Supreme Court Justices: Ethics, recusal and public perception; WOUB Public Media, June 28, 2024

WOUB Public Media; Supreme Court Justices: Ethics, recusal and public perception

"The U.S. Supreme Court has hit an all-time low in public trust and confidence.

In this episode of “Next Witness…Please,” retired judges Gayle Williams-Byers and Tom Hodson explore the reasons behind this decline and the immense power wielded by Supreme Court justices.

They delve into why the public sees the court as more political than judicial, eroding faith in the rule of law.

The episode also addresses shady financial dealings, unreported gifts, and questionable public actions and statements by justices, including Clarence Thomas and Samuel Alito.

These issues raise serious ethical concerns and undermine the court’s integrity, much to the consternation of many legal analysts and ethicists.

Tune in to “Next Witness…Please” as the judges discuss potential solutions to these ethical challenges and ways the Supreme Court can restore public trust."

Roberts sidesteps Supreme Court’s ethics controversies in yearly report; The Washington Post, December 31, 2023

 Ann E. Marimow, The Washington Post; Roberts sidesteps Supreme Court’s ethics controversies in yearly report

"Roberts, a history buff, also expounded on the potential for artificial intelligence to both enhance and detract from the work of judges, lawyers and litigants. For those who cannot afford a lawyer, he noted, AI could increase access to justice.

“AI obviously has great potential to dramatically increase access to key information for lawyers and non-lawyers alike. But just as it risks invading privacy interests and dehumanizing the law,” Roberts wrote, “machines cannot fully replace key actors in court.”...

Roberts also did not mention in his 13-page report the court’s adoption for the first time of a formal code of conduct, announced in November, specific to the nine justices and intended to promote “integrity and impartiality.” For years, the justices said they voluntarily complied with the same ethical guidelines that apply to other federal judges and resisted efforts by Congress to impose a policy on the high court...

The policy was praised by some as a positive initial step, but criticized by legal ethics experts for giving the justices too much discretion over recusal decisions and for not including a process for holding the justices accountable if they violate their own rules."

Michael Cohen used fake cases created by AI in bid to end his probation; The Washington Post, December 29, 2023

 Pranshu Verma, The Washington Post; Michael Cohen used fake cases created by AI in bid to end his probation

"Michael Cohen, a former fixer and lawyer for former president Donald Trump, said in a new court filing that he unknowingly gave his attorney bogus case citations after using artificial intelligence to create them as part of a legal bid to end his probation on tax evasion and campaign finance violation charges...

In the filing, Cohen wrote that he had not kept up with “emerging trends (and related risks) in legal technology and did not realize that Google Bard was a generative text service that, like ChatGPT, could show citations and descriptions that looked real but actually were not.” To him, he said, Google Bard seemed to be a “supercharged search engine.”...

This is at least the second instance this year in which a Manhattan federal judge has confronted lawyers over using fake AI-generated citations. Two lawyers in June were fined $5,000 in an unrelated case where they used ChatGPT to create bogus case citations."

The Supreme Court’s Ethics Problem Has a Pretty Easy Solution; Bloomberg Law, August 25, 2023

 Michael J. Broyde, Bloomberg Law; The Supreme Court’s Ethics Problem Has a Pretty Easy Solution

"Much has been written on the ethical problems facing the Supreme Court. Writers fixate mostly on the lack of an ethics code and the conduct of specific justices.

Yet in this discussion, many have missed something key: These aren’t the real issues. In fact, US law already has the basic outlines of an ethics code. Federal law states directly that “any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

The statute, if applied uniformly and properly, solves nearly all the issues that have recently plagued the high court’s image by making the rules themselves clear.

Not only does the statute explicitly cover the justices, but every sitting justice also has accepted that the statute governs them, as noted in many cases and in the recent letter about ethics signed by the nine.

The real issue when it comes to the court’s ethical problems concerns this statute’s implementation."

Israelis’ defiance of Netanyahu holds a lesson for anyone who cares about democracy; The Guardian, July 28, 2023

 Jonathan Freedland, The Guardian; Israelis’ defiance of Netanyahu holds a lesson for anyone who cares about democracy

"That prompts a troubling question for all those engaged in the fight against nationalist populism, wherever they are. If all the strength and numbers Israel’s pro-democracy movement has mustered are not enough, what exactly will it take? Can it really be that a nation is powerless to stop a leader bent on destroying his country to save himself? That thought is almost too bleak to contemplate. Which is why everyone who cares about democracy, including those who are distant from Israel, should desperately want those protesters to succeed. We need them to win."

