X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
“Ethics inquiry ordered after Scalia flap” ["In Brief," NLJ, May 31] appears to proceed from an erroneous premise. The story states that U.S. Supreme Court Chief Justice William H. Rehnquist “ordered a study of federal judicial ethics” and links his action to the recent controversy involving Justice Antonin Scalia’s refusal to recuse himself. My understanding is that the committee’s inquiry will concern chiefly, if it is not confined to, experience under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980. That statute does not apply to justices of the Supreme Court of the United States; moreover, its intended reach (conduct harmful to the administration of justice) only partially overlaps with “judicial ethics” as commonly understood. The chief justice’s remarks upon appointing the committee specifically refer to the 1980 act and to recent criticism of its implementation by members of Congress. In any event, it is inconceivable (at least to me) that the chief justice would appoint a committee composed primarily of members of lower courts to look into the practices of the Supreme Court or its justices. There may be good reason to inquire about the recusal practices of the justices of the Supreme Court, but I do not believe that your readers should expect any recommendations on that subject from this committee. Stephen B. Burbank Philadelphia The writer is David Berger Professor for the Administration of Justice at the University of Pennsylvania Law School, was a member of the National Commission on Judicial Discipline and Removal and serves as chairman of the Judicial Independence and Accountability Task Force of the American Judicature Society.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.