Supreme Court adopts code of conduct but has no enforcement mechanism

The Supreme Court announced Monday, Nov. 13, that it has formally adopted a new code of conduct amid scrutiny over alleged ethical lapses, including justices accepting luxury vacations and high-end gifts and using taxpayer-funded staff to promote a book, though critics note the ethics code did not come with a plan of enforcement.

All nine justices signed the code, which said they should “avoid impropriety and the appearance of impropriety” in their actions on and off the bench.

According to a statement from the court, the rules outlined in the newly published code are not new, but are now documented to clear the misconception that the court has no such code.

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“The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules,” the statement said. “To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct.”

While the code does not restrict gifts or travel specifically, it does caution the justices should not take part in activities that “detract from the dignity” of their office or “reflect adversely to their impartiality.” The code says, “A justice should not allow family, social, political, financial, or other relationships to influence official conduct or judgment.”

Having the code is aimed to dispel any misunderstandings that the justices have been operating “unrestricted.” Senate Majority Leader Chuck Schumer, D-N.Y., calls the code of conduct “an important first step” but said the lack of any way to enforce it is a “glaring omission.”