H.R. 3513 — Supreme Court Ethics, Recusal, and Transparency Act of 2025

This section requires the Supreme Court of the United States, within 180 days of enactment, to (1) issue a code of conduct for its justices after public notice and comment in accordance with 28 U.S.C. §2071; (2) make the code, rules established by the Counselor to the Chief Justice under 28 U.S.C. §677, and related ethics rules publicly available on its website in full-text, searchable, sortable, and downloadable format; and (3) establish complaint procedures modeled on the existing Judicial Conduct and Disability Act (28 U.S.C. §§351-364)—which provides for investigation and discipline of lower federal judges—under which any individual may file (or the Court may identify) allegations that a justice has violated the code, 28 U.S.C. §455 (disqualification of justices and judges), other federal law, or engaged in conduct undermining the Court's integrity. Such procedures must require complainants to provide a signature, specific facts, and a sworn affirmation under penalty of perjury, and restrict future filings by those submitting repetitive, harassing, or frivolous complaints. Upon receipt of a complaint, the Supreme Court must refer it to a randomly selected panel of five circuit chief judges, which conducts any necessary investigation (with authority to hold hearings, take testimony, issue subpoenas, and appoint staff), presents findings and recommendations to the Court (e.g., dismissal, discipline, or rule changes), publishes a report within 30 days if not recommending dismissal, and may publish even upon recommending dismissal if in the public interest. This section further requires the Judicial Conference of the United States to issue a code of conduct within 180 days for judges of the courts of appeals, district courts (including bankruptcy and magistrate judges), and Court of International Trade, after public notice and comment; and authorizes both the Supreme Court and Judicial Conference to modify their respective codes after similar procedures. (Thus, it creates binding ethics codes and a formal misconduct process for Supreme Court justices, which currently lack equivalents to those for lower federal judges.)

This section directs the Counselor to the Chief Justice, with the Chief Justice's approval, to establish rules governing the acceptance of gifts and the disclosure of gifts, income, or reimbursements (as defined in 5 U.S.C. §13101) received by Supreme Court justices and their law clerks. Such rules must, at minimum, require disclosure of information on gifts, income, and reimbursements to the same extent as under the Standing Rules of the Senate and the Rules of the House of Representatives and restrict gift acceptance and require written approval processes for certain gifts to the same extent as those congressional rules.

This section amends 28 U.S.C. 455, which requires federal justices, judges, magistrate judges, and bankruptcy judges to disqualify themselves where their impartiality might reasonably be questioned, to (1) add two new grounds for disqualification in subsection (b)—(A) where the justice or judge knows a party to, or affiliate of a party to, the proceeding made a lobbying contact (as defined in 2 U.S.C. 1602) or spent substantial funds supporting the justice's or judge's nomination, confirmation, or appointment, and (B) where the justice or judge, spouse, minor child, or privately held entity owned by any such person received income, a gift, or reimbursement (as defined in 5 U.S.C. 13101) from a party to, or affiliate of a party to, the proceeding during the six-year period beginning on the date of assignment to the proceeding through final disposition; (2) revise subsection (c) to require such judicial officers to ascertain their own personal and fiduciary financial interests, the personal financial interests of their spouse and minor children residing in the household, and any interests of the spouse or minor children that could be substantially affected by the proceeding; (3) limit the divestment remedy in subsection (f) to disqualifications under subsection (b)(4); (4) add subsection (g) requiring immediate notification to all parties upon learning of facts that could reasonably require disqualification; (5) make technical and conforming amendments to consistently include justices and bankruptcy judges and update related terminology; and (6) require courts to amend their rules for public website notice of disqualifications, rulings on disqualification motions under new 28 U.S.C. 1660 (as added by section 5), and explanations of reasons therefor (with redaction of sensitive information).

This section establishes a new procedure in 28 U.S.C. §1660 for parties to file timely motions to disqualify a federal justice, judge, magistrate judge, or bankruptcy judge when required by federal law, supported by a certificate of good faith and affidavit alleging sufficient facts. The subject judge must grant the motion or certify it to a reviewing panel—composed of three randomly selected judges from courts and circuits other than the subject judge's (with no more than one from the same circuit)—and stay the proceeding until final resolution. (The Supreme Court, excluding the subject justice, serves as the reviewing panel for motions against a justice.) The reviewing panel must provide the subject judge an opportunity to submit written views prior to its determination.

This section directs the Supreme Court of the United States to prescribe rules of procedure, not later than one year after enactment and in accordance with 28 U.S.C. §§2072-2074, requiring each party or amicus curiae in a proceeding before the Court to disclose in its petition or brief (1) any gift, income, or reimbursement—as those terms are defined in 5 U.S.C. §13101—provided to any justice during the two-year period beginning two years before the proceeding commences and ending on the date of final disposition, by the party or amicus (or affiliate), its lawyers or law firms, or its officers, directors, or employees; and (2) any lobbying contact or expenditure of substantial funds by any such person in support of a justice's nomination, confirmation, or appointment.

This section establishes disclosure requirements for amicus briefs filed in U.S. courts by adding a new section to 28 U.S.C. Chapter 111. It requires the filer to list in the brief the name of any person who (1) contributed to the preparation or submission of the brief, (2) contributed not less than 3% of the amicus's (or affiliate's) gross annual revenue for the previous calendar year if the amicus is not an individual, or (3) contributed more than $100,000 to the amicus (or affiliate) in the previous calendar year, with exceptions for amounts from ordinary-course commercial transactions or unrelated investments. It further directs the Director of the Administrative Office of the U.S. Courts to conduct an annual audit to ensure compliance.

This section directs the Supreme Court of the United States and the Judicial Conference of the United States to prescribe rules of procedure, in accordance with 28 U.S.C. §§ 2072-2074, prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. The Supreme Court must transmit the proposed rules to Congress not later than 180 days after the date of enactment and any additional rules pursuant to 28 U.S.C. § 2074.

This section directs the Director of the Federal Judicial Center to (1) conduct a study on federal judicial compliance with disqualification requirements under 28 U.S.C. §§144 (bias or prejudice) and 455 (appearance of partiality), with the first study due not later than 180 days after enactment and subsequent studies due by December 1 every other year thereafter; (2) maintain records of instances in which U.S. justices, judges, magistrate judges, or bankruptcy judges are not assigned to cases due to conflicts or self-disqualify after assignment; and (3) submit to Congress by April 1 of each year following study completion a report with findings and recommendations to improve compliance. It further requires the Government Accountability Office, if deemed appropriate by the Senate or House Judiciary Committee after consulting the Comptroller General, to review the methodology and findings of the Federal Judicial Center study and the judicial audit required under new 28 U.S.C. §1661 (as added by section 7 of this Act)—with the first such review due within one year of the initial Federal Judicial Center report and subsequent reviews every five years thereafter—and authorizes Government Accountability Office access to relevant records from the Federal Judicial Center, Administrative Office of the U.S. Courts, and Supreme Court.