What This Bill Does
This bill creates rules that all federal judges and Supreme Court justices must follow. It sets up a new position called an Ethics Investigations Counsel to investigate when judges may break these rules. It also requires Supreme Court justices to explain publicly when they remove themselves from a case or refuse to remove themselves.
Who It Affects
Justices of the Supreme Court of the United States. Judges of the courts of the United States. The public submitting complaints about judges. The Supreme Court of the United States (as the employer). The Judicial Conference of the United States.
Key Provisions
• The Judicial Conference of the United States must create a code of conduct for all federal judges and justices within one year after this law passes (Sec. 2)
• The Supreme Court must hire an Ethics Investigations Counsel within 90 days after the code of conduct is issued, and this person will receive and investigate complaints from the public about judges breaking the code (Sec. 3(a))
• The Ethics Investigations Counsel serves a four-year term and can only be removed for cause by the Supreme Court (Sec. 3(b) and (c))
• The Ethics Investigations Counsel must issue a yearly public report describing complaints received and what actions were taken (Sec. 3(g))
• When a Supreme Court justice removes themselves from a case, they must publicly explain why. When a justice refuses to remove themselves after being asked, they must also publicly explain why (Sec. 4(a) and (b))
What Changes
Federal judges and justices will have written conduct rules they must follow. The public will have a formal way to report judges' ethical violations. Complaints about judges and investigations will be handled by a dedicated Ethics Investigations Counsel instead of through other processes. The Supreme Court must publicly state reasons when justices disqualify themselves or reject requests to do so.
Important Definitions
The bill does not define what constitutes an ethical violation or what specific conduct is prohibited. It requires the code of conduct to address violations and "conduct prejudicial to the ethical, effective, and expeditious administration of the business of the Supreme Court" but does not define these terms (Sec. 3(e)).
I
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 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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•HR 927 IH
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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•HR 927 IH
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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•HR 927 IH
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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