOVEMBER 13, 2023
_____________________
Commentary
This Code of Conduct is substantially derived from the Code of Conduct
for U.S. Judges, but adapted to the unique institutional setting of the Supreme
Court. In certain instances, the foregoing Canons provide fairly specific
guidance. A Justice, for example, โshould not testify voluntarily as a character
witness.โ Canon 2B. A Justice โmay serve as the executor . . . only for the
estate, trust, or person of a member of the Justiceโs family.โ Canon 4E. In
many cases, however, these Canons are broadly worded general principles
informing conduct, rather than specific rules requiring no exercise of judgment
or discretion. It is not always clear, for example, whether particular conduct
undermines, promotes, or has no effect on โpublic confidence in the integrity
and impartiality of the judiciary,โ Canon 2A, or whether a Justice has acted in
a โpatient, dignified, respectful, and courteousโ manner, Canon 3A.
This concern is heightened with respect to Canons applicable to Justices of the Supreme Court, given the often sharp disagreement concerning matters of great import that come before the Supreme Court. These Canons must be understood in that light.
This Commentary does not adopt the extensive commentary from the lower court Code, much of which is inapplicable. It instead is tailored to the Supreme Courtโs placement at the head of a branch of our tripartite governmental structure.
Canon 3B addresses the inherently judicial function of recusal. The
Justices follow the same general principles and statutory standards for recusal
as other federal judges, including in the evaluation of motions to recuse made
by parties. But the application of those principles can differ due to the effect
on the Courtโs processes and the administration of justice in the event that one
or more Members must withdraw from a case. Lower courts can freely
substitute one district or circuit judge for another. The Supreme Court consists
of nine Members who sit together. The loss of even one Justice may undermine
the โfruitful interchange of minds which is indispensableโ to the Courtโs
decision-making process. See Dick v. New York Life Ins. Co., 359 U.S. 437, 459
(1959) (Frankfurter, J., dissenting).
Recusal can have a โdistorting effect upon the certiorari process, requiring the petitioner to obtain (under our current practice) four votes out of eight instead of four out of nine.โ S. Ct. Stmt. of Recusal Policy (Nov. 1, 1993). When hearing a case on the merits, the loss of one Justice is โeffectively the same as casting a vote against the petitioner. The petitioner needs five votes to overturn the judgment below, and it makes no difference whether the needed fifth vote is missing because it has been cast for the other side, or because it has not been cast at all.โ Cheney v. United States Dist. Court for D.C., 541 U.S. 913, 916 (2004) (memorandum of Scalia, J.).
And the absence of one Justice risks the affirmance of a lower court
decision by an evenly divided Courtโpotentially preventing the Court from
providing a uniform national rule of decision on an important issue. See
Microsoft Corp. v. United States, 530 U.S. 1301, 1303 (2000) (statement of
Rehnquist, C.J.). In short, much can be lost when even one Justice does not
participate in a particular case.
This Canonโs recusal provisions thus differ from those in the lower court
Code in that they: restate the Justicesโ 1993 Statement of Recusal Policy;
recognize the duty to sit and that the time-honored rule of necessity may
override the rule of disqualification, see United States v. Will, 449 U.S. 200,
217 (1980) (28 U.S.C. ยง 455 does not alter the rule of necessity); ABA Model
Code of Judicial Conduct Rule 2.11 cmt. 3 (โThe rule of necessity may override
the rule of disqualification.โ); and omit the remittal procedure of lower court
Code Canon 3D. Canon 3B(2)(d) retains language from the lower court Code
relating to known interests of third-degree relatives that might be
substantially affected by the outcome of a proceeding. Because of the broad
scope of the cases that come before the Supreme Court and the nationwide
impact of its decisions, this provision should be construed narrowly. For
example, a Justice who has school-age nieces and nephews need not recuse
from a case involving student loans even though the disposition of that case
could substantially affect the terms on which the Justiceโs relatives would
finance their higher education.
The Canonโs recusal provisions depend on the Justiceโs knowledge of
certain relationships or interests. The Court receives approximately 5,000 to
6,000 petitions for writs of certiorari each year. Roughly 97 percent of this
number may be and are denied at a preliminary stage, without joint discussion
among the Justices, as lacking any reasonable prospect of certiorari review.
Recusal issues must be considered in light of this reality. In view of the
Canonโs knowledge requirement and the large volume of cases docketed, the
Justices rely on the disclosure statements required under the Courtโs rules in
identifying interested parties that may present grounds for recusal. Individual
Justices, rather than the Court, decide recusal issues. See Cheney v. United
States Dist. Court for D.C., 540 U.S. 1217 (2004) (โIn accordance with its
historic practice, the Court refers the motion to recuse in this case to Justice
Scalia.โ). Recusals are noted in the Courtโs decisions, both at the certiorari and
merits stages.
In contrast to the lower courts, where filing of amicus briefs is limited,
the Supreme Court receives up to a thousand amicus filings each Term. In
some recent instances, more than 100 amicus briefs have been filed in a single
case. The Court has adopted a permissive approach to amicus filings, having
recently modified its rules to dispense with the prior requirement that amici
either obtain the consent of all parties or file a motion seeking leave to submit
an amicus brief. In light of the Courtโs permissive amicus practice, amici and
their counsel will not be a basis for an individual Justice to recuse. The courts
of appeals follow a similar approach to ameliorating any risk that an amicus
filing could precipitate a recusal. Federal Rule of Appellate Procedure 29(a)(2)
states that โa court of appeals may prohibit the filing of or may strike an
amicus brief that would result in a judgeโs disqualification.โ
Canon 4 reflects the principle that Justices, like all judges, are
encouraged to engage in extrajudicial activities as long as independence and
impartiality are not compromised. Justices are uniquely qualified to engage
in judicial activities that concern the law, the legal system, and the
administration of justice, such as by speaking, writing, teaching, or
participating in scholarly research projects. Justices are also encouraged to
engage in educational, religious, charitable, fraternal, or civic extracurricular
activities not conducted for profit, even when those activities do not relate to
the law. Participation in both law-related and other judicial activities helps
integrate Justices into their communities and furthers public understanding
of and respect for the judicial system.
