In a significant move that continues to fortify the integrity of the U.S. judicial system, the U.S. Supreme Court published a Code of Conduct on November 13, 2023. This code acts as the cornerstone of ethical practice, delineating the rules and principles that shape the conduct of the High Court’s Justices and their staff.
The Code, as explained in more detail here, has been distilled into five Judicial Canons. These principles take their lead from a variety of sources, including the common law, statutory provisions, the ethics code pertaining to other federal judges, and advisory opinions offered by the Judicial Conference Committee on Codes of Conduct.
The introduction of this Code of Conduct means that for the first time, there is a defined set of ethical guidelines directly targeted at the Supreme Court. Prior to this, there was no formal ethical code for Supreme Court Justices, despite lower courts being subject to such standards. Though the Justices have always contended with high ethical expectations, this Code of Conduct offers a clear outline of acceptable behavior, thereby supplementing the unwritten standards that have guided the high bench in the past.
The implications of this change can be significant for legal professionals, particularly those involved in cases before the U.S. Supreme Court. Lawyers would do well to familiarize themselves with these new guidelines to underpin the conduct expected in the highest court of the land. In turn, corporate counsel should understand how these changes might affect their litigation strategy when cases reach the Supreme Court.