HR 3513119th CongressIn Committee

Supreme Court Ethics, Recusal, and Transparency Act of 2025

Introduced: May 20, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Supreme Court Ethics, Recusal, and Transparency Act of 2025 would overhaul and formalize ethics rules for the Supreme Court and federal judges. It would require the Supreme Court to issue a code of conduct for justices within 180 days, and would extend a broader code of conduct for courts of appeals, district courts, and related bodies through the Judicial Conference. The bill also expands disclosure requirements (gifts, income, and lobbying) for justices and their spouses or closely related entities, strengthens disqualification rules, creates a new process and panel for reviewing disqualification motions, and imposes new transparency obligations for parties and amici (including donors and lobbying activity). It establishes new oversight mechanisms (public access to ethics materials, annual audits, and biannual or ongoing studies) and adds a framework to prevent amicus filings that would trigger disqualification. Overall, it aims to increase public accessibility to ethics rules, create formal complaint and review processes, and broaden the scope of disclosures related to the Supreme Court and related judiciary activity.

Key Points

1Codes of conduct required for justices and other federal judges
2- Supreme Court must issue a code of conduct for justices within 180 days; Judicial Conference must issue codes for judges in the courts of appeals, district courts, bankruptcy, magistrate judges, and the Court of International Trade within 180 days.
3- Public notice and comment procedures required for adopting or modifying these codes.
4Public access to ethics rules
5- The Supreme Court must publish the codes of conduct and related ethics rules online in full-text, searchable, and downloadable form.
6Complaints and investigations against justices
7- The Court must establish procedures for complaints alleging code violations, Section 455 violations, or other misconduct; procedures must require identifying information and a sworn affirmation of truth.
8- A Judicial Investigation Panel (5 judges randomly selected from circuit chiefs) would investigate complaints, issue findings, and make recommendations; findings may be published unless dismissed, with public-interest considerations guiding publication.
9- Panel powers include hearings, subpoenas, and other investigative tools; panel staff and compensation can be appointed as needed.
10Expanded restrictions and disclosures for gifts, income, and lobbying
11- Amends Section 677 to require rules on gifts, income, and reimbursements to justices and their law clerks, with disclosures aligned to Senate/House rules.
12- Section 455 expanded to require disqualification if a justice or judge knows a party or their affiliate lobbied on the case, or if funds or gifts were received from a party or affiliate within the six-year period before a ruling.
13- Additional duty to notify parties if disqualification could arise.
14New framework for reviewing disqualification motions
15- Adds a new process (Sec. 1660) to review certified motions to disqualify, including a three-judge reviewing panel, random selection, and a cap on circuit overlap.
16- Supreme Court (excluding the subject judge) serves as the ultimate reviewing body for these motions.
17Increased transparency for parties and amici
18- Within one year, the Supreme Court must require parties and amici to list gifts, income, reimbursements, and lobbying activity related to the proceeding, with look-back periods and specified thresholds.
19- Amici (friends of the court) must disclose contributors and material support to amicus briefs—thresholds include significant donor contributions or ownership stakes; annual audits of compliance are required.
20Rules governing amicus filings to avoid disqualifications
21- The Court and Judicial Conference must set rules to prohibit or strike amicus briefs that would cause disqualification, with initial rules due within 180 days and any additional rules forwarded to Congress.
22Studies and reporting
23- Federal Judicial Center must study compliance with current gift/recusal laws (Sections 144 and 455) and report to Congress; annual reports follow, with GAO conducting periodic reviews every five years.
24- The Comptroller General may access relevant records for oversight, and reports may consider methodology and findings from both compliance studies and amicus disclosure audits.

Impact Areas

Primary group/area affected- Supreme Court justices and the federal judiciary (courts of appeals, district courts, magistrate and bankruptcy judges) who would be subject to formal codes of conduct, disclosure rules, and disqualification procedures.Secondary group/area affected- Litigants, amici, attorneys, and law firms involved in federal court cases, who would face new disclosure requirements regarding gifts, income, reimbursements, and lobbying related to cases.- Donors and entities supporting amicus briefs, due to new disclosure obligations and potential limitations on participation.Additional impacts- Public transparency and trust in the judiciary through publicly accessible ethics rules and disqualification reasoning.- Administrative and budgetary implications, including staffing for the Judicial Investigation Panel, increased auditing by the AOUSC, and potential GAO oversight.- Possible constitutional or institutional pushback considerations regarding external oversight and the balance between judicial independence and accountability.Section 455: Federal statute governing when a judge must disqualify due to personal or financial interest.Section 677: Provisions related to the Counselor to the Chief Justice and ethics rules.13101 of Title 5: U.S. Code definition of gifts, income, and reimbursements.Sections 2071-2074: Procedural rules for adopting and revising federal court rules, including notice-and-comment requirements.Amici curiae: “Friends of the court” briefs filed by outside parties in a case.

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