What This Bill Does
This bill requires the Judicial Conference to create a code of conduct (a set of ethical rules) that applies to all justices and judges in U.S. courts. The bill also establishes a new position called the Ethics Investigations Counsel to handle complaints about judges and justices violating this code. Finally, the bill requires Supreme Court justices to publicly explain when they remove themselves from a case or when they refuse a request to remove themselves.
Who It Affects
Justices and judges of all U.S. courts. The Supreme Court of the United States. The public who may file complaints. The Judicial Conference of the United States.
Key Provisions
• The Judicial Conference must create a code of conduct for all justices and judges within one year of the bill becoming law. The code can have different rules for different types of judges (Sec. 2).
• The Supreme Court must appoint an Ethics Investigations Counsel within 90 days after the code of conduct is issued. This person will receive complaints from the public about possible code violations (Sec. 3(a)).
• The Ethics Investigations Counsel will serve for four years and can only be removed if the Supreme Court decides there is good cause to fire them (Sec. 3(b) and 3(c)).
• The Ethics Investigations Counsel will investigate possible violations of the code of conduct and publish a yearly public report about complaints received and actions taken (Sec. 3(e) and 3(g)).
• When a Supreme Court justice removes themselves from a case, they must publicly explain their reasons. If a justice refuses to remove themselves when asked, they must publicly explain why they refused (Sec. 4).
What Changes
Currently, no code of conduct applies to all federal judges and justices. After this bill becomes law, one will exist. Currently, there is no official person or office to investigate ethics complaints about Supreme Court justices. This bill creates that position. Currently, justices do not have to publicly explain when they remove themselves from cases. After this bill becomes law, they will have to provide public explanations.
Important Definitions
Disqualifies/disqualification: When a judge removes themselves from a case, usually because they have a personal interest in the outcome or a conflict that would make it improper for them to participate.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 325
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 SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. MURPHY (for himself, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. BOOKER,
Mr. BROWN, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Ms. CORTEZ MASTO,
Ms. DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FETTERMAN, Mr.
HICKENLOOPER, Ms. KLOBUCHAR, Mr. LUJA´N, Mr. MARKEY, Mr.
MERKLEY, Mrs. MURRAY, Mr. PETERS, Mr. SANDERS, Mrs. SHAHEEN,
Ms. SMITH, Ms. STABENOW, Mr. VAN HOLLEN, Mr. WYDEN, and Ms.
HIRONO) introduced the following bill; which was read twice and 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Supreme Court Ethics
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Act’’.
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•S 325 IS
SEC. 2. CODE OF CONDUCT.
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(a) IN GENERAL.—Chapter 57 of title 28, United
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States Code, is amended by adding at the end the fol-
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lowing:
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‘‘§ 964. Code of conduct
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‘‘Not later than 1 year after the date of the enact-
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ment of this section, the Judicial Conference of the United
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States shall issue a code of conduct, which applies to each
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justice and judge of the courts of the United States, except
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that the code of conduct may include provisions that are
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applicable only to certain categories of judges or justices.’’.
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(b) TECHNICAL AND CONFORMING AMENDMENT.—
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The table of sections for chapter 57 of title 28, United
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States Code, is amended by adding after the item related
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to section 963 the following:
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‘‘964. Code of conduct.’’.
SEC. 3. ESTABLISHMENT OF ETHICS INVESTIGATIONS
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COUNSEL AND REPORTING PROTOCOL.
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(a) IN GENERAL.—Not later than 90 days after the
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date on which the Judicial Conference of the United
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States issues a code of conduct under section 964 of title
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28, United States Code, as added by section 2(a) of this
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Act, the Supreme Court of the United States shall appoint
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and fix the compensation of an Ethics Investigations
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Counsel who shall adopt rules providing for the enforce-
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ment of the code of conduct, including a process to receive
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•S 325 IS
from the public information about potential violations of
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the code of conduct by justices of the Supreme Court.
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(b) TERM.—The Ethics Investigation Counsel shall
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serve a term of 4 years.
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(c) REMOVAL.—The Ethics Investigation Counsel
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may be removed for cause by the Supreme Court of the
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United States.
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(d) PROCESS.—The process shall include the estab-
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lishment of a method for the submission of the informa-
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tion described in subsection (a) in electronic form.
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(e) INVESTIGATIONS.—The Ethics Investigations
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Counsel appointed under this section shall conduct inves-
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tigations into potential violations of the code of conduct
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described in section 964 of title 28, United States Code,
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as added by section 2(a) of this Act, and other conduct
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prejudicial to the ethical, effective, and expeditious admin-
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istration of the business of the Supreme Court of the
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United States.
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(f) ASSISTANTS.—The Ethics Investigations Counsel
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appointed under this section may, with the approval of the
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Chief Justice of the United States, appoint necessary as-
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sistants and fix their compensation.
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(g) REPORT.—The Ethics Investigations Counsel ap-
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pointed under this section shall issue an annual public re-
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port describing the complaints described in subsection (a)
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•S 325 IS
and any steps taken to investigate, resolve, or rehabilitate
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the conduct detailed in the complaint.
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SEC. 4. RECUSAL OF JUSTICES.
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(a) IN GENERAL.—In any case in which a justice of
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the Supreme Court of the United States disqualifies him-
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self or herself in a proceeding under section 455 of title
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28, United States Code, the justice shall disclose in the
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public record of the proceeding the reasons for the dis-
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qualification.
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(b) DENIAL OF MOTION TO DISQUALIFY.—If a jus-
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tice of the Supreme Court of the United States denies a
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motion brought by a party to a proceeding before the
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Court that the justice should be disqualified in the pro-
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ceeding under section 455 of title 28, United States Code,
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the justice shall disclose in the public record of the pro-
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ceeding the reasons for the denial of the motion.
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Æ
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