Supreme Court Ethics Act
- Sponsor
- Sen. Murphy, Christopher [D-CT]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 23, 2026
Bottom line
The Supreme Court Ethics Act aims to enhance judicial ethics and transparency by establishing formal codes of conduct, an independent investigative body, and public recusal disclosures for federal judges and Supreme Court justices.
What it actually does
This bill mandates the Judicial Conference of the United States and the Supreme Court to each issue a code of conduct for judges and justices, respectively, incorporating existing requirements under 28 U.S.C. 455. It establishes an Ethics Investigations Counsel within the Supreme Court to enforce its code of conduct and investigate potential violations. Furthermore, it requires Supreme Court justices to publicly disclose reasons for recusal or denial of recusal motions.
Proponents argue
Proponents argue that the bill is a necessary step to restore public trust in the judiciary, particularly the Supreme Court, by formalizing ethical standards and providing a clear mechanism for accountability. They contend that a binding code of conduct, enforced by an independent counsel, will address concerns about conflicts of interest and ensure impartiality, while public recusal disclosures will increase transparency.
Opponents contend
Opponents may argue that the bill represents an overreach by Congress into the internal affairs of the judiciary, potentially undermining judicial independence. They might contend that the Supreme Court already adheres to high ethical standards and that existing statutes (like 28 U.S.C. 455) are sufficient. Concerns could also be raised about the practical implications of an Ethics Investigations Counsel, such as potential for politically motivated complaints or interference with judicial decision-making.
The bill is very concise and can be read quickly, making it accessible for immediate understanding of its core provisions.
Section 2(a), adding 28 U.S.C. 964(a)
Judicial Conference to Issue Code of Conduct for Federal Judges
This provision requires the Judicial Conference of the United States to issue a code of conduct for all judges of the courts of the United States within one year of the bill's enactment. This code must, at a minimum, incorporate the existing requirements for disqualification under 28 U.S.C. 455, which outlines circumstances under which a judge must recuse themselves.
Supporters argue
Supporters argue this formalizes and clarifies ethical expectations across the federal judiciary, ensuring consistent standards and reinforcing public confidence in judicial impartiality.
Critics contend
Some might argue that existing ethical guidelines and statutory requirements are sufficient, and a new formal code could create unnecessary bureaucracy or potential for frivolous complaints.
Tradeoffs
Balances the desire for explicit ethical standards with concerns about potential over-regulation or interference with judicial discretion.
Section 2(a), adding 28 U.S.C. 964(b)
Supreme Court to Issue Code of Conduct for Justices
This provision mandates that the Supreme Court of the United States itself must issue a code of conduct specifically for its justices within one year of the bill's enactment. Similar to the provision for other federal judges, this code must incorporate, at a minimum, the existing disqualification requirements under 28 U.S.C. 455.
Section 3
Establishment of Ethics Investigations Counsel for Supreme Court
This section requires the Supreme Court to appoint an Ethics Investigations Counsel within 90 days after issuing its code of conduct. This Counsel will serve a renewable 4-year term, can be removed for cause, and is responsible for adopting rules to enforce the code of conduct, including a process for receiving public complaints. The Counsel will conduct investigations into potential violations and other conduct prejudicial to the Court's administration. The Counsel can appoint assistants and retain outside attorneys.
Section 3(g)
Annual Public Report on Ethics Investigations
The Ethics Investigations Counsel is required to issue an annual public report. This report must describe the information received regarding potential code of conduct violations and detail any steps taken to investigate, resolve, or rehabilitate the conduct described in that information.
Section 4
Public Disclosure of Recusals by Supreme Court Justices
This section mandates that whenever a Supreme Court justice disqualifies themselves from a proceeding under 28 U.S.C. 455 (which outlines reasons for disqualification), they must disclose the reasons for that disqualification in the public record of the proceeding. Similarly, if a justice denies a motion to disqualify themselves, they must also disclose the reasons for that denial in the public record.