Federal courts will not make criminal referrals to DOJ over separate ethics complaints against Justice Thomas
Separate ethics complaints have been filed against Supreme Court Justices Clarence Thomas and Ketanji Brown Jackson by members of Congress and an advocacy group. However, federal court officials have announced that these complaints will not be referred to the Justice Department.
The U.S. Judicial Conference revealed that Justice Thomas has agreed to adhere to updated guidelines regarding the disclosure of free private travel and gifts from friends. This decision comes after reports surfaced about undisclosed hospitality provided to Thomas over the years. On the other hand, Justice Jackson has amended her financial disclosures in response to complaints about her husband’s consulting income as a physician.
Democratic lawmakers, including Senators Sheldon Whitehouse, Ron Wyden, and Representative Hank Johnson, had called for an investigation into undisclosed hospitality provided to Thomas by billionaire friend Harland Crow. The Judicial Conference, led by Judge Robert Conrad, stated in letters to the lawmakers that Thomas has addressed several issues identified in their complaints. However, Conrad mentioned that the judiciary may not have the authority to make criminal referrals against a sitting Supreme Court justice.
Attorney General Merrick Garland has been urged by Whitehouse and Wyden to appoint a special counsel to investigate former President Trump, but no action has been taken yet. Whitehouse criticized the Judicial Conference’s decision, accusing the judicial branch of neglecting its duty to hold a Supreme Court justice accountable for ethics violations.
The complaint against Justice Jackson was filed by Citizens for Renewing America, led by Russ Vought. Questions surrounding ethics, including unreported private travel by some justices, prompted the court to adopt its first code of ethics last year. However, the enforcement of these standards is left to each individual justice, leading to concerns about the court’s commitment to ethical practices.
A recent investigation by Senate Democrats revealed that Justice Thomas did not disclose additional luxury travel in 2021 on his annual financial disclosure form. Fix the Court, an organization advocating for judicial transparency, called on Congress to create a transparent mechanism to investigate justices for ethics violations. Executive Director Gabe Roth emphasized the need for a new system to hold the justices accountable for ethical misconduct.
In conclusion, the issues surrounding ethics complaints against Supreme Court justices highlight the importance of transparency and accountability within the judicial system. It remains to be seen how Congress will address these concerns and ensure that ethical standards are upheld within the highest court in the land.
