IV 
112TH CONGRESS 
1ST SESSION 
H. RES. 478 
Expressing the sense of the House of Representatives that the Justices 
of the United States Supreme Court should make themselves subject 
to the existing and operative ethics guidelines set out in the Code of 
Conduct for United States Judges, most of which are already legally 
binding on them. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 29, 2011 
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 United States Supreme Court should 
make themselves subject to the existing and operative 
ethics guidelines set out in the Code of Conduct for 
United States Judges, most of which are already legally 
binding on them. 
Whereas section 455 of title 28, United States Code, estab-
lishes the circumstances under which any justice, judge, 
or magistrate judge of the United States shall disqualify 
himself or herself from a case; 
Whereas the Judicial Conduct and Disability Act authorizes 
the Federal judicial circuits to implement complaint, in-
vestigative, and review procedures for certain decisions of 
VerDate Mar 15 2010 
00:20 Nov 30, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6300
E:\BILLS\HR478.IH
HR478
pwalker on DSK5TPTVN1PROD with BILLS
•HRES 478 IH 
a judge or magistrate judge of the United States not to 
recuse himself or herself from a case; 
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 under-
lying case, and complainants have administrative proce-
dures under the Judicial Conduct and Disability Act 
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 adopt-
ed a Code of Conduct for United States Judges, which 
uses identical language to the relevant portion of section 
455 of title 28, United States Code, that a judge or mag-
istrate judge of the United States must abide by when 
deciding whether to recuse himself or herself from a case, 
but the Code does not apply to a Justice of the United 
States Supreme Court; 
Whereas Justices of the United States Supreme Court each 
have unreviewable authority to determine whether there 
is an appearance of bias, conflict of interest, or other eth-
ical 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 ‘‘bal-
ancing 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 United States Constitution vests judicial power 
in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish; 
VerDate Mar 15 2010 
00:20 Nov 30, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6300
E:\BILLS\HR478.IH
HR478
pwalker on DSK5TPTVN1PROD with BILLS
•HRES 478 IH 
Whereas the separation of powers of the coordinate branches 
of government, as well as the independence of the Judici-
ary, or the appearance of independence, may be com-
promised by extensive Legislative or Executive inter-
ference 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 judg-
ment, and, not improbably, corrupt his integrity’’; and 
Whereas the United States Supreme Court has acknowledged 
in Republican Party of Minnesota v. White, and reiter-
ated 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 high-
est order’’: Now, therefore, be it 
Resolved, That it is the sense of the House of Rep-
resentatives that the Justices of the United States Su-
preme Court should make themselves subject to the exist-
ing and operative ethics guidelines set out in the Code of 
Conduct for United States Judges, most of which are al-
ready legally binding on them. 
Æ 
VerDate Mar 15 2010 
00:20 Nov 30, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\HR478.IH
HR478
pwalker on DSK5TPTVN1PROD with BILLS