The U.S. Supreme Court took what reformers consider an important “first step” on Monday, adopting a formal ethics code. However, they are left wanting more due to a lack of any mechanism to enforce it. As a landmark move towards ethical reform, the new code of conduct, which has been signed by all nine justices, is seen to be largely a reflection of the code that has long been applied to lower federal court judges, bar a few tweaks made to accommodate for the unique institutional setting of the Supreme Court. Read more in the National Law Journal.
While reformers see this as progress, there is a consensus that these new changes are modest at best. “It’s a step in the right direction, that’s the general consensus,” according to Russell Wheeler of the Brookings Institution.
There is still a long way to go towards establishing a framework that ensures ethical conduct across the U.S. justice system, particularly at its highest level. More than the introduction of an ethics code is necessary; its successful implementation presents a whole new set of challenges. An effective code of conduct should be comprehensive, addressing the complexities of the Supreme Court’s unique setting, backed by a robust mechanism for enforcement.
As such, this development should be seen as the commencement of a process that needs continuous revisions, rather than being the solution to all the ethical issues plaguing the Supreme Court. It serves notice to the global legal community about the importance the U.S. Supreme Court is placing on integrity, but underlines the necessity for a more comprehensive approach to ethical reform within the judiciary.