Canon 4G clarifies that a Justice โshould not to any substantial degree
use judicial chambers, resources, or staff to engage in activities that do not
materially support official functions or other activities permitted under these
Canons.โ This provision recognizes the distinctive security concerns that the
Justices face as high-profile public figures and allows the Justices to accept
comprehensive security protection. See 40 U.S.C. ยง 6121(a)(2)(A) (authorizing
the Supreme Court Police to protect the Justices when they are not performing
official duties). It also allows Court officials and chambers staff to perform
their official duties in enhancing security and providing legal, ethics, and other
appropriate assistance to the Justices in light of the high public interest in the
Justicesโ activities and the acute security concerns that are distinct from such
concerns for lower court judges. And, consistent with historic practice,
chambers personnel including law clerks may assist Justices with speeches,
law review articles, and other activities described in Canon 4.
Canon 4D(3) and 4H articulate the practice formalized in 1991 of individual Justices following the financial disclosure requirements and limitations on gifts, outside earned income, outside employment, and
honoraria. Justices file the same annual financial disclosure reports as other federal judges. Those reports disclose, among other things, the Justicesโ nongovernmental income, investments, gifts, and reimbursements from third parties.
For purposes of sound judicial administration, the Justices file those
reports through the Judicial Conference Committee on Financial Disclosure.
In regard to the financial disclosure requirements relating to teaching
and outside earned income, a Justice may not accept compensation for an
appearance or a speech, but may be paid for โteaching a course of study at an
accredited educational institution or participating in an educational program
of any duration that is sponsored by such an institution and is part of its
educational offering.โ 2C Guide to Judicial Policy ยง 1020.35(b) (2010).
Associate Justices must receive prior approval from the Chief Justice to receive
compensation for teaching; the Chief Justice must receive prior approval from
the Court. See S. Ct. Resolution ยถ 3 (Jan. 18, 1991). Justices may not have
outside earned incomeโincluding income from teachingโin excess of an
annual cap established by statute and regulation. Compensation for writing a
book is not subject to the cap.
Like lower court judges, Justices engage in extrajudicial activities other
than teaching, including speaking, writing, and lecturing on both law-related
and non-legal subjects. In fact, the lower court canons encourage public
engagement by judicial officers to avoid isolation from the society in which they
live and to contribute to the publicโs understanding of the law. In deciding
whether to speak before any group, a Justice should consider whether doing so
would create an appearance of impropriety in the minds of reasonable
members of the public.
In addition to this Code of Conduct, the Justices also comply with:
โข The Constitution of the United States, see, e.g., U.S. Const. Art.
I, ยง 9, cl. 8 (foreign emoluments clause); Amdt. 5 (due process
clause).
โข Current laws relating to judicial ethics including, but not limited
to 28 U.S.C. ยงยง 455, 2109; the Ethics in Government Act, 5 U.S.C.
ยงยง 13101 โ 13111, 13141 โ 13145; the Foreign Gifts and
Decorations Act, 5 U.S.C. ยง 7342; Pub. L. 110-402, ยง 2(b), 122 Stat.
4255; and the Stop Trading on Congressional Knowledge Act of
2012, Pub. L. 112-105, ยงยง 12, 17, 126 Stat. 303; and
โข Current Judicial Conference Regulations on: Gifts; Foreign Gifts
and Decorations; Outside Earned Income, Honoraria, and
Employment; and Financial Disclosure.
See, e.g., S. Ct. Statement on Ethics Principles and Practices (Apr. 25, 2023).
The Justices may also take guidance from their colleagues, judicial decisions,
the Supreme Courtโs Office of Legal Counsel, the Judicial Conference
Committees on Codes of Conduct and Financial Disclosure, lower court judges,
executive and legislative branch practice and guidance, state judicial ethics
authorities, and from scholars, scholarly treatises, and articles. The Justices
also continue to look to the Courtโs own past resolutions and opinions for
guidance. The Court provides mandatory training on judicial ethics principles
to all Court employees.
In urging the judiciary to promulgate and adopt what became the lower
court Code, Justice Tom C. Clark observed shortly after his retirement from
the Supreme Court that judges โmust bear the primary responsibility for
requiring [appropriate] judicial behavior.โ Hearings on Nonjudicial Activities
of Supreme Court Justices and Other Federal Judges before the Subcommittee
on Separation of Powers of the Senate Committee on the Judiciary, 91st Cong.,
1st Sess., 174 (1969).
The same is true for Justices. To assist the Justices in complying with these Canons, the Chief Justice has directed Court officers to undertake an examination of best practices, drawing in part on the experience
of other federal and state courts. For example, some district courts and courts of appeals have deployed software to run automated recusal checks on new case filings. The Court will assess whether it needs additional resources in its Clerkโs Office or Office of Legal Counsel to perform initial and ongoing review
of recusal and other ethics issues.
The Court will also consider whether amendments to its rules on the disclosure obligations of parties and counsel may be advisable. In regard to financial disclosure, the Justices will continue to seek guidance from the Office of Legal Counsel and the staff of the relevant Judicial Conference committees, including the Committee on Financial Disclosure, which reviews each Justiceโs annual filing for compliance with
applicable laws and regulations. The Office of Legal Counsel will maintain specific guidance tailored to recurring ethics and financial disclosure issues and will continue to provide annual training on those issues to Justices, chambers staff, and other Court personnel.