Keeping true to the Declaration of Independence is a matter of ethics; Ventura County Star, July 2, 2023

Ed Jones, Ventura County Star; Keeping true to the Declaration of Independence is a matter of ethics

"How do we keep faith with Jefferson, Franklin and the other founders? Due to the imperfections in human nature, there is no foolproof way, but a good plan would be to have all levels of our government — national, state and local — adopt ethical training similar to that of elective office holders here in California. Periodically, they must participate in ethics training which assumes there are universal ethical values consisting of fairness, loyalty, compassion trustworthiness, and responsibility that transcend other considerations and should be adhered to. This training consists of biannual computer sessions in which they must solve real-life problems based on the aforementioned ethical values.

I believe a real danger for elected officials and voters as well is the idea that certain societal values are so vital, so crucial, that they transcend normal ethical practices. This might be termed an “ends — means philosophy,” the idea that the ends justify the means. Mohandas Gandhi, former leader of India, observed that “the means are the ends in a democracy and good ends cannot come from questionable means.” 

No matter how exemplary our Declaration of Independence and Constitution, we are still relying on human beings to fulfill their promise. Ever since the Supreme Court took the power of judicial review — the power to tell us what the Constitution means and, in the process, affirm certain laws by declaring them constitutional or removing others by declaring them unconstitutional — the judgement of nine people has had a profound effect on our society. Was the Supreme Court correct in 1973 by saying the Ninth Amendment guarantees pregnant women the right to an abortion, or was it correct in 2022 by saying it didn’t?

In the final analysis we must conclude that it will be well-intentioned, ethical citizens and their elected and appointed representatives who will ensure the equitable future of what Abraham Lincoln referred to as our “ongoing experiment in self-government.”"

The ChatGPT Lawyer Explains Himself; The New York Times, June 8, 2023

Benjamin Weiser and Nate Schweber, The New York Times; The ChatGPT Lawyer Explains Himself

"Irina Raicu, who directs the internet ethics program at Santa Clara University, said this week that the Avianca case clearly showed what critics of such models have been saying, “which is that the vast majority of people who are playing with them and using them don’t really understand what they are and how they work, and in particular what their limitations are.”

Rebecca Roiphe, a New York Law School professor who studies the legal profession, said the imbroglio has fueled a discussion about how chatbots can be incorporated responsibly into the practice of law.

“This case has changed the urgency of it,” Professor Roiphe said. “There’s a sense that this is not something that we can mull over in an academic way. It’s something that has affected us right now and has to be addressed.”"

Supreme Court Justices Don’t Like Being Criticized in Public, Which Is a Good Reason to Keep Doing It; The New York Times, May 23, 2023

Stephen I. Vladeck, The New York Times ; Supreme Court Justices Don’t Like Being Criticized in Public, Which Is a Good Reason to Keep Doing It

"We will all disagree as to whether public criticism of the court in specific contexts is fair. But what can’t be denied is that public pressure on the court has been, both historically and recently, a meaningful check on the institution’s excesses — and an essential means by which the public is able to hold unelected and otherwise unaccountable judges and justices to account.

In the case of the shadow docket, it has led the court to tamp down its aggressiveness and try to provide more explanations for its less justified interventions. In the hotly debated case of ethics reform going on now, all nine justices have already publicly committed to following at least broad ethical norms. The court can go further, and it can (and should) adopt formal internal mechanisms to enforce whatever rules the justices agree to bind themselves to — much in the way that internal inspectors general hold both the executive and legislative branches to account.

The point is not that any one set of reforms is a magic bullet. Rather, it is that a court whose legitimacy depends at least to some degree on public support is not, should not be and never has been immune to criticism and pressure from the same public."

Most judges in survey support U.S. Supreme Court having ethics code; Reuters, June 22, 2022

Reuters; Most judges in survey support U.S. Supreme Court having ethics code

"Hundreds of judges nationwide believe that U.S. Supreme Court justices should be subject to an ethics code, according to a poll released Wednesday, with one saying they should set a "very high bar for the rest of us to emulate."

