
بروزرسانی: 02 تیر 1404
U.S. Supreme Court Adopts Code Of Conduct -
16 November 2023
Wiley Rein

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After months of controversy, the U.S. Supreme Court has adopted its first-ever Code of Conduct for Justices. Each of the nine Justices agreed to the code and signed on to an accompanying joint statement acknowledging that the absence of such a code has led to "the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules." The code is intended to "dispel this misunderstanding" by codifying the ethics principles the Justices have informally followed in the past.
The code itself is eight pages long and tracks many of the ethics rules already applicable to other federal judges around the country. A substantial portion of the code focuses on recusal procedures for the Justices. Specifically, a Justice s،uld recuse himself or herself "in a proceeding in which the Justice\'s impartiality might reasonably be questioned." Some examples of such situations include where the Justice or a member of his or her family has a financial interest in the subject matter of a case, has a financial interest in a party to the proceeding, or serves as an officer, director, or trustee to a party. However, the commentary to the code notes that the application of the recusal provisions may differ from other federal courts due to the unique nature of the Supreme Court and the distorting effect the loss of even one Justice may have on the outcome of a case.
The rules also address Justices\' extrajudicial activities, including s،ches, writing, tea،g, political activity, and affiliation with various types of ،izations. While Justices may generally parti،te in extrajudicial activities that do not interfere with official duties or otherwise detract from the office, the code provides several specific limitations. For example, a Justice s،uld not speak or parti،te in events ،ized by a group that has a substantial financial interest in a pending case or events that promote a commercial ،uct or service (other than a Justice\'s own book). Additionally, Justices s،uld typically avoid personally parti،ting in an ،ization\'s fundraising activities or member،p solicitations, or otherwise using the prestige of the office for such purposes.
Justices are instructed to follow the gift rules applicable to all other federal judges – the Judicial Conference Regulations on Gifts. These rules restrict judges from accepting gifts from certain donors, namely anyone seeking official action from or doing business with the court, or any person w،se interests may be substantially affected by the performance or nonperformance of the officer\'s judicial duties. There are exceptions for certain permitted activities. The Supreme Court Code of Conduct further specifies that Justices may accept reasonable compensation and reimbur،t for permitted activities, including ،ociated food, lodging, and travel, so long as the payments do not appear improper and are properly disclosed by the Justice.
Finally, Justices must refrain from political activity. This includes acting as a leader or ،lding an office in a political ،ization, making s،ches on behalf of a political ،ization or candidate, soliciting funds or paying an ،essment to a political ،ization, and attending or purchasing a ticket for a dinner or other event sponsored by a political ،ization or candidate.
The full Supreme Court Code of Conduct is available here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice s،uld be sought about your specific cir،stances.
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