POGO: “Members of the United States Supreme Court are among the most powerful government officials in the country. These nine individuals — who hold their positions for life — can overturn an act of Congress. Their opinions can reshape the American economy. Their decision-making can expand or restrict the rights of all Americans. The power of the Court is enormous, and Supreme Court Justices wield it without the use of force, through “mere reason.” The Court’s authority is derived from the public’s trust that its decisions will be issued without fear or favor, and from the perception that its decision-making is grounded in law and the Constitution rather than in political ideology. Read the model code of conduct – Download PDF The Supreme Court should be subject to a code of conduct that gives the public a clear barometer of whether a Justice’s conduct is within ethical bounds. Our model adapts the existing code applicable to all other federal judges to address the unique role of the Justices of the Supreme Court.But while the rule of law and the legitimacy of the judiciary depend on the impartial administration of justice, few formal standards expressly define acceptable conduct by Supreme Court Justices. Of all the country’s state and federal courts, only the Supreme Court lacks a code of conduct. Instead, existing rules found in the U.S. Code provide standards concerning financial disclosures and recusals. But this set of standards is limited. And compliance with them, along with all other decisions related to ethical conduct, is left to each Justice’s discretion. Over the years, the absence of an explicit Supreme Court code of conduct has allowed multiple ethical lapses to occur without any  repercussions, as well as the hardening of practices that elevate expedience over deliberate and transparent decision-making. On several remarkable occasions, Justices have, intentionally or not, comported themselves in a manner that raised serious questions about their impartiality. The situation has become untenable — for litigants, the Court, and our democracy. The Supreme Court should be subject to a code of conduct that addresses the unique circumstances arising in the course of service on the nation’s highest court, a code that gives the public a clear barometer of whether a Justice’s conduct is within ethical bounds.”