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.

Subjects: Law


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 402 Introduced in House (IH)]

&lt;DOC&gt;






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 review 
        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;
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
    Resolved, That it is the sense of the House of Representatives that 
the Justices of the United States 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.
                                 &lt;all&gt;
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