The National Judicial College, which provides training to judges nationally, said that in a survey of more than 12,000 of its alumni, 97% of the 859 judges who responded agreed Supreme Court justices should be bound by an ethics code."

The Battle for the Soul of the Library; The New York Times, February 24, 2022

Stanley Kurtz, The New York Times; The Battle for the Soul of the Library

"Ultimately, librarians who work to balance a library’s holdings will be far more persuasive advocates for intellectual freedom than those with a political ax to grind.

There is a lesson here for the professions upon whose trustworthy refereeing our society depends for its stability: judges, government bureaucrats, journalists and more. These occupations should work to recapture lost neutrality. As our political conflicts deepen, we need our traditionally fair and impartial referees far more, not less, than before." 

Judges vote unanimously to adopt new conduct and ethics guidelines; The Irish Times, February 4, 2022

Mary Carolan, The Irish Times; Judges vote unanimously to adopt new conduct and ethics guidelines

"Judges have voted to adopt new conduct and ethics guidelines which will be the framework for the first judicial misconduct complaints procedure here. 

At a remote meeting on Friday of the 167 member Judicial Council, the guidelines were unanimously supported by the participants. The guidelines were circulated to the judiciary last month. 

In a foreword to the judges, Chief Justice Mr Justice Donal O’Donnell recommended their adoption. He said public confidence in the justice system “depends on the integrity and authority of the judiciary”. 

As well as promoting the “highest standards” of judicial behaviour, the guidelines will also provide a framework for the conduct review function of the council, he said. 

Prepared by the council’s Judicial Conduct Committee (JCC), the guidelines are based on international principles known as the Bangalore Principles, aimed at ensuring judicial independence, impartiality, integrity, propriety and the appearance of propriety, competence and diligence and equal treatment of all who come before the courts.

They are intended to guide judges as to their conduct and to form the framework for a detailed judicial misconduct complaints procedure which, under the Judicial Council Act 2019, must be operable by June 28th next."

Serious questions remain about the ethics code for new appellate court; The Exponent Telegram, January 16, 2022

David McMahon, The Exponent Telegram; Serious questions remain about the ethics code for new appellate court

"West Virginia’s newest court is set to open its doors this year, but important questions are still to be determined about an ethics code for its judges.

Proposed by legislators in early 2021 and signed into law by Governor Jim Justice soon after, the West Virginia Intermediate Court of Appeals is speeding towards its July start date.

Key among the rules by which it will operate are requirements for situations in which justices must decide whether to remove themselves from a case because of the potential for bias or a personal connection to a litigant or the case."

In a year-end report, Chief Justice John Roberts emphasizes judicial ethics; NPR, December 31, 2021

ERIC MCDANIEL , NPR; In a year-end report, Chief Justice John Roberts emphasizes judicial ethics

"U.S. courts need to do more to ensure compliance with ethics rules — including rules that preclude a judge from presiding over cases in which he or she has a financial interest, Chief Justice John Roberts says in a year-end report on the federal judiciary.

Roberts was responding, in part, to an investigation by The Wall Street Journal which found that between 2010 and 2018, 131 federal judges ruled in cases involving companies in which they or their families owned shares of stock. 

Roberts said that while those amount to "less than three hundredths of one percent of the 2.5 million civil cases filed in the district courts" during that period, the federal judiciary must take the matter seriously.

"We are duty-bound to strive for 100% compliance because public trust is essential, not incidental, to our function," he wrote."

If Trump is cornered, the judges he disdains may finally bring him down; The Guardian, November 24, 2018

Walter Shapiro, The Guardian; If Trump is cornered, the judges he disdains may finally bring him down

"Concepts like democracy, a free press, due process, an independent judiciary and the rule of law are lost on Trump. As far as his understanding goes, the constitution might just as well be carved in cuneiform characters on stone tablets."

The F-word is making more frequent appearances in appellate opinions; ABA Journal, 8/29/16

Debra Cassens Weiss, ABA Journal; The F-word is making more frequent appearances in appellate opinions:

"Do you call it the F-word? Use asterisks instead of some of the letters? Substitute the word “expletive”? Or write it out in full?

Appellate opinions are more frequently choosing the last option, Law.com reports."