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Quote of the Day
Tuesday, July 30th, 2013
Robert Wechsler
"The code of conduct guiding U.S. judges is not technically binding on Supreme Court justices. But we choose to follow it. The Judicial Conference [of the United States] has a committee on judicial ethics that will give advisory opinions to judges who have questions about whether something is ethical. I always check with that committee. ... [An example of a question, answer, and handling of the situation.] ... that’s an example of how I’m insulated by that committee."
—U.S. Supreme Court Justice Ruth Bader Ginsburg, from an interview in yesterday's Chautauquan (NY) Daily. What's wonderful about what Justice Ginsburg said is (1) she follows ethics rules she is not legally bound by, (2) she seeks (and values) ethics advice even though she doesn't have to, (3) the ability to seek independent, professional advice makes her feel "insulated," that is, protected from making mistakes regarding the handling of conflicts of interest, and (4) she recognizes that she is capable of making such mistakes.
What Justice Ginsburg said sums up the value for local officials of having an ethics officer. Like Justice Ginsburg, when a local official does not have one, she can seek one out even though it is not required and even though the ethics officer has no jurisdiction over the official.
If local officials were to go to the state ethics commission or to another city or county's ethics officer, not only would they not engage in ethical misconduct, but they would recognize the value of seeking ethics advice (that wonderful "insulation") and, eventually, ethics officers would start insisting that the officials' jurisdiction hire its own ethics officer or pay for the service. And this might actually occur.
Also see a 2011 blog post on Justice Ginsburg's valuable statements about ethics training and advice in a dissent opinion.
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