Posted on Mar 9, 2023
Outside groups take a first stab at a Supreme Court ethics code
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https://www.npr.org/2023/03/09/ [login to see] /outside-groups-take-a-first-stab-at-a-supreme-court-ethics-code
Finally, somebody has taken a try at writing a Supreme Court ethics code, though not the court itself. The justices reportedly have discussed the subject but apparently have not reached any agreement on what, if anything, to do about it.
Now, however, two groups have written what they call a model code of conduct for the Supreme Court. And it's getting generally favorable reviews. The groups are the Project on Government Oversight, a nonpartisan, independent government watchdog, and the Lawyers Defending American Democracy.
Their effort follows an increasing drumbeat of criticism aimed at the court for perceived ethical lapses and failures to deal with them. Most recently the American Bar Association passed a resolution calling on the justices to adopt a binding code of ethics and urged other bar associations around the country to pass similar resolutions.
The proposed model code of conduct and accompanying commentary couches its objective in modest terms--to offer a proposal for further discussion and for the court to consider. While its recommendations are based on the already existing code of conduct that applies to lower federal court judges, the proposed Supreme Court code goes much further.
Finally, somebody has taken a try at writing a Supreme Court ethics code, though not the court itself. The justices reportedly have discussed the subject but apparently have not reached any agreement on what, if anything, to do about it.
Now, however, two groups have written what they call a model code of conduct for the Supreme Court. And it's getting generally favorable reviews. The groups are the Project on Government Oversight, a nonpartisan, independent government watchdog, and the Lawyers Defending American Democracy.
Their effort follows an increasing drumbeat of criticism aimed at the court for perceived ethical lapses and failures to deal with them. Most recently the American Bar Association passed a resolution calling on the justices to adopt a binding code of ethics and urged other bar associations around the country to pass similar resolutions.
The proposed model code of conduct and accompanying commentary couches its objective in modest terms--to offer a proposal for further discussion and for the court to consider. While its recommendations are based on the already existing code of conduct that applies to lower federal court judges, the proposed Supreme Court code goes much further.
Outside groups take a first stab at a Supreme Court ethics code
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Posted 1 y ago
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PO1 William "Chip" Nagel
..."The court isn't bound by a code of ethics
Gillers says he believes that the only reason the court has not actually been able to come up with a code of conduct for itself is that the justices "don't want to be pushed around. They don't want the clamor." Gillers' "read" is that the justices think it will "look weak. It will look like they are giving up their independence." But, he observes, "Every judge in America is governed by ethics rules. Except nine. And guess who they are?"
University of Virginia law professor Amanda Frost says the pressure on the court is bound increase. While she thinks that Congress could write an ethics code for the court, it would be far better for the justices to do it themselves. In fact, Sen. Sheldon Whitehouse, D-R.I., has proposed requiring the court to write its own ethics code, and to set a deadline.
It is unlikely that the court will do that until it reaches some sort of consensus among the nine. As professor Gillers observes, supposing three justices refuse to sign on to a new code, it would be worthless because there would be no internal pressure to comply. And peer pressure is really the only enforcement mechanism that might work."
..."The court isn't bound by a code of ethics
Gillers says he believes that the only reason the court has not actually been able to come up with a code of conduct for itself is that the justices "don't want to be pushed around. They don't want the clamor." Gillers' "read" is that the justices think it will "look weak. It will look like they are giving up their independence." But, he observes, "Every judge in America is governed by ethics rules. Except nine. And guess who they are?"
University of Virginia law professor Amanda Frost says the pressure on the court is bound increase. While she thinks that Congress could write an ethics code for the court, it would be far better for the justices to do it themselves. In fact, Sen. Sheldon Whitehouse, D-R.I., has proposed requiring the court to write its own ethics code, and to set a deadline.
It is unlikely that the court will do that until it reaches some sort of consensus among the nine. As professor Gillers observes, supposing three justices refuse to sign on to a new code, it would be worthless because there would be no internal pressure to comply. And peer pressure is really the only enforcement mechanism that might work."
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PO1 William "Chip" Nagel good day Brother William, always informational and of the most interesting. Thanks for sharing, have a blessed day!
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