Collins statement on federal judiciary accountability hearing

"While I generally support the idea that the Supreme Court should have its own code of conduct, I have some concerns with the proposals the majority has put forward. Many of these concerns are specific to the function of the Supreme Court as the highest court in the land."

WASHINGTON — Rep. Doug Collins (R-Ga.), Ranking Member of the House Judiciary Committee, made the following opening statement at today’s subcommittee hearing, the "Federal Judiciary in the 21st century: Ideas for promoting ethics, accountability and transparency. Below are the remarks as prepared. Ranking Member Collins: Thank you, Chairman Johnson and Ranking Member Roby, for holding this hearing, and thank you to all our distinguished witnesses for coming to testify today. I commend this subcommittee for holding this hearing to look at ways Congress can promote ethics, accountability and transparency in the federal judiciary. The federal judiciary serves a vital role in the United States by ensuring all Americans have access to a fair and impartial system of justice. The federal judiciary has held itself to the highest standards of the legal profession, which has enabled it to serve as a pillar of our democracy. In doing so, it has built a level of institutional trust that is vital for it to continue in its role as arbiter of the most bitter disputes. In order to maintain that trust, courts must ensure they are transparent and accountable to litigants and the American people. While I generally support the idea that the Supreme Court should have its own code of conduct, I have some concerns with the proposals the majority has put forward. Many of these concerns are specific to the function of the Supreme Court as the highest court in the land. Difficult questions remain, such as who would administer the code applicable to the Supreme Court. Having the Judicial Conference enforcing the code of conduct would mean lower court judges would be evaluating the conduct of the justices. Instead of imposing our will on the court, I would like to work with the chief justice to adopt a code of conduct that accounts for the unique realities of being a Supreme Court Justice while maintaining appropriate public accountability. While increased transparency and availability of judges’ financial disclosures certainly would be a welcome improvement for judicial transparency, the unique security concerns of federal judges must be considered. Judges’ lives are constantly at risk. While it is true members of Congress and the president’s financial disclosures are posted online, federal judges face different risks. Daily, they work in close proximity to some of the most egregious offenders in our criminal justice system. The potential that a financial disclosure could put at risk a judge or their family by a disgruntled litigant is very concerning. The public disclosure of justices’ recusal explanations also could have serious unintended consequences. It could result in parties' leveraging prior explanations to benefit a current client. Proposed recusal requirements raise similar constitutional concerns. In closing, I am thankful that we are holding this hearing, and I am cautiously optimistic it will result in proposals to ensure transparency and accountability without unintended consequences.