- 402, § 2(b), 122 Stat. 4254 (Oct. 13, 2008). “Judicial officer” means the Justices and lower federal court judges. Id. § 2(a)(2); 5 U.S.C. § 13101(10). The Justices comply with the statute.
- Federal Recusal Statute. 28 U.S.C. § 455 provides recusal standards for “justice[s] [and] judge[s] … of the United States.” The Chief Justice has stated that “the limits of Congress’s power to require recusal have never been tested. The Justices follow the same general principles as other federal judges, but the application of those principles can differ due to the unique circumstances of the Supreme Court.” C.J. Roberts 2011 Year-End Rpt. at 7. First, there is no higher court to review the Justices’ recusal decisions. Second, because recused Justices cannot be replaced, a Justice cannot withdraw from a case as a matter of convenience or simply to avoid controversy. In 1993, a Statement of Recusal Policy addressed recusal issues where members of a Justice’s family were practicing attorneys. See Statement of Recusal Policy (Nov. 1, 1993).
- Code of Conduct for U.S. Judges. The Code of Conduct for U.S. Judges applies by its terms only to lower court federal judges. See Code of Conduct for U.S. Judges, Introduction. The Court nonetheless takes guidance from the Code.
- IPO Purchases and Discussions with Prospective Private Employers. The Stop Trading On Congressional Knowledge Act of 2012, Pub. L. 112-105, §§ 12, 17, 126 Stat. 291 (Apr. 4, 2012), provides that Justices and lower court federal judges may not “purchase securities that are the subject of an initial public offering … in any manner other than is available to members of the public generally.” Pub. L. 112-105 § 12. The Act also provides that Justices and lower court judges who are negotiating agreements with private entities for post-judicial employment or compensation, or who have made such agreements, must file statements with the individual’s supervising ethics office within three days that include “the name of the private entity or entities involved in such negotiations or agreement, and the date such negotiations or agreement commenced.” Id. § 17. The Justices follow the statute.
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