[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 624 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. RES. 624
Expressing the sense of the House of Representatives that the justices
of the United States Supreme Court should make themselves subject to
the existing and operative ethics guidelines set out in the Code of
Conduct for United States Judges, or should promulgate their own code
of conduct.
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IN THE HOUSE OF REPRESENTATIVES
October 8, 2019
Ms. Norton submitted the following resolution; which was referred to
the Committee on the Judiciary
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RESOLUTION
Expressing the sense of the House of Representatives that the justices
of the United States Supreme Court should make themselves subject to
the existing and operative ethics guidelines set out in the Code of
Conduct for United States Judges, or should promulgate their own code
of conduct.
Whereas section 455 of title 28, United States Code, establishes the
circumstances under which any justice, judge, or magistrate judge of the
United States shall disqualify himself or herself from a case;
Whereas under chapter 16 of title 28, United States Code (relating to complaints
against judges and judicial discipline), the judicial circuits may
prescribe rules and procedures for the conduct of proceedings under that
chapter, including regarding complaint, investigative, and review
procedures for certain decisions of judges and magistrate judges of the
United States not to recuse themselves from cases;
Whereas litigants can seek legal recourse through the United States courts to
enforce section 455 of title 28, United States Code, and challenge the
disposition of the underlying case, and complainants have administrative
procedures under chapter 16 of title 28, United States Code, against a
judge or magistrate judge of the United States, but there are no
comparable enforcement mechanisms against the justices of the United
States;
Whereas the Judicial Conference of the United States adopted a Code of Conduct
for United States Judges, which uses language identical to the relevant
portion of section 455 of title 28, United States Code, that a judge or
magistrate judge of the United States must abide by when deciding
whether to recuse himself or herself from a case, but the Code does not
apply to a justice of the United States Supreme Court;
Whereas justices of the United States Supreme Court are not bound by any written
code of conduct;
Whereas justices of the United States Supreme Court each have unreviewable
authority to determine whether there is an appearance of bias, conflict
of interest, or other ethical justification sufficient for withdrawal
from hearing, partaking in deliberations in, or joining in the
resolution of, a case or controversy;
Whereas the Federal Judicial Center has concluded that ``balancing the duty to
decide'' with ``the duty to disqualify'' precludes judges from using
recusal as an excuse to shirk their duties by avoiding difficult or
unpleasant cases;
Whereas the United States Constitution vests judicial power in one Supreme
Court, and in such inferior courts as the Congress may from time to time
ordain and establish;
Whereas the separation of powers of the coordinate branches of government, as
well as the independence of the judiciary, or the appearance of
independence, may be compromised by extensive legislative or executive
interference into that branch's functions;
Whereas James Madison argued in Federalist Paper Number 10 that ``[n]o man is
allowed to be a judge in his own cause, because his interest would
certainly bias his judgment, and, not improbably, corrupt his
integrity''; and
Whereas the United States Supreme Court has acknowledged in Republican Party of
Minnesota v. White, and reiterated in Caperton v. A.T. Massey Coal Co.,
that ``[t]he citizen's respect for judgments depends . . . upon the
issuing court's absolute probity'' and that ``[j]udicial integrity is,
in consequence, a state interest of the highest order'': Now, therefore,
be it
Resolved, That it is the sense of the House of Representatives that
the justices of the United States Supreme Court should make themselves
subject to the existing and operative ethics guidelines set out in the
Code of Conduct for United States Judges, or should promulgate their
own code of conduct.
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