Impaneling a committee of judges to enforce the US Supreme Court’s ethics code as suggested by Justice Elena Kagan could improve public confidence but would likely be toothless in practice, legal scholars said.
During a speech at a judicial conference in Sacramento, California, on Thursday, Kagan said a committee of highly respected judges appointed by the chief justice could be a solution to the lack of an enforcement mechanism in the court’s newly adopted code of conduct. However, the implementation of such a committee raises considerable questions about its effectiveness and practicality.
“It’s feasible, but it will achieve nothing,” said Stephen Gillers, an emeritus professor at New York University School of Law who has written extensively on judicial ethics. According to Gillers, merely having a committee does not address the fundamental issue of enforcement powers.
Kagan’s proposal aims to address the growing public concern over the ethical conduct of the Justices, particularly in light of recent controversies. The US Supreme Court has long operated without a specific enforceable code of conduct, unlike lower federal courts which have mandatory ethical guidelines that judges are required to follow.
Legal experts argue that while the creation of an ethics committee could be a symbolic step towards greater transparency and accountability, it may not possess the disciplinary powers required to enforce compliance among the Justices. Critics suggest that any significant enforcement would require mechanisms and procedures beyond the committee’s purview, potentially necessitating legislative intervention or reforms.
For further analysis on this topic, you can read the full coverage by Bloomberg Law here.