At the 2024 LWVUS Convention, Leagues overwhelmingly agreed to conduct a new national study on the Federal Judiciary. The study will be completed in a shortened time frame — conducted in just one year, with the final position set to be announced at LWVUS Council in June 2025.
A Committee has been appointed and will be led by Kimberley Fraser (DC), LWVEF trustee. The Committee also includes Helen Hutchison (CA), Cecile Scoon (FL), Judy Ball (WV), Joan Hunault (MI), Susan Hart (TX), and Nan Shuker (DC).
Scope
- To develop a LWV position on the Federal Judiciary as an essential component of US democracy.
- The study's purpose includes, but is not limited to, addressing concerns and clarifying judicial accountability, transparency, independence, and ethics.
- The scope addresses the Supreme Court as well as the other Article III federal courts.
LEAGUES HOLD MEETINGS FROM 2/7/25- 4/14/25
APRIL
CONSENSUS SUBMISSION DEADLINE FOR LEAGUES 4/14/25
To participate in the study, you must be a member of the LWV.
Preliminary Background Information:
Added 11/18/2024
Understanding Federal Courts: This publication is from the Administrative Office of the United States Courts. It provides an introduction to the federal justice system, including how it is organized and how it relates to the legislative and administrative branches of government.
U.S Code of Conduct for U.S. Judges: This document includes the ethical principles that apply to federal judges and provides guidance on 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.
Policy Briefs
Added 1/16/2025, Updated 3/7/2025
The Federal Judiciary Study Committee has prepared a series of briefs on particular, specific topics designed to help spark discussion among League members as we work toward a LWVUS position on the federal judiciary.
Financial Disclosure
Legitimacy and the US Supreme Court
Key Terms for the Federal Judiciary Study
Shadow Docket
Stare Decisis and Binding Precedent
Federal Judiciary Study Town Hall
The Consensus Questions
“Consensus” is the League of Women Voters standard. Before taking a position, and then lobbying for it, League members meet for a “consensus” discussion. “Facilitators” will present consensus questions, offering pro and con and tangential takes on the question. Discussion will follow. The goal is not a majority opinion, but a consensus.
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.
6. Court hearings, documents filed in the court, and rulings for all federal cases should be open and available to the public.
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 would believe 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.
