PORTLAND, Maine — U.S. Sens. Angus King, I-Maine, and Lisa Murkowski, R-Alaska, introduced bipartisan legislation Wednesday requiring the Supreme Court to create its own code of conduct.
The bill would also appoint an official to review potential conflicts and public complaints. The code and any violations would be made public.
The new legislation comes after a tumultuous month of headlines surrounding Justice Clarence Thomas, who reportedly did not disclose two decades worth of luxury trips from a Republican megadonor.
Chief Justice John Roberts declined a request by the Senate Judiciary Committee to testify in a hearing on ethical standards within the court, King said.
The Supreme Court Code of Conduct Act would:
- Require the Supreme Court to implement a code of conduct within one year from the date of enactment.
- Require the Supreme Court to publish their new code on their website, making sure it is available to the public.
- Require the Supreme Court to name an individual to handle any complaints of violations of the code. This person will accept information or complaints from the public that allege violations of the code by a Supreme Court justice, or violations of other federal laws.
- This person will be required to publish an annual report—posted on the Court’s website—describing the information and complaints they received and actions taken to remedy the conduct. Complaints will be anonymized to protect people reporting potential misconduct.
- Give the Supreme Court authority to initiate investigations, as needed, to determine if any Supreme Court Justices or staff may have engaged in conduct that is prejudicial to the administration of justice or that violates other federal laws or codes of conduct.
"We are trying to create something that will help to restore the confidence of the public in the supreme court, which is critically important to the functioning of our entire federal system," King said.
King did not elaborate on what standards he would ideally like to see them follow, but he said they should follow the federal standards, including avoiding even the appearance of Impropriety in all activities.
King said Justices of the Supreme Court are the only federal judges that are not explicitly bound by a code of conduct which provides guidance on the performance of their official duties and engagement in outside activities. The executive and legislative branches of government currently abide under similar processes to maintain accountability and public trust in institutions.
King said he still needs to see if he can get bipartisan support, particularly from Republicans. He said that without their approval, the bill will not even get to the floor for a vote.