WHEREAS, on February 6, 2023, the American Bar Association's House of Delegates approved Resolution 400, urging the Supreme Court of the United States to adopt a code of judicial ethics binding on its Justices that is comparable to the code of conduct for other United States judges adopted by the Judicial Conference of the United States;

WHEREAS, Resolution 400 further urged bar associations to adopt their own resolutions urging the Supreme Court of the United States to adopt a code of judicial ethics binding on Justices of the Supreme Court;

WHEREAS, the Code of Conduct for United States Judges (the "Code") includes the ethical canons that apply to United States circuit judges, district judges, Court of International Trade judges, Court of Federal Claims judges, bankruptcy judges, and magistrate judges;

WHEREAS, the Code does not apply to the Justices of the Supreme Court although, as noted in ABA Resolution 400, the Justices consult the Code for guidance;

WHEREAS, among other things, the Code instructs federal judges to: (1) uphold the integrity and independence of the judiciary; (2) avoid impropriety and the appearance of impropriety in all activities; (3) perform the duties of the office fairly, impartially and diligently; (4) avoid engaging in extrajudicial activities that are inconsistent with the obligations of judicial office; and (5) refrain from political activity;

WHEREAS, an independent judiciary is the cornerstone of the rule of law, and independence requires that judges on all levels conduct themselves with the highest ethical standards and comply with the laws that they are entrusted to interpret and apply;

WHEREAS, as ABA Resolution 400 provides, the actions of the Justices of the Supreme Court "shape the public's perception of all courts, all judges, and their legitimacy[,]" and "[t]he absence of a clearly articulated, binding code of ethics for the Justices of the Court imperils the legitimacy of the Court . . . and potentially imperils the legitimacy of all American courts and the American judicial system, given the Court's central role enshrined in our federal republic";

NOW, THEREFORE, BE IT RESOLVED, that the Philadelphia Bar Association supports ABA Resolution 400 and urges the Supreme Court of the United States to voluntarily adopt a code of judicial ethics binding on the Justices of the Supreme Court;

AND BE IT FURTHER RESOLVED, that, while any such code of judicial ethics adopted by the Supreme Court should be binding and not merely aspirational, the Philadelphia Bar Association takes no position on the nature or extent of any enforcement mechanism or sanctions that might attach to violations of a code of judicial ethics, as these questions are best left to the Supreme Court's own judgment and discretion; and

AND BE IT FURTHER RESOLVED, that the Chancellor shall communicate the position of the Association to other interested entities; and take whatever additional action is necessary to effectuate these Resolutions.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: August 31, 2023