Ethics
Federal judges may address ‘illegitimate forms of criticism and attacks,’ according to new ethics opinion
The Committee on Codes of Conduct, which advises the Judicial Conference of the United States, has issued an ethics opinion offering guidance on addressing “illegitimate forms of criticism and attacks.” (Photo illustration by Sara Wadford/Shutterstock)
While federal judges can publicly oppose the “persecution of lawyers and judges,” they need to “favor reasoned discourse and respectful language over demeaning rhetoric or acerbic criticism” when speaking about public controversies or commenting on legal issues, according to the Committee on Codes of Conduct, which advises the Judicial Conference of the United States.
In its new advisory opinion, which was published Thursday, the committee focused on ethical considerations related to the public speech and civic engagement of judges. According to Law360, its release coincides with increasing criticism of federal law enforcement agencies by the judiciary.
This opinion and previous guidance “leave room, in at least some circumstances, for the measured defense of judicial colleagues from illegitimate forms of criticism and attacks that risk undermining judicial independence or the rule of law, whether or not they rise to the level of persecution,” the committee says. It also notes that judges can make “public statements about the need for judicial security,” which are in line with judicial duties.
Judges may also “speak or write about the independence of the judiciary, or advocate for the rule of law in general, including why both values are crucial to our system of government,” the committee says.
However, the committee advises the judiciary that civic engagement activities in which they can retain “a measure of control” may “create less ethical risk.” It refers to writings and public statements as potentially risky activities.
“With respect to some particularly controversial topics, judges should be mindful that simply addressing certain topics might be viewed as taking a partisan position or reflecting a lack of impartiality,” the committee says.
Write a letter to the editor, share a story tip or update, or report an error.
