Showing posts with label shaping expectations re acceptable behavior. Show all posts
Showing posts with label shaping expectations re acceptable behavior. Show all posts

Sunday, October 6, 2019

Why We Need a Code of Ethics for the Supreme Court; Time, October 1, 2019

Alicia Bannon and Johanna Kalb, Time; Why We Need a Code of Ethics for the Supreme Court

"Alicia Bannon is the co-author of Supreme Court Ethics: The Need for an Ethics Code and Additional Transparency. Bannon is the managing director of the Brennan Center’s Democracy Program and head of its Fair Courts team.

Johanna Kalb is the co-author of Supreme Court Ethics: The Need for an Ethics Code and Additional Transparency. Kalb is a fellow at the Brennan Center and associate dean and professor at Loyola University New Orleans College of Law."


"Judges are supposed to take steps to avoid even the appearance of bias or political activity. But over the last twenty years, we’ve seen Supreme Court justices engage in activities forbidden under the code of ethics for other federal judges. Members of the Court have given partisan speeches. They have failed to recuse themselves from cases with which they have apparent conflicts of interest. Some have accepted lavish gifts from people and organizations who also fund constitutional litigation...

Of course, having a code of conduct isn’t a cure-all, whether the code applies to judges, professors, or CEOs. But it’s vital for transparency and accountability. By adopting a code of ethics that is publicly available, the Court would shape expectations among judges and the public about acceptable behavior. A code would anticipate and give guidance on knotty ethical dilemmas, and also help to protect the justices against criticism for the tricky ethical decisions they make. And if the justices slip up, a code would allow them to be held accountable, by each other, in the court of public opinion and, in very rare instances, through impeachment."