U.S. Supreme Court's New Code of Conduct Draws Criticism
The new code, which includes a controversial 'duty to sit' doctrine, has been criticized for lacking enforcement and not meeting the ethical standards of other federal judges.
- The U.S. Supreme Court has released its first formal code of conduct, which has been criticized for lacking an enforcement mechanism and not including any new rules to address recent ethical lapses.
- The new code includes a 'duty to sit' doctrine, which emphasizes that judges should resist recusal and decide cases unless grounds for disqualification are undeniably clear, a stark contrast to longstanding ethics principles.
- Critics argue that the new code gives the justices too much latitude and does not hold them to high enough standards to avoid situations that might create the appearance of a loss of independence or impartiality.
- Democrats, including Majority Leader Chuck Schumer and Senate Judiciary Chairman Dick Durbin, have criticized the new code for its lack of enforcement and for falling short of the ethical standards to which other federal judges are held.
- Republicans argue that it is the court's role, not Congress', to set out how they operate as an independent, coequal branch of government.