LWVUS has official positions on Congress and the Presidency but lacked a formal position on the Federal Judiciary. At the 2024 LWVUS Convention, delegates overwhelmingly agreed to conduct a new national study on the Federal Judiciary. Given the immediacy of the situation, the study was intended to be completed in a shortened time frame - conducted in just one year. The final position is set to be adopted at LWVUS Council in June 2025.
The 2024-25 Federal Judiciary Study Committee
- Chair: Kimberley Fraser (District of Columbia)
- Vice Chair: Helen Hutchison (California)
- Judy Ball (West Virginia)
- Susan Hart (Texas)
- Joan Hunault (Michigan)
- Cecile Scoon (Florida)
- Nan Shuker (District of Columbia)
Scope of Study
- 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.
Research and Discussion
Background Resources
- 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
The Federal Judiciary Study (FJS) Committee has prepared a series of policy briefs on particular, specific topics designed to help spark discussion among League members as we work toward a LWVUS position on the federal judiciary.
Judicial Ethics and Enforcement Policy Brief- Financial Disclosure Policy Brief
- Judge Shopping Policy Brief
- Recusal Policy Brief
- Representation Policy Brief
- Shadow Docket Policy Brief
- Stare Decisis and Binding Precedent Policy Brief
- Structural Reforms for the Supreme Court Policy Brief
- Legitimacy and the US Supreme Court Policy Brief
Video
Consensus Meetings
Leagues will hold consensus meeting from 2/7/25- 4/14/25.
At a local consensus meeting, facilitators present consensus questions for discussion. The goal is not a majority opinion, but a consensus. Each local League submits a response to each consensus question, including comments and concerns.
Consensus Questions
LWV ABC Consensus Meeting: April 14, 2025
- Transparency is essential to an effective Federal Judiciary.
- Accountability is essential to an effective Federal Judiciary.
- Independence is essential to an effective Federal Judiciary.
- Ethics is essential to an effective Federal Judiciary.
- There should be binding universal standards of conduct for judges and Justices at all levels of the Federal courts.
- Court hearings, documents filed in the court, and rulings for all federal cases should be open and available to the public.
- There should be an effective enforcement mechanism for the Federal Judiciary code of ethics at all levels.
- 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.
- A judge or Justice’s decision and rationale to recuse or not recuse should be publicly disclosed in writing.
- 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.
- Stability of law (stare decisis) is a value that contributes to a strong democracy.
- Public perception of the Supreme Court’s legitimacy contributes to a strong democracy.
Leadership Resouces
- Discussion Prompts
- FJS Guide to the Study Consensus Process
- FJS Consensus Form (PDF) - copy of the online survey form
Position on the Federal Judiciary
Based on the results of the consensus questions, the Federal Judiciary Sudy Committee wrote the League's new Federal Judicial Position. The Federal Judiciary Position was adopted by the LWVUS Council in June 2025.
For the federal judiciary, the League supports the essential principles of:
- Transparency: Federal court documents, proceedings, and rulings, including those in “shadow docket” cases, should be open and available to the public within the bounds of the law, recognizing the need for limited exceptions, such as legally protected sensitive information.
- Accountability: Federal judges and Justices should be held legally and ethically responsible for the integrity of their actions, with enforceable consequences for violations.
- Independence: Federal judges and Justices should act in accordance with the Constitution and statutory and case law, free from the influence of the other branches of government and free from shifting popular and political opinion.
- Ethics: Federal judges and Justices should adhere to ethical standards of conduct that apply universally at all levels of the federal courts. There should be a meaningful enforcement process with judges and Justices subject to penalties for failure to comply with the standards.
Read the full Federal Judiciary Position here.
The position will be included in the next publication of Impact on Issues, published every two years.
