II
118th CONGRESS
1st Session
S. 325
IN THE SENATE OF THE UNITED STATES
February 9, 2023
Mr. Murphy (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr. Brown, Mr. Cardin, Mr. Carper, Mr. Casey, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Fetterman, Mr. Hickenlooper, Ms. Klobuchar, Mr. Luján, Mr. Markey, Mr. Merkley, Mrs. Murray, Mr. Peters, Mr. Sanders, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr. Wyden, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 28, United States Code, to provide for a code of conduct for justices and judges of the courts of the United States, establish an ethics investigations counsel, and require disclosure of recusals.
Short title
This Act may be cited as the Supreme Court Ethics Act
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Code of conduct
In general
Chapter 57 of title 28, United States Code, is amended by adding at the end the following:
Code of conduct
Not later than 1 year after the date of the enactment of this section, the Judicial Conference of the United States shall issue a code of conduct, which applies to each justice and judge of the courts of the United States, except that the code of conduct may include provisions that are applicable only to certain categories of judges or justices.
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Technical and conforming amendment
The table of sections for chapter 57 of title 28, United States Code, is amended by adding after the item related to section 963 the following:
964. Code of conduct.
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Establishment of Ethics Investigations Counsel and reporting protocol
In general
Not later than 90 days after the date on which the Judicial Conference of the United States issues a code of conduct under section 964 of title 28, United States Code, as added by section 2(a) of this Act, the Supreme Court of the United States shall appoint and fix the compensation of an Ethics Investigations Counsel who shall adopt rules providing for the enforcement of the code of conduct, including a process to receive from the public information about potential violations of the code of conduct by justices of the Supreme Court.
Term
The Ethics Investigation Counsel shall serve a term of 4 years.
Removal
The Ethics Investigation Counsel may be removed for cause by the Supreme Court of the United States.
Process
The process shall include the establishment of a method for the submission of the information described in subsection (a) in electronic form.
Investigations
The Ethics Investigations Counsel appointed under this section shall conduct investigations into potential violations of the code of conduct described in section 964 of title 28, United States Code, as added by section 2(a) of this Act, and other conduct prejudicial to the ethical, effective, and expeditious administration of the business of the Supreme Court of the United States.
Assistants
The Ethics Investigations Counsel appointed under this section may, with the approval of the Chief Justice of the United States, appoint necessary assistants and fix their compensation.
Report
The Ethics Investigations Counsel appointed under this section shall issue an annual public report describing the complaints described in subsection (a) and any steps taken to investigate, resolve, or rehabilitate the conduct detailed in the complaint.
Recusal of Justices
In general
In any case in which a justice of the Supreme Court of the United States disqualifies himself or herself in a proceeding under section 455 of title 28, United States Code, the justice shall disclose in the public record of the proceeding the reasons for the disqualification.
Denial of motion To disqualify
If a justice of the Supreme Court of the United States denies a motion brought by a party to a proceeding before the Court that the justice should be disqualified in the proceeding under section 455 of title 28, United States Code, the justice shall disclose in the public record of the proceeding the reasons for the denial of the motion.
