What Is the Code of Conduct for the U.S. Supreme Court?

For several months the U.S. Supreme Court has been under fire from liberal activist groups to implement an ethics code. The activists took aim at Justice Clarence Thomas, the high court’s most conservative member. They accused Thomas of violating the court’s ethics rule.  According to Mary Margaret Olohan at The Daily Signal, the U.S. Supreme Court released its own “Code of Conduct” this evening, stating the purpose being “to set out succinctly and gather in one place the ethics rules and principles that guide the conduct of the members of the court.” 

Although acknowledging the “absence of a code” had led to an “misunderstanding,” the justices noted that most of the rules and principles in the new Code of Conduct are not new at all. The “misunderstanding” was that the justices regarded themselves as unrestricted by any ethics rules even though other jurists in America have ethics rules. A statement by the court included, “To dispel this misunderstanding, we are issuing this code, which largely represents a codification of principles that we have long regarded as governing our conduct.”

Olohan reported that all nine justices signed the Code of Conduct: Thomas, Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan, Brett Kavanaugh, and Sonia Sotomayor, and Chief Justice John Roberts. Olohan also explained the different parts of the code.

Canon 1 of the code states that a justice should uphold the integrity and independence of the judiciary.

Canon 2 states that a justice should avoid impropriety and the appearance of impropriety in all activities, including respect for the law, outside influence, and nondiscriminatory organization memberships.

Canon 3 states that a justice should perform the duties of the office fairly, impartially, and diligently.

Canon 4 states that a justice may engage in extrajudicial activities that are consistent with the obligations of the judicial office, such as law-related pursuits and civic, charitable, educational, religious, and government activities.

Canon 5 states that a justice should refrain from political activity.

An additional note to the Code of Conduct states that the justices must also comply with the U.S. Constitution, with current laws relating to judicial ethics, and with current judicial conference regulations on things such as gifts, outside earned income, honoraria, and financial disclosures.