YCBA Board Passes Resolution on Supreme Court Code of Conduct

As President of the York County Bar Association, I write with regard to the need for the Supreme Court of the United States to finish what it has started and enact a binding, enforceable Code of Conduct for its Justices. As you know, all other Federal judges and all our judges here in Pennsylvania are bound by an enforceable Code of Conduct that clearly sets forth acceptable judicial conduct and provides enforcement mechanisms if the Code is not followed. We should expect no less from the Justices of the highest court in our country. 

On February 9, at the request of the American Bar Association, the York County Bar Association passed a Resolution calling for the United States Supreme Court to establish and enforce a binding Code of Conduct. The Code of Conduct issued by the Supreme Court on November 13, 2023, was an important first step, but it is only an aspirational statement of conduct, not an enforceable code. Every other judge in our state and throughout the country is subject to a code of conduct and defined consequences for violating prescribed conduct. Moreover, every other code of conduct and the associated enforcement rules include a process for a judge or justice to step aside in recusal and not hear a certain case where a judge or justice has an appearance of conflict of interest regarding the subject matter or the parties to a particular matter.

To strengthen public confidence in the legal system and the courts at all levels, all judges, and most importantly the Justices of our highest court, must be subject to a robust, enforceable Judicial Code of Conduct.

As leaders in the legal profession, the York County Bar Association joins with local and national bar associations, legal professionals, and citizens across the country in calling for the immediate implementation of a comprehensive, robust, and enforceable Code of Conduct for Supreme Court Justices, similar to that applicable to every other federal judge in the United States. The current lack of enforceability in the November 13, 2023, version of the Supreme Court Code of Conduct undermines public trust and respect for the Court, which in turn has a negative impact on the credibility of all courts. A letter about this action was also sent to Chief Justice Roberts and to the York Daily Record/Sunday News.

--Craig R. Milsten, President, York County Bar Association

Click to read the Resolution.