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The Supreme Court is taking a significant step toward enhancing its ethical practices with the introduction of new software aimed at helping justices determine when they should recuse themselves from cases. This move, which was announced on Tuesday, is part of the court’s ongoing effort to address increasing ethical scrutiny.
Set to take effect on March 16, the updated court rules will now require lawyers to include the stock ticker symbols for all companies involved in their cases. This information is crucial for the new software, which is designed to identify potential conflicts of interest for the justices. “Most of the changes are designed to support operation of newly developed software that will assist in identifying potential conflicts for the Justices, and the revisions impose a number of new requirements upon filers to support the software,” the court explained in a statement.
Historically, justices have recused themselves from cases in which they hold direct stock interests or have previously been involved as judges in lower courts. However, the introduction of this software is a response to the growing demands for greater transparency and accountability, especially in light of recent investigations into the justices’ financial dealings, including book deals and relationships with wealthy individuals who have provided luxury trips.
This initiative marks a proactive approach by the Supreme Court to fortify its ethical standards and reassure the public of its commitment to impartiality and integrity in its judicial proceedings.
But the new software follows years of mounting ethics pressure on the Supreme Court that has grown with investigations into the justices’ book deals, finances and relationships with billionaires who’ve gifted luxury trips.
Lower federal judges are bound by an ethics code, but it does not directly apply to the Supreme Court.
The justices responded to pressure in 2023 by unveiling a statement of ethical principles for themselves, though the court’s critics have criticized it for not including a binding enforcement mechanism.
The statement did, however, order an examination of potential software the court could use to improve its recusal check process.
“When issuing the Code of Conduct for Justices of the Supreme Court of the United States, the Justices directed Court Officers to evaluate whether such software might be useful for the Court,” the court’s new statement reads.
“This software will be used to run automated recusal checks by comparing information about parties and attorneys in a case with lists created by each Justice’s chambers.”
Since the start of the term in October, the justices have recused more than 30 times in total, according to The Hill’s review of the court’s docket.