By Manny Marotta, FTC law clerk

Fix the Court has submitted a set of proposed revisions to the American Bar Association Standing Committee on Ethics and Professional Responsibility that urge the Committee to implement crucial updates to Rules 3.13 and 3.15 of the Model Code of Judicial Conduct.

The proposed changes, which follow recent correspondence with ABA President Bill Bay, aim to expand judicial disclosure reporting and ensure ethical standards are met across all states.

While 48 out of 50 states require judges to file annual disclosure reports, Fix the Court has identified significant inconsistencies in the breadth of information required. While some states’ interpretation of Rules 3.13 and 3.15 surpass recommended disclosure requirements, many other Codes of Conduct offer minimal transparency. Idaho and Utah, notably, lack any annual disclosure mandates.

As judicial ethics at both the state and federal level come under increased public scrutiny, it’s important to hold state and federal judges accountable to disclosures that uphold transparency, integrity and public trust in the judicial system.

Key Recommendations:

1. Clarifying “Ordinary Social Hospitality”: The term “ordinary social hospitality” should be more precisely defined to ensure transparency around the types of gifts judges are exempt from reporting due to personal relationships. The new definitions draw from existing Massachusetts and California standards to promote ambiguity.

2. Disclosing Gifts and Compensation for Immediate Family Members: The revisions would require judges to disclose gifts and compensation received not only by themselves but also by their immediate family members, aligning with practices found in Kansas and Ohio.

3. Expanding Categories of Disclosure: Additional categories such as real estate, debts, and investments would be required, modeled after existing Nebraska and Kansas rules and incorporating elements of the federal Ethics in Government Act. Judges will also be required to disclose completion of continuing legal/judicial education, in line with existing Hawaii standards.

4. Adopting Federal Gift-Reporting Standards: Fix the Court proposes adopting the federal gift-reporting threshold, currently set at $480, as the standard for state-level judicial disclosures.

5. Permitted Omissions: The revised Model Rule 3.15 would clarify what types of compensation, income and benefits judges do not need to disclose, which would ensure that judges do not overreport or include outdated information.

6. Mandatory Online Posting of Disclosures: Finally, Fix the Court calls for the elimination of the words “when technically feasible” from Rule 3.15(D), which would ensure that all judicial disclosures are posted online, as federal disclosures have been since 2022.

Fix the Court believes that by aligning state rules with federal practices and providing clearer guidance, the ABA can set an example for stronger ethical standards nationwide.