Experts in legal ethics gave the document measured approval.
“This is a small but significant step in the right direction,” said Amanda Frost, a law professor at the University of Virginia. But she said she was troubled by the court’s failure to acknowledge past transgressions and the lack of a mechanism to enforce the new restrictions.
Daniel Epps, a law professor at Washington University in St. Louis, said the new code reflected, if nothing else, a recognition that the court had to act. “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.”
Although an ethics code binds judges in the lower federal courts, those rules have never governed the Supreme Court because of its special constitutional status. In a letter to lawmakers this spring, Chief Justice John G. Roberts Jr. said the court “takes guidance” from the ethics code for other federal judges and shared a statement signed by all nine justices that insisted that their existing rules were sufficient.
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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Originally Posted by Mike
