Although most of our judges are beyond reproach, there still remain cases of judicial misconduct. Judicial misconduct occurs when a judge acts in a way that is unethical or violates the judge's obligations of impartiality. From 2008 to 2019, there were more than 5,000 cases in which judges resigned, retired or were publicly disciplined following accusations of misconduct. Unlike all other federal judges, Supreme Court Justices are not bound by a code of ethics. Most believe transparency and ethics are vital to the integrity of the judiciary and keeping the public’s trust in our courts – particularly as attacks on judicial independence and the rule of law have become more common. Critics say that, given the historic misdeeds of our judicial system, we must take steps to ensure that faith in our democracy and governmental institutions can only be strengthened by increased transparency and accountability from every branch of government.

Advocates claim that, for decades, it has been apparent the federal judiciary operates with too much secrecy and too little transparency, while endangering the public’s confidence in the impartiality of judges and justices. They say the Supreme Court needs to abide by a code of conduct, require every level of the judiciary to better account for conflicts of interest, and increase the public’s ability to access court records.

Proposed Legislation: H.R.6017 - Twenty-First Century Courts Act (116th Congress)
Prospective Sponsor: Rep. Henry “Hank” Johnson (GA)

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