IV 

118TH CONGRESS 

1ST SESSION H. RES. 402 

Expressing the sense of the House of Representatives that the Justices 

of the Supreme Court should make themselves subject to the existing 

and operative ethics guidelines set out in the Code of Conduct for 

United States Judges, or should promulgate their own code of conduct. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2023 

Ms. NORTON submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION 

Expressing the sense of the House of Representatives that 

the Justices of the Supreme Court should make themselves subject to the existing and operative ethics guidelines set out in the Code of Conduct for United States 

Judges, or should promulgate their own code of conduct. 

Whereas section 455 of title 28, United States Code, establishes the circumstances under which Justices, judges, or 

magistrate judges of the United States shall disqualify 

themselves from a case; 

Whereas under chapter 16 of title 28, United States Code 

(relating to complaints against judges and judicial discipline), the judicial circuits may prescribe rules and procedures for the conduct of proceedings under that chapter, including regarding complaint, investigative, and reVerDate Sep 11 2014 02:33 May 16, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR402.IH HR402

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•HRES 402 IH 

view procedures for certain decisions of judges and magistrate judges of the United States not to recuse themselves from cases; 

Whereas litigants can seek legal recourse through the United 

States courts to enforce section 455 of title 28, United 

States Code, and challenge the disposition of the underlying case, and complainants have administrative procedures under chapter 16 of title 28, United States Code, 

against a judge or magistrate judge of the United States, 

but there are no comparable enforcement mechanisms 

against the Justices of the United States; 

Whereas the Judicial Conference of the United States adopted a Code of Conduct for United States Judges, which 

uses language identical to the relevant portion of section 

455 of title 28, United States Code, that judges or magistrate judges of the United States must abide by when 

deciding whether to recuse themselves from a case, but 

the Code does not apply to Justices of the United States; 

Whereas Justices of the United States are not bound by any 

written code of conduct; 

Whereas Justices of the United States each have 

unreviewable authority to determine whether there is an 

appearance of bias, conflict of interest, or other ethical 

justification sufficient for withdrawal from hearing, partaking in deliberations in, or joining in the resolution of, 

a case or controversy; 

Whereas the Federal Judicial Center has concluded that ‘‘balancing the duty to decide’’ with ‘‘the duty to disqualify’’ 

precludes judges from using recusal as an excuse to shirk 

their duties by avoiding difficult or unpleasant cases; 


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•HRES 402 IH 

Whereas the Constitution vests judicial power in one Supreme 

Court, and in such inferior courts as the Congress may 

from time to time ordain and establish; 

Whereas the separation of powers of the coordinate branches 

of government, as well as the independence of the judiciary, or the appearance of independence, may be compromised by extensive legislative or executive interference 

into that branch’s functions; 

Whereas James Madison argued in Federalist Paper Number 

10 that ‘‘[n]o man is allowed to be a judge in his own 

cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity’’; and 

Whereas the Supreme Court has acknowledged in Republican 

Party of Minnesota v. White, and reiterated in Caperton 

v. A.T. Massey Coal Co., that ‘‘[t]he citizen’s respect for 

judgments depends . . . upon the issuing court’s absolute 

probity’’ and that ‘‘[j]udicial integrity is, in consequence, 

a state interest of the highest order’’: Now, therefore, be 

it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that the Justices of the United States should 

3 make themselves subject to the existing and operative eth4 ics guidelines set out in the Code of Conduct for United 

5 States Judges, or should promulgate their own code of 

6 conduct. 

Æ 


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