US Supreme Court’s Code of Conduct

In recent years Justices of the Supreme Court of the United States of America have come under significant criticism. During the Trump Presidency negative commentary focused on the views and previous behaviour of nominees.

More recently, criticism of the Court’s Justices has drawn public attention to conduct suggesting misuse of judicial position to benefit self, failure to recognise conflict of interest and other seemingly unethical behaviour.

In response to growing criticism of alleged conduct undermining respect for and confidence in the highest court in the United States, the Court has drafted, and all 9 Justices have subscribed to a code of conduct and accompanying commentary dated 13 November 2023.

The full original text of the code and commentary is accessible and worthy of closer   examination.

The most striking feature of this code is the recognition in its preamble that it is required due to the view held by some that existing judicial codes of conduct did not apply to Justices of the Supreme Court. This may explain why some of the Justices have felt entitled to accept extravagent gifts, luxurious holidays and have ‘split hairs’ to avoid conceding that they were disqualified from hearing particular cases.

That Justices appointed to the Highest Court in the US, entrusted with the protection and interpretation of the US Constitution should not feel obliged to maintain the highest possible standards of ethical behavious is difficult to comprehend. It would appear that rather than see the obligations accompanying their positions, at least some succumbed to the fringe benefits of wielding power often exceding that of Congress.

see the content of the code as obvious in light of the general principles. The level of detail appears to be included in order to close loopholes. I am convinced that those who don’t instinctively recognise what is and is not ethical conduct will treat codes of conduct not as statements of minimum standards but rather as limits on their conduct.

That this code of judicial conduct had to be drafted in response to public criticism of inappropriate judicial behaviour is embarassing, but at the same time, to be applauded as a reminder to the Justices and reassurance to the public.