Pappas Backs Legislation to Strengthen Federal Judicial Ethics, Calls to Establish Enforceable Supreme Court Code of Conduct

Today Congressman Chris Pappas (NH-01), who has consistently called to ban the trading of stocks by members of Congress, announced his support for the Justice is Beneficial Limitation on Investments and Necessary Disclosure Act, or Justice is BLIND Act, which would ban federal judges and Supreme Court justices, their spouses, and their dependent children from holding stocks and other financial interests unless the assets are placed in a blind trust. He also called for the Supreme Court, whose justices are not currently held to the same ethical standards as other federal judges, to adopt an enforceable code of conduct, in line with the practices of lower federal courts and the Legislative and Executive branches. 

“All public servants, including federal judges and Supreme Court Justices, have a responsibility to serve and live for the public. Even though existing law bans federal judges from doing so, at least 131 judges have presided over cases in which they had a personal financial interest. And without an enforceable code of conduct to govern their behavior, members of our Supreme Court are held to the lowest ethical standard of any branch of our federal government,” said Congressman Pappas. “To restore Americans' confidence in our government, I’m backing this legislation to ban federal judges from trading individual stocks and calling for the Supreme Court to adopt a strong code of conduct. Taken alongside legislation I’ve helped introduce that would ban Members of Congress from profiting from public service, these measures would help restore trust in our institutions and our democracy.”

For decades financial assets held by judges and justices have created significant conflicts of interest in the federal judiciary. A Wall Street Journal review of financial disclosures from 2010 to 2018 found that 131 federal judges heard cases where they had a financial interest, despite existing federal law that requires judges to recuse themselves when their legal decisions may be impacted by their personal financial interests. The Justice is BLIND Act would create a stricter, enforceable framework of requirements to encourage impartial decision-making.

Additionally, the adoption of an enforceable code of conduct by the Supreme Court Justices would ensure members of the Supreme Court are finally required to set a standard for ethical behavior, as the Executive and Legislative branches of government already do and in line with recommendations made by the American Bar Association. Supreme Court Justices are currently the only federal judges that are not explicitly bound by a code of conduct that provides guidance on the performance of their official duties and engagement in outside activities.

In January 2023, Pappas helped reintroduce the Transparent Representation Upholding Service and Trust in Congress (TRUST) Act. This legislation would require Members of Congress — as well as their spouses and dependent children — to put certain investment assets into a qualified blind trust during their entire tenure in Congress, effectively banning them from trading individual stocks.

In the 117th Congress, Pappas broke with Democratic House leadership to call for a stock trading ban to come to the floor. He cosponsored H.R. 336, the Transparent Representation Upholding Service and Trust in Congress (TRUST) Act, and H.R.1579, the Ban Conflicted Trading Act, two bipartisan bills meant to prevent members of Congress from abusing their positions and profiting from public service.