ABA Urges Ethics Code For Supreme Court

The American Bar Association (ABA) wants the Supreme Court to adopt a Judicial Ethics Code.

Meeting in New Orleans on Monday, the group’s 591-Member Policy-making body, passed a Resolution urging the Court to adopt Ethics Rules, similar to the Code-of-Conduct all other Federal Judges must follow.

Concern over Public perception of the Court seemed to prompt the ABA action. The Resolution said the Absence of a clearly articulated, binding Code-of-Ethics for the Justices, threatens the Legitimacy of the Court.

“If the legitimacy of the Court is diminished, the legitimacy of all our courts and our entire judicial system is imperiled,” the Resolution said.

Federal Judges on Lower Courts across the Country, are bound by the Code of Judicial Conduct, which maps out Rules for how Judges should conduct themselves On and Off the Bench.

The Code says Judges should:

- Avoid Impropriety and the appearance of Impropriety in all Activities.

- Refrain from Political Activity.

- Recuse themselves from a Case when their Impartiality might be reasonably questioned because of Financial Interests or Personal Bias.

Democrats have long called on the Supreme Court to adopt an Ethics Code. The House Judiciary Committee advanced a Bill in May, 2022, that would have forced the Court to develop its own Policy, but that Legislation stalled before the full House.

In his 2011 Annual Report, Chief Justice John Roberts said it’s a Misconception that the Judicial Code-of-Conduct applies only to Lower Federal Courts. He said the Justices consult the Code in assessing Ethical Obligations and it’s Not their only source of Guidance. “They may also seek advice from the Court’s Legal Office, from the Judicial Conference’s Committee on Codes of Conduct, and from their colleagues,” he said. “For that reason, the Court has had no reason to adopt the Code of Conduct as its definitive source of ethical guidance.”

But still Fails to follow it.

The Supreme Court, however, has dealt with a Wave of Ethics concerns in recent months, and Public Opinion plummeted, after it Overturned the Constitutional Right to Abortion in June, 2022, and the Leak of that Opinion.

A Marquette Law School Poll last month, found that Public Approval of the Court had jumped up to 47% after hitting 38% in June, 2022, but that’s still well below the 66% Approval Rating the Court held in September 2020.

The ABA Resolution, also urged Federal, State, Local, and Territorial Bar Associations, to adopt their own Resolutions pushing the High Court to take Action.










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