The newly-published code of conduct for the US supreme court justices, issued on Monday in the wake of a series of ethics scandals, drew immediate criticism for its seemingly begrudging tone.
“For the most part, these rules and principles are not new,” the nine justices write in the introduction labeled statement of the court, adding: “The court has long had the equivalent of common law ethics rules.”
Critics also noted that no method of enforcement is detailed in the 14-page document, making participation by the nine-member bench effectively voluntary.
Summary of the main points, at a glance:
A justice should uphold the integrity and independence of the judiciary
This short clause states that justices “should respect and comply with the law, and act at all times in a manner that promotes public confidence” in the court.
A justice should avoid impropriety and the appearance of impropriety in all activities
A three-pronged requirement covering respect for the law, not allowing “family, social, political, financial, or other relationships” to influence their conduct or judgment; and not being a member of any group that discriminates on the grounds of race, sex, religion or nationality.
A justice should perform the duties of office fairly, impartially and diligently
This essentially requires the panel to close their ears to outside voices when deliberating, or during any other aspect of their duties; and to keep their own mouths closed about cases they are working on.
The clause also deals with disqualification of justices, stating they must stand down from cases in which their impartiality “might reasonably be questioned”. It gives possible scenarios, including where justices or immediate family members have certain pre-existing friendships or relationships with any parties in a case.
A financial relationship alone would not be grounds for disqualification if the justice or family member “divests the interest that provides the ground for disqualification”.
A justice may engage in extrajudicial activities that are consistent with the obligations of the judicial office
The most detailed of all the clauses, this one allows justices to follow a wide range of “law-related pursuits”, plus “civic, charitable, educational, religious, social, financial, fiduciary, and government activities” as well as engaging in speaking, writing, lecturing and teaching.
There are caveats: the justices “should not”, for example, appear at events for political parties or campaigns; at fundraisers that are not law-related or for non-profit groups; or at any event where a party has “a substantial financial interest” in the outcome of any case before the court.
A justice can serve as a trustee or member of a law-related or non-profit group. Receiving financial reimbursement or compensation is fine, but the amount must be limited to the “actual or reasonably estimated costs or travel, food or lodging reasonably incurred”.
A justice should refrain from political activity
The final and shortest clause. No holding political office, speaking for a political party or candidate, and definitely no fundraising for, or donating to, one. Any justice seeking political office is expected to resign from the bench.
