Supreme Court’s First Code Of Ethics

Historically, the Supreme Court has never published a code of conduct for the Justices. That changed this past month when the Supreme Court published the first Code Of Conduct For Justices Of The Supreme Court Of The United States. The Code includes a statement from the Supreme Court noting that, while for the most part the rules and principles are not new, the absence of such a code “has led in recent years to the misunderstanding that the Justices . . . regard themselves as unrestricted by any ethics rules.” According to the Court, the Code is published to “dispel this misunderstanding.”

The Code contains five canons related to the integrity, propriety, and impartiality that the Justices are expected to exhibit. Notable among these canons are those related to the disqualification of a justice (Canon 3B), those related to speaking, writing, and teaching (Canon 4A), and those related to the disclosure of financial activities (Canon 4D).

The list of canons are followed by a commentary that notes some of the unique considerations for a Supreme Court Justice. For example, the commentary points to the stark difference between the volume of amicus briefs received by lower courts and those received by the Supreme Court, in taking a more relaxed approach to conflicts of interest. The Code also notes that Justices file the same annual financial disclosure reports as other federal judges.

At the end of the cannons is a statement which reads: “[t]he undersigned Members of the Court subscribe to this Code and the accompanying Commentary,” leaving open whether future High Court candidates will feel obligated to adopt this pledge during confirmation proceedings or upon appointment.

For more information, please contact Chantel Febus, James Azadian, David Schenck, Theodore Seitz, Christopher Sakauye, McKenna Crisp, Monika Harris, or Puja Valera.