Friday, August 31, 2018

Calling Balls and Strikes: Ethics and Supreme Court Justices

"At his confirmation hearing in 2005, Chief Justice Roberts famously described his view of judges as umpires, pledging that, if confirmed, he would “call balls and strikes” when applying the law. Chief Justice Roberts emphasized the constitutional structure that underpins the Supreme Court and the rest of the federal judiciary, which is based on independence from political influence. The Court’s independence and its insulation from political influence is a perennial issue, which has received heightened attention with Judge Brett Kavanaugh’s pending nomination. What mechanisms ensure the integrity of Justices as federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be enforced? This Sidebar examines these questions and Congress’s potential role in regulating the ethics of the Supreme Court Justices.

Ethics Rules that Govern Judicial Conduct Generally

State codes of conduct and the Judicial Conference of the United States’ (Judicial Conference) federal Code of Conduct for United States Judges (Code of Conduct) set forth judicial ethics and standards of professional conduct. The Code of Conduct is largely aspirational and does not delineate specific prohibited behaviors. Rather, it identifies five canons of conduct, instructing that judges:  Should uphold the integrity and independence of the judiciary;  Should avoid impropriety and the appearance of impropriety in all activities;  Should perform the duties of the office fairly, impartially and diligently;  May engage in extrajudicial activities that are consistent with the obligations of a judicial office; and  Should refrain from political activity..".
Ethics and Supreme court judges

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