New code of conduct aims to address public concerns over ethical breaches by Supreme Court Justices
In a groundbreaking move, the Supreme Court has recently released its first-ever code of conduct for Justices. The code comes in response to growing public concern regarding the ethical conduct of certain Justices, including undisclosed gifts and failure to recuse themselves from cases involving personal connections. While the code seeks to provide clarity and address these concerns, critics argue that it may be more of a defense mechanism than a genuine effort to prevent ethical breaches. This article will delve into the details of the code, its implications, and the controversies surrounding it.
Code of Conduct Overview
The newly issued code of conduct is organized into five “Canons” followed by a “Commentary.” Unlike traditional ethics codes that outline prohibited actions, Canon 4 of this code surprisingly provides a list of “extrajudicial activities” that Justices may engage in without ethical qualms. This includes attending fundraising events, speaking engagements, and participation in nonprofit organizations. While this may seem lenient, it raises questions about the potential conflicts of interest that could arise.
Fundraising Events and Speaking Engagements
The code’s definition of a “fundraising event” allows Justices to attend such events as long as they are not featured speakers or guests of honor. This provision may justify Justice Clarence Thomas’s attendance at multiple Koch-network fundraising events, as well as speeches given by conservative Justices at Federalist Society events. The narrow definition of a fundraising event may also exempt Justices from scrutiny when speaking at educational institutions or participating in nonprofit organizations’ activities.
Associations with the Federalist Society
Critics argue that the code condones Justices’ close associations with the Federalist Society, a conservative legal organization with significant influence on judicial appointments. The code explicitly permits Justices’ participation and membership in nonprofit organizations dedicated to law, legal systems, or the administration of justice. This provision seems to cover the Federalist Society, raising concerns about potential bias and partisanship in judicial decision-making.
Use of Court Resources for Personal Gain
One contentious issue surrounding Justices is their use of Court resources and staff to produce and promote books for which they may receive substantial financial compensation. The code allows Justices to engage in activities that support official functions or other permitted activities. This provision raises questions about the use of taxpayer-funded resources for personal gain and whether it aligns with ethical standards expected of Supreme Court Justices.
Gifts and Recusal
The code does not introduce new rules on gifts but instead refers Justices to the U.S. Judicial Conference’s regulations. These regulations generally permit Justices to receive expensive gifts as long as they disclose them and the giver does not have business before the Court. Concerns surrounding Justice Clarence Thomas’s acceptance of gifts seem to be addressed in the code’s provision allowing family members residing in the household to accept gifts within the limits set by the Judicial Conference Gift Regulations. Moreover, the code’s standard for recusal based on spousal interests is set at a high threshold, requiring Justices to have actual knowledge rather than mere suspicion or belief.
Conclusion:
The Supreme Court’s issuance of a code of conduct for Justices is a significant step towards addressing public concerns over ethical breaches. However, critics argue that the code may not go far enough in preventing conflicts of interest and ensuring impartiality. The provisions allowing extrajudicial activities and associations with organizations like the Federalist Society raise questions about potential biases and the appearance of impropriety. As the Court seeks to restore public trust, the effectiveness and enforcement of the code will be closely scrutinized.
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