The ethical imbroglios encircling the Supreme Court in the 1960s led to the establishment of judicial ethics codes everywhere except, ironically, the Supreme Court.
In 1972, the American Bar Association published a Code of Judicial Conduct that was eventually adopted by judiciaries in all 50 states and the lower federal courts.
An ethics-mindful culture, long entrenched in the lower courts, has been absent from the Supreme Court, which did not adopt its code until November 2023. Moreover, the Supreme Court’s code is weaker than the lower courts’. It does not require justices to take “appropriate action” upon learning that a fellow justice violated the code. It omits the duty to be faithful to the law. It relaxes restrictions on using judicial resources for private purposes and exploiting a justice’s official status for personal gain. And it asserts that the duty to disqualify when impartiality is in doubt is diminished by the need for all nine justices to preside.
The ethical imbroglios encircling the Supreme Court in the 1960s led to the establishment of judicial ethics codes everywhere except, ironically, the Supreme Court.
In 1972, the American Bar Association published a Code of Judicial Conduct that was eventually adopted by judiciaries in all 50 states and the lower federal courts.
An ethics-mindful culture, long entrenched in the lower courts, has been absent from the Supreme Court, which did not adopt its code until November 2023. Moreover, the Supreme Court’s code is weaker than the lower courts’. It does not require justices to take “appropriate action” upon learning that a fellow justice violated the code. It omits the duty to be faithful to the law. It relaxes restrictions on using judicial resources for private purposes and exploiting a justice’s official status for personal gain. And it asserts that the duty to disqualify when impartiality is in doubt is diminished by the need for all nine justices to preside.
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