The Judiciary Has Policed Itself for Decades. It Doesn’t Work.

Brett Murphy and Kirsten Berg, ProPublica, The Judiciary Has Policed Itself for Decades. It Doesn’t Work. The secretive Judicial Conference is tasked with self-governance. The group, led by the Supreme Court’s chief justice, has spent decades preserving perks, defending judges, and thwarting outside oversight. Wednesday, 13 December 2023: “For decades, judges have relied on a select group to make sure the judiciary adheres to the highest ethical standards: themselves. The Judicial Conference, a secretive, century-old council of federal judges led by the chief justice of the Supreme Court, oversees the ethics and financial disclosures for more than 1,700 federal judges, including the nine justices of the high court. Those financial disclosures, submitted yearly as a list of assets and gifts, are often the only window into whether judges with lifetime appointments have conflicts of interest as they rule on the country’s most consequential legal cases. The judiciary’s leaders argue that the conference has been an effective watchdog over America’s third branch of government. The conference’s authority plays an important role in judicial controversies and has been at the center of some defenses of the court following ProPublica’s reporting on possible ethical breaches. With its ‘sound structure of self-governance,’ Chief Justice John Roberts wrote in 2021, ‘the Judicial Conference has been an enduring success.’ In reality, the Judicial Conference has instead often protected, not policed, the judiciary, according to interviews and previously undisclosed internal documents. For decades, conference officials have repeatedly worked to preserve judges’ most coveted perks while thwarting congressional oversight and targeting ‘disloyal’ figures in the judiciary who argued for reforms.”