February 26, 2011

Judicial ethics

The fundamental principle that “no man may be a judge in his own case” was articulated by Lord Coke in the seventeenth century, yet inexplicably we still allow Supreme Court justices to be the sole judge of themselves on recusal issues.

A group of law professors, over 100 strong, are urging Congress to draft recusal rules for Supreme Court justices. The high court panelists are the only members of the federal judiciary not already subject to such a code of ethics.

Considering some recent activities by a few of the justices, it will be interesting to see where this goes.