Bill Summary
This bill, also known as the "Supreme Court Ethics Act," aims to amend Title 28 of the United States Code in order to establish a code of conduct for all justices and judges of the United States courts. This code of conduct, to be issued by the Judicial Conference of the United States, will set guidelines and rules for ethical behavior for all judges and justices. The bill also includes the establishment of an Ethics Investigations Counsel, appointed by the Supreme Court, to investigate and enforce the code of conduct. The Counsel will also be responsible for receiving information from the public about potential violations of the code of conduct. Additionally, the bill requires that any justice who disqualifies themselves from a case must disclose their reasons for doing so in the public record.
Possible Impacts
1. The establishment of a code of conduct for justices and judges could affect people by holding them accountable for their actions and ensuring they adhere to ethical standards. This could potentially impact the decisions made by these individuals and ultimately affect the outcome of cases.
2. The requirement for disclosure of recusals could affect people by increasing transparency in the judicial process and potentially revealing any conflicts of interest or biases held by a justice or judge. This could impact the perception of the fairness and impartiality of the court.
3. The establishment of an Ethics Investigations Counsel could affect people by providing a means for members of the public to report potential violations of the code of conduct by justices and judges. This could lead to increased scrutiny and potential consequences for those found to be in violation, potentially affecting their careers and public perception.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 927 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 927
To amend title 28, United States Code, to provide for a code of conduct
for justices and judges of the courts of the United States, establish
an ethics investigations counsel, and require disclosure of recusals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Johnson of Georgia (for himself and Mr. Nadler) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to provide for a code of conduct
for justices and judges of the courts of the United States, establish
an ethics investigations counsel, and require disclosure of recusals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supreme Court Ethics Act.''
SEC. 2. CODE OF CONDUCT.
(a) In General.--Chapter 57 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 964. Code of conduct
``Not later than 1 year after the date of the enactment of this
section, the Judicial Conference of the United States shall issue a
code of conduct, which applies to each justice and judge of the courts
of the United States, except that the code of conduct may include
provisions that are applicable only to certain categories of judges or
justices.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 28, United States Code, is amended by adding after
the item related to section 963 the following:
``964. Code of conduct.''.
SEC. 3. ESTABLISHMENT OF ETHICS INVESTIGATIONS COUNSEL AND REPORTING
PROTOCOL.
(a) In General.--Not later than 90 days after the date on which the
Judicial Conference of the United States issues a code of conduct under
section 964 of title 28, United States Code, as added by section 2(a)
of this Act, the Supreme Court of the United States shall appoint and
fix the compensation of an Ethics Investigations Counsel who shall
adopt rules providing for the enforcement of the code of conduct,
including a process to receive from the public information about
potential violations of the code of conduct by justices of the Supreme
Court.
(b) Term.--The Ethics Investigation Counsel shall serve a term of 4
years.
(c) Removal.--The Ethics Investigation Counsel may be removed for
cause by the Supreme Court of the United States.
(d) Process.--The process shall include the establishment of a
method for the submission of the information described in subsection
(a) in electronic form.
(e) Investigations.--The Ethics Investigations Counsel appointed
under this section shall conduct investigations into potential
violations of the code of conduct described in section 964 of title 28,
United States Code, as added by section 2(a) of this Act, and other
conduct prejudicial to the ethical, effective, and expeditious
administration of the business of the Supreme Court of the United
States.
(f) Assistants.--The Ethics Investigations Counsel appointed under
this section may, with the approval of the Chief Justice of the United
States, appoint necessary assistants and fix their compensation.
(g) Report.--The Ethics Investigations Counsel appointed under this
section shall issue an annual public report describing the complaints
described in subsection (a) and any steps taken to investigate,
resolve, or rehabilitate the conduct detailed in the complaint.
SEC. 4. RECUSAL OF JUSTICES.
(a) In General.--In any case in which a justice of the Supreme
Court of the United States disqualifies himself or herself in a
proceeding under section 455 of title 28, United States Code, the
justice shall disclose in the public record of the proceeding the
reasons for the disqualification.
(b) Denial of Motion To Disqualify.--If a justice of the Supreme
Court of the United States denies a motion brought by a party to a
proceeding before the Court that the justice should be disqualified in
the proceeding under section 455 of title 28, United States Code, the
justice shall disclose in the public record of the proceeding the
reasons for the denial of the motion.
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