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Judicial Conference Declines to Make Referrals to DOJ Over Thomas, Jackson Disclosure Concerns

 January 4, 2025

The body governing the federal courts has decided not to make referrals to the Department of Justice regarding ethics complaints made against Supreme Court Justices Clarence Thomas and Ketanji Brown Jackson, amid ongoing concerns about ethical transparency within the nation's highest court.

Ethics complaints against Justices Thomas and Jackson have instead been addressed through amendments and agreements on financial disclosures, though broader concerns over Supreme Court ethics persist, as Fox News reports.

In recent months, both Justices Thomas and Jackson faced scrutiny after separate ethics complaints were filed by legislators and advocacy organizations. These complaints, which centered around discrepancies in financial disclosures and received hospitality, have caught significant public and political attention.

The U.S. Judicial Conference, responsible for overseeing judicial conduct, has opted not to forward these complaints to the DOJ. Justice Thomas faced allegations related to undisclosed free private travel and gifts from acquaintances.

Public attention was drawn to the matter following several reports from ProPublica, which documented instances of luxurious travel and accommodations that Thomas had not previously listed on his financial forms.

Justice Thomas Agrees to Amend Disclosures

Consequently, Justice Thomas agreed to adhere to updated guidelines intended to ensure clarity in the listing of such benefits. He has filed amended financial disclosures and addressed the specific issues identified by lawmakers, which particularly pointed to hospitality provided by billionaire Harlan Crow.

Democrat Sens. Sheldon Whitehouse and Ron Wyden, alongside Rep. Hank Johnson, have been vocal in demanding an investigation.

They contend that the undisclosed benefits warranted further scrutiny, citing Thomas’s additional luxury travel in 2021, which was missing from his financial documentation.

Judge Robert Conrad emphasized the complexity of the oversight, given that the Judicial Conference does not have authority over the Supreme Court's conduct. Conrad's statement highlighted the lack of clear legislative directives granting such powers, suggesting a potential constitutional conflict should such measures be imposed.

Justice Jackson Amends Financial Reports

Justice Ketanji Brown Jackson faced criticism from the advocacy group Citizens for Renewing America, led by Russ Vought. It raised concerns about the lack of transparency concerning her husband’s consultancy income on her financial reports. In response, Justice Jackson chose to modify her financial disclosures to address these concerns adequately.

Despite these resolutions, several voices in the legal community have called for more robust mechanisms to ensure accountability and ethical transparency at the Supreme Court. Senator Whitehouse remarked that the judiciary's refusal to push for further action might be seen as an avoidance of their responsibilities.

Gabe Roth, executive director of Fix the Court, stressed the need for a transparent system to investigate the justices for potential ethical infractions. He pointed out that the letters from the Judicial Conference illustrated the urgent need for legislative action to ensure accountability.

Supreme Court's Code of Ethics

Last year, in response to growing concerns about judicial ethics, the Supreme Court implemented its first formal code of conduct. This code, however, effectively leaves enforcement to the discretion of each individual justice, prompting questions about its efficacy.

Proponents argue that such informal systems are inadequate for an institution of the court's stature, with its significant impact on American law and society. The recent complaints against Justices Thomas and Jackson have only intensified calls for reform and greater oversight.

The debate over Supreme Court ethics reflects broader concerns about the separation of powers and the autonomy of the judiciary. With only one avenue for judicial accountability currently existing, experts assert that more needs to be done to address ethical issues thoroughly and transparently.

Calls for Legislative Action Intensify

As it stands, Congress has no formal process to hold Supreme Court justices accountable, raising fears about unchecked power. Roth and others continue to push for a framework that would mandate open investigations into ethical concerns related to the Supreme Court's operations.

This current scenario illustrates the friction between maintaining judicial independence and ensuring that those in the highest positions of legal authority adhere to rigorous ethical standards. As the discussions evolve, stakeholders on all sides agree that safeguarding the integrity of the Supreme Court is imperative.

Although the Judicial Conference has chosen to resolve the complaints without escalation to the DOJ, the broader discussion surrounding judicial ethics is far from over. It emphasizes the need for continual vigilance and potential reform in how Supreme Court justices manage and disclose their external engagements and financial interests.