An ethics opinion drafted by the Committee on Codes of Conduct of the U.S. Judicial Conference in January 2020 states that federal judges should refrain from becoming formally affiliated—either through membership or leadership roles—with the conservative Federalist Society and the liberal American Constitution Society. Societies
The committee reached this conclusion finding that such affiliation is inconsistent with Canons 1, 2, 4, and 5 of the Code of Judicial Conduct (CJC) as it raises questions about the judges’ impartiality. In other words, affiliation may cause a reasonable person to believe that a judge endorses one partisan ideology over another. Such belief generally diminishes public trust in the independence and integrity of the judiciary.
However, membership in the American Bar Association’s judicial division does not necessarily raise the same questions. Nevertheless, judges must remain vigilant in monitoring the ABA judicial division’s activities so that their actions do not end up running afoul of the CJC. In some circumstances, the ABA may take a position that could “call the affiliated judge’s impartiality into question and necessitate recusal in a given matter.”
The opinion clarifies that judges may continue to accept speaking engagements with the Federalist Society, the American Constitution Society, and the ABA because speaking at an event does not translate to the judge’s endorsement of the ideology espoused by a particular organization. However, in doing so, judges must remain cognizant of their public comments and refrain from making statements that would call their impartiality into question.
Further, the opinion advised that these new guidelines should not call the impartiality of judges formerly affiliated with these organizations into question.
You can read the full draft opinion here.
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