[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5121 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5121
To amend chapter 57 of title 28, United States Code, to provide for a
code of conduct for justices and judges of the courts of the United
States, establish an Ethics Investigations Counsel, and require
disclosure of recusals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2026
Mr. Murphy (for himself, Ms. Baldwin, Mr. Durbin, Mr. Hickenlooper, Ms.
Klobuchar, Mr. Markey, Mr. Sanders, Mrs. Shaheen, Ms. Smith, Mr. Van
Hollen, Mr. Wyden, Mr. Welch, Mr. Heinrich, Mr. Schiff, and Mrs.
Gillibrand) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 57 of title 28, United States Code, to provide for a
code of conduct for justices and judges of the courts of the United
States, establish an Ethics Investigations Counsel, and require
disclosure of recusals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supreme Court Ethics Act''.
SEC. 2. CODE OF CONDUCT.
(a) In General.--Chapter 57 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 964. Code of conduct
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Judicial Conference of the United States
shall issue a code of conduct that--
``(1) applies to each judge of the courts of the United
States; and
``(2) at minimum, incorporates the requirements under
section 455.
``(b) Supreme Court.--Not later than 1 year after the date of
enactment of this section, the Supreme Court of the United States shall
issue a code of conduct that--
``(1) applies to each justice of the Supreme Court; and
``(2) at minimum, incorporates the requirements under
section 455.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 28, United States Code, is amended by adding at the
end the following:
``964. Code of conduct.''.
SEC. 3. ESTABLISHMENT OF ETHICS INVESTIGATIONS COUNSEL AND REPORTING
PROTOCOL.
(a) In General.--Not later than 90 days after the date on which the
Supreme Court of the United States issues a code of conduct under
section 964(b) of title 28, United States Code, as added by section
2(a) of this Act, the Supreme Court of the United States shall appoint
and fix the compensation of an Ethics Investigations Counsel who shall
adopt rules providing for the enforcement of the code of conduct,
including a process to receive from the public information about
potential violations of the code of conduct by justices of the Supreme
Court.
(b) Term.--The Ethics Investigation Counsel shall serve for a
renewable term of 4 years.
(c) Removal.--The Ethics Investigation Counsel may be removed for
cause by the Supreme Court of the United States.
(d) Process.--The process adopted under subsection (a) shall
include the establishment of methods for the submission of the
information described in subsection (a) in electronic form and by mail.
(e) Investigations.--The Ethics Investigations Counsel appointed
under this section shall conduct investigations into potential
violations of the code of conduct issued under section 964(b) of title
28, United States Code, as added by section 2(a) of this Act, and other
conduct prejudicial to the ethical, effective, and expeditious
administration of the business of the Supreme Court of the United
States.
(f) Assistants.--The Ethics Investigations Counsel appointed under
this section--
(1) may, with the approval of the Chief Justice of the
United States, appoint necessary assistants and fix their
compensation; and
(2) may, at the discretion of the Ethics Investigations
Counsel, retain the services of attorneys who are not employees
of the Federal Government to assist in investigations conducted
by the Ethics Investigations Counsel.
(g) Report.--The Ethics Investigations Counsel appointed under this
section shall issue an annual public report describing the information
about potential violations of the code of conduct described in
subsection (a) and any steps taken to investigate, resolve, or
rehabilitate the conduct described in the information.
SEC. 4. RECUSAL OF JUSTICES.
(a) In General.--In any case in which a justice of the Supreme
Court of the United States disqualifies himself or herself in a
proceeding under section 455 of title 28, United States Code, the
justice shall disclose in the public record of the proceeding the
reasons for the disqualification.
(b) Denial of Motion To Disqualify.--If a justice of the Supreme
Court of the United States denies a motion brought by a party to a
proceeding before the Court that the justice should be disqualified in
the proceeding under section 455 of title 28, United States Code, the
justice shall disclose in the public record of the proceeding the
reasons for the denial of the motion.
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