The New York City Bar Association (NYCBA) is urging Congress to impose enforceable ethics rules on U.S. Supreme Court justices. In a report released Tuesday, the bar endorsed the creation of a Judicial Investigation Panel and an Office of the Inspector General to address growing concerns over the Court's accountability.

NYC Ethics Rules : Longstanding Call for Reform

NYCBA has advocated for ethics reform at the Supreme Court for more than a decade, but recent scandals have reignited the need for action. After taking office as the bar’s president in May, Muhammad U. Faridi made revisiting the issue a priority amid ongoing media reports highlighting questionable conduct by justices.

"Recent developments have underscored the importance of a thorough examination of this issue," Faridi told Law360, stressing the need for continued advocacy for ethical reforms.

NYC Ethics Rules : Proposed Judicial Oversight

The NYCBA’s report recommends creating a Judicial Investigation Panel composed of five federal judges to oversee disciplinary matters. The panel would address potential violations, issuing sanctions such as admonitions, censures, or even referrals to Congress or the U.S. Attorney General. The bar also proposed the creation of an Office of the Inspector General for the Supreme Court, which would be overseen by a Chief Justice-appointed inspector general.

The bar further suggests that Supreme Court justices be given 30 days to review and potentially modify any decisions made by the panel before they become final. Additionally, NYCBA calls for justices to provide clear explanations when recusing themselves from cases, divest from publicly traded stocks, and avoid partisan affiliations with organizations like the Federalist Society or American Constitution Society.

Addressing Gifts and Ethical Standards

In response to controversies involving undisclosed gifts, the NYCBA proposes a $1,000 annual limit on gifts that justices can receive from friends, including hospitality. For gifts exceeding $250, the bar recommends requiring prior approval from the Court’s Office of Legal Counsel.

The report emphasizes that such limits would reinforce public trust, stating, "Justice is not for sale, and public service should not be a path to personal enrichment."

Congressional Action and the Exceptions Clause

While the Supreme Court issued its own ethics code in November, it was criticized for lacking enforcement mechanisms. The NYCBA argues that Congress has the authority to pass legislation to ensure compliance with ethical standards.

In a unique proposal, the bar suggests stripping the Supreme Court of jurisdiction over challenges to the constitutionality of its ethics code. Instead, these cases would be handled by the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the D.C. Circuit, justified by the exceptions clause in Article III of the U.S. Constitution.

Support for Congressional Proposals

NYCBA's report also incorporates ideas from recent Congressional proposals. In September 2023, U.S. Sen. Sheldon Whitehouse introduced legislation for a Judicial Investigation Panel, and in April, a group of lawmakers proposed creating an inspector general's office for the entire federal judiciary.

NYCBA’s report reflects these legislative ideas, aiming to bolster the integrity of the judiciary through enforceable ethical guidelines.