What does Preamble of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This bill aims to amend title 28, United States Code. The stated purpose is to provide for a code of conduct for justices of the Supreme Court of the United States. The bill was introduced in the Senate on May 20, 2025.

What does SHORT TITLE. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This bill is formally titled the Supreme Court Ethics, Recusal, and Transparency Act of 2025.

What does CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section amends title 28 of the United States Code to add sections 365, 366, and 367, establishing codes of conduct for Supreme Court justices and other federal judges. The Supreme Court is required to issue a code of conduct for its justices within 180 days of enactment, following public notice and comment. The Judicial Conference of the United States is required to issue a code of conduct for other federal judges within 180 days of enactment, also following public notice and comment. The Supreme Court must make the code of conduct, related rules, and resolutions publicly available on its website. The Supreme Court must establish procedures for receiving and investigating complaints alleging violations of the code of conduct or other misconduct by justices. Complaints must include a sworn affirmation stating the facts are true and form a reasonable basis to believe misconduct occurred. A judicial investigation panel, composed of five circuit chief judges, will review and investigate complaints and present findings and recommendations to the Supreme Court. The judicial investigation panel has the power to hold hearings, issue subpoenas, and take sworn testimony during investigations.

What does MINIMUM GIFT AND DISCLOSURE STANDARDS FOR JUSTICES OF THE of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section amends Title 28, United States Code. It establishes rules governing the acceptance of gifts and disclosure of income and reimbursements for Supreme Court Justices and their law clerks. The Counselor, with the Chief Justice's approval, will create these rules. The rules must require disclosure of information required by the Senate and House rules. The rules must restrict gifts and require written approval processes to the same extent as those rules.

What does CIRCUMSTANCES REQUIRING DISQUALIFICATION. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section amends Title 28, United States Code, Section 455 to establish circumstances requiring disqualification of justices, judges, magistrate judges, and bankruptcy judges. It adds criteria related to lobbying contacts and financial interests of parties and their affiliates to determine disqualification. Justices and judges are required to ascertain their own financial interests, as well as those of their spouse and minor children, that could be substantially affected by a proceeding. If a justice or judge learns of a condition potentially requiring disqualification, they must immediately notify all parties to the proceeding. The section includes technical and conforming amendments to ensure consistency in terminology across subsections. Court rules must be amended to require the publication of notices on the court's website regarding disqualifications and rulings on disqualification motions, including explanations of the reasons for disqualification.

What does REVIEW OF CERTIFIED DISQUALIFICATION MOTIONS. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section amends Chapter 111 of title 28, United States Code, by adding Section 1660 regarding the review of certified motions to disqualify. A party to a proceeding may file a motion for disqualification of a justice, judge, magistrate judge, or bankruptcy judge, accompanied by a certificate of good faith and an affidavit. The judge subject to the motion must either grant it or certify it to a reviewing panel and stay the proceeding. Reviewing panels for judges, magistrate judges, and bankruptcy judges will consist of three judges selected at random from judges of the United States who do not sit on the same court. Not more than one member of the reviewing panel can be from the same judicial circuit as the judge being reviewed. The judge subject to the motion will have an opportunity to provide written views and an explanation for not granting the motion. The Supreme Court will serve as the reviewing panel for motions seeking to disqualify a justice.

What does DISCLOSURE BY PARTIES AND AMICI. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section requires the Supreme Court to establish rules of procedure within one year of the Act's enactment. These rules mandate parties and amici to disclose gifts, income, and reimbursements received by justices. The disclosure period for gifts, income, and reimbursements extends from two years prior to the proceeding's start to its final disposition. Disclosures must include information from parties, amici, their affiliates, lawyers, law firms, and officers, directors, or employees. The rules also require disclosure of lobbying contacts and expenditures related to the nomination, confirmation, or appointment of justices.

What does AMICUS DISCLOSURE. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section amends Chapter 111 of Title 28, United States Code, by adding Section 1661 regarding disclosures related to amicus activities. Any person filing an amicus brief in a U.S. court must list individuals who contributed to the brief's preparation or submission. Disclosure is also required for those who contributed at least 3% of the amicus's gross annual revenue or over $100,000 in the previous calendar year. Certain amounts received are exempt, including those from commercial transactions or investments unrelated to amicus filing activities. The Director of the Administrative Office of the United States Courts will conduct annual audits to ensure compliance with the new section.

What does CONFLICTS RELATED TO AMICI CURIAE. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section concerns conflicts related to amicus curiae briefs. The Supreme Court and Judicial Conference are directed to prescribe rules of procedure to prevent amicus briefs that would disqualify a justice, judge, or magistrate judge. These rules must be prescribed in accordance with sections 2072 through 2074 of title 28, United States Code. The Supreme Court must transmit proposed rules to Congress within 180 days of the Act's enactment. The Supreme Court may also transmit additional rules pursuant to section 2074 of title 28, United States Code.

What does STUDIES AND REPORTS. of Supreme Court Ethics, Recusal, and Transparency Act of 2025 do?

This section mandates studies and reports regarding compliance with sections 144 and 455 of title 28, United States Code. The Director of the Federal Judicial Center must conduct a study on compliance every other year, within 180 days of enactment and thereafter. The Director must submit the study's results to Congress. The Director may request additional time for the first study submission, notifying relevant committees. The Director shall maintain a record of instances where judges were not assigned to cases due to conflicts or disqualified themselves after assignment. A report containing study findings and recommendations for improved compliance must be submitted to Congress annually. The Comptroller General of the United States may conduct a review of the study's methodology and findings, and a related audit, every 5 years, if deemed appropriate by the Judiciary Committees. The Comptroller General is authorized to obtain records from the Federal Judicial Center and the Administrative Office of the United States Courts for these reviews.

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Supreme Court Ethics, Recusal, and Transparency Act of 2025

Last updated: 5/20/2025 · Introduced: 5/20/2025

Author: Sheldon Whitehouse (D-RI)

TL;DR (AI)

This bill establishes a code of conduct for Supreme Court justices and other federal judges, requiring the Supreme Court to issue its code within 180 days of enactment and make it publicly available.
The bill mandates rules governing the acceptance of gifts and disclosure of income and reimbursements for Supreme Court Justices and their law clerks, aligning with existing Senate and House rules.
It expands circumstances requiring disqualification of justices and judges, incorporating criteria related to lobbying contacts and financial interests.
The bill creates a process for reviewing motions to disqualify judges, including a reviewing panel for Supreme Court justices composed of the Supreme Court itself.
Parties, amici, and related entities involved in Supreme Court proceedings must disclose gifts, income, reimbursements, and lobbying contacts from the two years prior to the proceeding’s start.

119th Congressin committeeHR. 3513(In Committee)Official page

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