Ethical Questions About Judicial Behavior and The Erosion of Public Trust

• In Event: Judges and Courts as Governing Institutions

Abstract

“Vacations, his mother’s house, and a nephew’s tuition payments” are just a few of the gifts that billionaire Harlan Crow gave to U.S. Supreme Court Justice Clarence Thomas according to ProPublica (2023). Justice Thomas has defended these gifts because they were from his “dearest friends” and therefore, were not reportable. The questions surrounding Justice Thomas’ behavior are not unique as the behavior of judges and justices is receiving more scrutiny as public trust in the judiciary declines.

What should be the expectations for behavior of justices and judges? How are these expectations challenged in politically-charged environments? This paper examines questions of ethics, particularly conflicts of interest, and the development of ethics codes to regulate behavior in the United States (federal and state levels) as well as in other countries. The paper concludes by evaluating systems to impose judicial discipline, including impeachment.

Author

• Sara Grove, Duquesne University