US bar body steps into Supreme Court row

An organisation representing 1.4 million lawyers has stepped into an escalating controversy over the accountability of the US Supreme Court by urging it to adopt 'a binding code of judicial ethics'.

The statement, by American Bar Association president Deborah Enix-Ross, follows allegations that veteran Supreme Court Justice Clarence Thomas (pictured) received undeclared gifts from a leading conservative political donor. The Washington Post this week reported that Thomas' wife received $80,000 in consultancy fees from a conservative group a decade ago. Thomas has denied any impropriety.

The chief justice of the Supreme Court, John Roberts, last month declined to testify at a Senate judiciary committee hearing into the matter, citing the constitutional separation of powers. The Thomas affair has prompted calls for the Supreme Court to adopt an enforceable code of ethics rather than the current voluntary rules. 

In its statement, the bar association said: 'While an independent judiciary is the cornerstone of the rule of law, public support for that independence relies on public confidence in the legitimacy of the courts. People must believe judges act ethically according to standards firmly grounded in integrity and impartiality.'

Noting that the Supreme Court exercises authority over all federal courts, it continued: 'The absence of a clearly articulated, binding code of ethics for the justices of the Supreme Court imperils public confidence in our courts, which in turn undermines the legitimacy of the American judicial system.'  

The statement concluded: 'As our democratic institutions and the rule of law are under attack, we need our courts to be trusted. The Supreme Court must act and develop its own binding code of conduct.'

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