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.
