S. 5121

119 S5121 IS: Supreme Court Ethics Act
 U.S. Senate
 2026-07-23
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 5121  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.
1.
Short title
This Act may be cited as the   Supreme Court Ethics Act  .
2.
Code of conduct
(a)
In general
 Chapter 57  of title 28, United States Code, is amended by adding at the end the following:
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.
  .
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.
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.