John Roberts

Name: Letter from Chief Justice Roberts to Senator Durbin
Author: John Roberts

Letter from Chief Justice Roberts to Senator Durbin (2023)

Summary

“Letter from Chief Justice Roberts to Senator Durbin”, published in 2023, is a work by John Roberts. It explores elements such as recusal, the Supreme Court and the United States.

Quotes from Letter from Chief Justice Roberts to Senator Durbin (John Roberts)

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ Like lower court judges, Justices also engage in extrajudicial activities other than teaching, including speaking, writing, and lecturing on both law-related and non-legal subjects. In fact, the lower court canons encourage public engagement by judicial officers to avoid isolation from the society in which they live and to contribute to the public’s understanding of the law. But in deciding whether to speak before any group, a Justice should consider whether doing so would create an appearance of impropriety in the minds of reasonable members of the public. ”

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Source: Wikisource

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ In regard to recusal, the Justice follow the same general principles and statutory standards as other federal judges, but the application of those principles can differ due to the unique institutional setting of the Court. In some instances the Justices’ recusal standards are more restrictive than those in the lower court Code or the statute—for example, concluding that recusal is appropriate where family members served as lead counsel below. A recusal consideration uniquely present for Justices is the impairment of a full court in the event that one or more members withdraws from a case. ”

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Source: Wikisource

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ The Justices, like other federal judges, consult a wide variety of authorities to address specific ethical issues. They may turn to judicial opinions, treatises, scholarly articles, disciplinary decisions, and the historical practice of the Court and the federal judiciary. They may also seek advice from the Court’s Legal Office and from their colleagues.
In 1922, Congress instituted the Judicial Conference of the United States as an instrument to manage the lower federal courts. The Judicial Conference, which binds lower courts, does not supervise the Supreme Court. ”

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Source: Wikisource

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ There is an appearance of impropriety when an unbiased and reasonable person who is aware of all relevant facts would doubt that the Justice could fairly discharge his or her duties. Except in unusual circumstances, no such appearance will be created when a Justice speaks before a group associated with an educational institution, a bar group, or a nonprofit group that does not regularly engage in advocacy or lobbying about issues that may be implicated in cases that come before the Court. ”

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Source: Wikisource

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ But they are not themselves rules. They are far too general to be used in that manner. Still, the canons and the Judicial Conference’s Code of Conduct as a whole provide guidance to the federal judiciary.
In 1991, Members of the Court voluntarily adopted a resolution to follow the substance of the Judicial Conference Regulations. Since then Justices have followed the financial disclosure requirements and limitations on gifts, outside earned income, outside employment, and honoraria. They file the same annual financial disclosure reports as other federal judges. ”

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Source: Wikisource

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ Lower courts can freely substitute one district or circuit judge for another. The Supreme Court consists of nine Members who always sit together. Thus, Justices have a duty to sit that precludes withdrawal from a case as a matter of convenience or simply to avoid controversy. ”

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Source: Wikisource

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ Will, 449 U.S. 200, 217 (1980) (28 U.S.C. § 455 does not alter the rule of necessity) ; ABA, Model Code of Judicial Conduct § 2.11 cmt. (“The rule of necessity may override the rule of disqualification.”) . ”

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Source: Wikisource

John Roberts, Letter from Chief Justice Roberts to Senator Durbin (2023)

“ The Judicial Conference has adopted regulations for lower court federal judges relating to outside earned income, honoraria, and employment. See Guide to Judiciary Policy, Vol. 2C § 1020.20 (a) (10) . The Justices comply with the substance of those regulations. See S.Ct. Resolution (Jan. 18, 1991) . Federal Gift Statute. “ [N] o ... officer ... of the ... judicial branch shall solicit or accept anything of value from a person ... seeking official action from [or] doing business with ... the individual’s employing entity ”

John Roberts

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