Supreme Court Adopts Ethics Code After Reports of Undisclosed Gifts and Travel - The Ne... - 0 views
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In a statement, the justices said they had established the code of conduct “to set out succinctly and gather in one place the ethics rules and principles that guide the conduct of the members of the court.” Left unclear was how the rules would be enforced or by whom.
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The code, laid out over nine pages, does not place specific restrictions on gifts, travel or real estate deals. But it does caution the justices that they should not take part in outside activities that “detract from the dignity of the justice’s office,” “interfere with the performance of the justice’s official duties,” “reflect adversely on the justice’s impartiality” or “lead to frequent disqualification.”
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The rules also prohibit justices from allowing “family, social, political, financial or other relationships to influence official conduct or judgment.” The document cites examples of when justices must recuse themselves from a case, including when they have a “personal bias” or a financial interest.
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she was troubled by the court’s failure to acknowledge past transgressions and the lack of a mechanism to enforce the new restrictions.
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“It’s good that they did this,” he said. “It’s good that they feel some obligation to respond to public criticism and act like they care.”But, he added, “in terms of the content, it doesn’t seem to move the ball much.”
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The main difference between the new code and the one that applies to other federal judges is in its treatment of recusal. In commentary the court issued along with the code, the justices said they must be wary of disqualifying themselves from cases because — unlike judges on lower courts — they cannot be replaced when they do
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“Because of the broad scope of the cases that come before the Supreme Court and the nationwide impact of its decisions,” the commentary said, the provision on recusal “should be construed narrowly.”
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In all, said James Sample, a law professor at Hofstra University, the new code is a modest improvement.“Will this code of conduct solve the problems?” he asked. “No. There will certainly be questions as to enforcement. There will be questions as to details, and you can quibble over certain of the provisions. But this is a significant step.”