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A Code of Conduct for the Supreme Court?
Legal Questions and Considerations
February 6, 2019
The Code of Conduct for United States Judges (the Code)-a set of ethical canons that the Judicial
Conference of the United States (Judicial Conference) adopted to promote the integrity, independence,
and impartiality of the federal judiciary-governs the behavior of most federal judges. The Code does
not, however, explicitly apply to Justices of the U.S. Supreme Court. Although the Justices frequently
consult the Code-along with other sources-for guidance when performing their judicial duties, the
Court is not presently subject to a defined body of general ethical rules.
Some observers maintain that Supreme Court justices should be bound by the same code of ethics that
all other federal judges are required to follow. To that end, some Members of the 116th Congress have
introduced legislation that would require the Judicial Conference to issue a code of conduct[] which
applies to each justice on the Court. Some commentators have questioned, however, whether Congress
should-or even could-impose a code of ethical conduct upon the Supreme Court.
This Sidebar canvasses the relevant legal considerations surrounding proposals to establish a Supreme
Court code of conduct. After discussing the existing Code that applies to lower federal judges, the Sidebar
next describes recent legislative proposals to create a similar code for the Supreme Court, as well as
potential constitutional obstacles to those proposals.
The Code of Conduct for United States Judges
The Judicial Conference-a body comprised of the Chief Justice of the Supreme Court and a selection of
judges from the lower federal courts-promulgated the Code to prescribe[] ethical norms for federal
judges as a means to preserve the actual and apparent integrity of the federal judiciary. The Code applies
to most federal judges, including most U.S. appellate and trial court judges. Among other things, the Code
instructs federal judges to:
* Uphold the integrity and independence of the judiciary;
* Avoid not only impropriety, but the appearance thereof,
* Perform the duties of their offices fairly, impartially, and diligently;
Congressional Research Service
https://crsreports.congress.gov
LSB10255
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govykf0001&div=1&collection=&method=preview&ext=.png&size=3)
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