The goal of this study is:
To develop a LWV position on the Federal Judiciary as an essential component of US democracy. The Study includes but is not limited to addressing concerns and clarifying judicial accountability, transparency, independence, and ethics. The scope addresses the US Supreme Court and the other Article III federal courts.
The other Article III federal courts include 94 federal district courts (which include bankruptcy courts), and 13 circuit courts of appeals. Other parts of the federal government's Judicial Branch include ancillary agencies such as the Administrative Office of the US Courts, the Federal Judicial Center, and the US Sentencing Commission. There are also specialized courts such as Immigration Courts, the Tax Court, and administrative courts in various Executive Branch agencies. While these are federal courts, they are NOT part of the Article III courts and thus are outside this study's scope. The scope of this study focuses on the US Supreme Court and the other Article III federal courts to allow for a relatively quick but thorough, modernized study and adoption of a LWVUS position that is appropriate for years to come.
We will discuss and reach a consensus on the following questions:
1. Transparency is essential to an effective Federal Judiciary.
2. Accountability is essential to an effective Federal Judiciary.
3. Independence is essential to an effective Federal Judiciary.
4. Ethics is essential to an effective Federal Judiciary.
5. There should be binding universal standards of conduct for judges and Justices at all levels of the Federal courts.
7. There should be an effective enforcement mechanism for the Federal Judiciary code of ethics at all levels.
8. An enforcement mechanism should include a process to require a judge or Justice to recuse him or herself when a reasonable litigant believes that the judge or Justice has a bias against any party or an issue raised in the case.
9. A judge or Justice’s decision and rationale to recuse or not recuse should be publicly disclosed in writing.
10. Federal judges and Justices should be subject to rigorous financial disclosure requirements, enforcement, and penalties for all financial benefits, including but not limited to income, gifts, paid speaking engagements, and book deals.
11. Stability of law (stare decisis) is a value that contributes to a strong democracy.
12. Public perception of the Supreme Court’s legitimacy contributes to a strong democracy.
At the LWVUS 2024 Convention, delegates voted to proceed with a study on the federal judiciary. The study will be completed on a fast-track timeline for a position to be announced at the LWVUS 2025 Council in June 2025.
Study Resources
Preliminary Background Information
Understanding Federal Courts: This publication from the Administrative Office of the United States Courts introduces the federal justice system, including how it is organized and how it relates to the legislative and administrative branches of government.
US Code of Conduct for U.S. Judges: This document includes the ethical principles that apply to federal judges and guides the official duties and engagements related to outside activities for federal judges.
Congressional Research Service Paper, The Supreme Court Adopts a Code of Conduct: This document was published following the announcement of the US Supreme Court's adoption of the Code of Conduct and provides a legal sidebar with background information on federal judicial ethics rules before the adoption of the code and briefly outlines the substance of the code adopted.
RECORDING February 4, 2025, National Town Hall on the Federal Judiciary
LWVUS hosted a town hall with experts on the federal judiciary. Panelists included Alicia Bannon from the Brennan Center, Thomas Berry from the CATO Institute, and Erinn Martin from NVG LLC. You can view the recording of this YouTube at the link below.
RECORDING Federal Judiciary Study Kickoff Webinar, November 20, 2024
Join the Federal Judiciary Study Committee to discuss the scope and timeline. We will be sharing materials about the study content and the study process with Leagues.
