According to recent survey results, the public regard for, and confidence in, the U.S. Supreme Court is now apparently at its lowest level since the turn of the century. Just over 40% of the people surveyed had a feeling of trust in the court. There have been recent stories about justices and their family members having relationships with people who have an interest in cases before the court and with groups and associations that do. Two suggestions have been advanced that might help the situation and help restore public confidence in the top court in the land.

The chief justice was invited to appear before the Senate Judiciary Committee to discuss the issue and the need for a code of ethics or judicial conduct for the court. He has declined the opportunity, stating—apparently without debate—that only two chief justices have previously appeared before congressional committees (other than with respect to the budget and administrative matters) and that is necessary to protect the independence of the judicial branch. While we certainly agree with the importance of judicial independence, we do not recall—at least during our lifetime in times of mass communication, including social media and cable television and talk radio—such a low image of the court and public confidence in the judicial branch. Moreover, the Senate Judiciary Committee has responded with questions for the court, and a bill has been introduced in the Senate to enact a code of conduct. In our view, these circumstances require further consideration of the issue by the chief justice, particularly if he or the court do not want to have a code of ethics or code of judicial conduct imposed upon the court.

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