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Congressional_
Research S rvice
The Supreme Court Adopts a Code of Conduct
November 17, 2023
On November 13, 2023, the U.S. Supreme Court announced the adoption of the Code of Conduct for
Justices of the Supreme Court of the United States (Justices' Code of Conduct). The Justices' Code of
Conduct is a set of five ethical canons and accompanying commentary adopted by the Supreme Court that
will guide Justices in the performance of their duties. While Supreme Court Justices were already subject
to some other ethics laws and regulations, the adoption of the Justices' Code in November 2023
represents the first time that the Court has implemented and published a written code of conduct for
Justices. This Legal Sidebar provides background on federal judicial ethics rules in effect before the
adoption of the Justices' Code of Conduct, then briefly outlines the substance of the Justices' Code. The
Sidebar closes with discussion of considerations for Congress related to Supreme Court ethics.
Background on Federal Judicial Ethics
Since 1973, judges on the lower federal courts-that is, federal courts other than the Supreme Court-
have been subject to a set of ethical canons now known as the Code of Conduct for United States Judges
(Judges' Code of Conduct). The Judicial Conference of the United States (Judicial Conference), the
national policymaking body for the U.S. courts, adopted the Judges' Code of Conduct to promote public
confidence in the integrity, independence, and impartiality of the federal judiciary.
The Judges' Code of Conduct is not a binding set of laws but rather a set of aspirational rules by which
federal judges should strive to abide. The Code contains no enforcement mechanism of its own and it is
not designed or intended as a basis for civil liability or criminal prosecution. However, some violations
of the Judges' Code of Conduct may be grounds for discipline under a federal statute known as the
Judicial Conduct and Disability Act of 1980. The Judges' Code of Conduct contemplates the possibility of
discipline under the Act for judges who violate its tenets but also states that [n]ot every violation of the
Code should lead to disciplinary action. Under the Act, a judge who engages in misconduct may be
publicly or privately reprimanded, temporarily barred from hearing new cases, disqualified from an
existing case, or referred for possible impeachment. Formal discipline under the Act is rare.
Neither the Judges' Code of Conduct nor the Judicial Conduct and Disability Act applies to the Justices of
the Supreme Court. Until November 2023, there was no single body of ethical canons with which the
nation's highest court was required to comply when discharging its judicial duties.
The absence of such a body of canons did not mean that Supreme Court Justices were unconstrained by
ethical rules and guidelines. Prior to November 2023, Justices repeatedly stated that they would consult
Congressional Research Service
https://crsreports.congress.gov
LSB11078
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govenmi0001&div=1&collection=&method=preview&ext=.png&size=3)
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