H.R. 7692 — Supreme Court Ethics and Investigations Act

This section establishes an Office of Ethics Counsel within the Supreme Court of the United States, to be created by the Chief Justice and led by a chief ethics counsel (appointed by the Chief Justice; not previously employed by the Court; serving up to two 6-year terms at an annual salary of at least $225,000) who may appoint additional counsels (not previously employed by the Court; serving up to two 6-year terms at an annual salary of at least $180,000). All counsels must be licensed attorneys with at least five years of practice, possess exceptional qualifications as determined by the Chief Justice, and may be terminated only for cause. The office advises justices and their spouses on judicial ethics matters, including (1) financial disclosure requirements; (2) acceptance of gifts (defined broadly to include gratuities, favors, entertainment, hospitality, loans, services, training, transportation, lodging, and meals); (3) political activity (e.g., paid speaking events, fundraisers, donations, or endorsements); (4) conflicts of interest and recusal; and (5) unauthorized disclosure of official Court documents. The office must provide biannual ethics training to each justice and submit annual reports to the House and Senate Judiciary Committees detailing advice given (e.g., number of inquiries by justices or employees; topics covered such as gifts, disclosures, nonpublic information, and political activity; recommended mitigations such as recusal, divestiture, or resignation; and known instances of non-compliance). This section also makes a conforming amendment to the table of contents for chapter 45 of title 28, United States Code.

This section establishes within the Supreme Court an Office of Investigative Counsel, to be created by the Chief Justice and consisting of one Chief Investigative Counsel and at least two additional investigative counsels, to review and investigate ethics complaints against justices arising from their actions or those of their spouses and dependents. The Chief Investigative Counsel is appointed by the Chief Justice to a single 6-year term at an annual salary of at least $225,000 (terminable only for cause), must have at least 7 years of attorney experience and exceptional qualifications, and possesses subpoena authority enforceable by U.S. district courts; additional counsels are appointed by the Chief Investigative Counsel at an annual salary of at least $180,000 (with similar qualifications) and serve at the Chief's pleasure. Ethics complaints may be filed only by specified congressional leaders (i.e., chair or ranking minority member of the House or Senate Judiciary Committee, Senate Majority or Minority Leader, or House Speaker or Minority Leader); the office must review each within 60 days to assess appropriateness of a full investigation (considering violations of the Supreme Court Code of Conduct, Judicial Code of Conduct, or applicable law) and respond regardless, commencing any investigation within 15 days if warranted; and the office must report findings and recommendations (including violations by the justice, spouse, or dependent, and actions such as recusal or divestment) to the Chief Justice or, if the Chief Justice is the subject, the most senior associate justice.

This section establishes a severability clause stating that if any provision of the Act, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its application to other persons or circumstances shall not be affected.