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(Original Signature of Member)

112TH CONGRESS1ST SESSION H. R.ll

To apply to the justices of the Supreme Court the Code of Conduct for

United States Judges, to establish certain procedures with respect to

the recusal of justices, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. MURPHY of Connecticut introduced the following bill; which was referred

to the Committee on llllllllllllll

A BILL

To apply to the justices of the Supreme Court the Code

of Conduct for United States Judges, to establish certain

procedures with respect to the recusal of justices, and

for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the Supreme Court Trans-4

parency and Disclosure Act of 2011.5

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SEC. 2. CODE OF CONDUCT.1

(a) APPLICABILITY. The Code of Conduct for2

United States Judges adopted by the Judicial Conference3

of the United States shall apply to the justices of the4

United States Supreme Court to the same extent as such5

Code applies to circuit and district judges.6

(b) ENFORCEMENT.The Judicial Conference shall7

establish procedures, modeled after the procedures set8

forth in chapter 16 of title 28, United States Code, under9

which10

(1) complaints alleging that a justice of the Su-11

preme Court has violated the Code of Conduct re-12

ferred to in subsection (a) may be filed with or iden-13

tified by the Conference;14

(2) such complaints are reviewed and inves-15

tigated by the Conference; and16

(3) further action, where appropriate, is taken17

by the Conference, with respect to such complaints.18

(c) SUBMISSION TO CONGRESS; EFFECTIVE DATE.19

(1) SUBMISSION TO CONGRESS.The Judicial20

Conference shall, not later than the 180th day after21

the date of the enactment of this Act, submit to22

Congress the procedures established under sub-23

section (b).24



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(2) EFFECTIVE DATE.Such procedures shall1

take effect upon the expiration of the 270-day period2

beginning on the date of the enactment of this Act.3

SEC. 3. RECUSAL OF JUSTICES.4

(a) DISCLOSURES BY JUSTICES.5

(1) SELF DISQUALIFICATION.In any case in6

which a justice of the Supreme Court disqualifies7

himself or herself in a proceeding under section 4558

of title 28, United States Code, the justice shall dis-9

close in the public record of the proceeding the rea-10

sons for the disqualification.11

(2) DENIAL OF DISQUALIFICATION MOTION.If12

a justice of the Supreme Court denies a motion13

brought by a party to a proceeding before the Court14

that the justice should be disqualified in the pro-15

ceeding under section 455 of such title, the justice16

shall disclose in the public record of the proceeding17

the reasons for the denial of the motion.18

(b) PROCESS FOR DETERMINING RECUSAL.The19

Judicial Conference of the United States shall establish20

a process under which, if a disqualification motion has21

been denied as described in subsection (a)(2) and the22

party making the motion seeks further review of the mo-23

tion, other justices or judges of a court of the United24

States (as defined in section 451 of title 28, United States25



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Code), among whom retired justices and senior judges eli-1

gible for assignment under section 294 of title 28, United2

States Code, may be included, shall decide whether the3

justice with respect to whom the motion is made should4

be so disqualified.5

(c) SUBMISSION TO CONGRESS; EFFECTIVE DATE.6

(1) SUBMISSION TO CONGRESS.The Judicial7

Conference shall, not later than the 180th day after8

the date of the enactment of this Act, submit to9

Congress the process established under subsection10

(b).11

(2) EFFECTIVE DATE.Such process shall take12

effect upon the expiration of the 270-day period be-13

ginning on the date of the enactment of this Act.14

(d) .15



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