Washington, D.C. – Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY) released the following statement at a Subcommittee on Courts, Intellectual Property and the Internet hearing on “The Federal Judiciary in the 21st Century: Ideas for Promoting Ethics, Accountability, and Transparency”:

“Thank you, Mr. Chairman, for holding this important hearing today.  The federal judiciary is a pillar of our nation’s government; an institution nearly synonymous with upholding the rule of law.  When Congress, as a co-equal branch, conducts oversight of the courts with hearings such as this one, it is with the following goal in mind:  to promote and protect this vital institution in order to safeguard judicial independence and maintain public confidence in our courts.  Our federal judiciary is the envy of the world, and Congress has an interest in ensuring that this hard-earned reputation is maintained.

“Today’s hearing is part of that process.  As the hearing title suggests, we are considering what is appropriate for a judiciary in the 21^st century.  Now that we are squarely situated in the information age—in which we are accustomed to accessing practically any information with the click of a button—we should ask whether there needs to be greater transparency with respect to information regarding the federal judiciary.

“For example, should we require that judges’ financial disclosure forms, which could indicate potential conflicts of interest, be more easily accessible?  And what sort of public disclosure should be made when a judge chooses not to recuse him or herself from a case?  These questions go to the heart of ensuring that the public’s trust in the judiciary remains strong.

“Similarly, a key question for today’s hearing is what, if anything, can Congress and the courts do to reinforce the judiciary’s commitment to ethical conduct?  What can we do to ensure that every judge’s and every court’s decisions regarding ethics and recusal are transparently made and procedurally fair?  What can we do to make sure those decisions are understandable and accessible to the public?

“On this front, I am glad to say that there seems to be some bipartisan commitment toward further action.  Last Congress, the Judiciary Committee passed by voice vote the Judiciary ROOM Act, which included a provision requiring the Judicial Conference to develop a code of conduct that would apply to all federal judges, including Supreme Court justices.  This Congress, two bills, H.R. 1, the ‘For the People Act,’ and H.R. 1057, the ‘Supreme Court Ethics Act of 2019,’ introduced by my colleague Chairman Johnson, include an identical provision.

“The ROOM Act also included a provision requiring the Supreme Court to post a short online explanation when a Justice recuses her- or himself from a case.  I am interested to hear the views of our witnesses on that provision.

“And I hope a future hearing will examine proposals to increase public access to the courts, such as the ‘Electronic Court Records Reform Act,’ which Ranking Member Collins has introduced, or legislation to make court proceedings publicly accessible by live or same day audio or video along the lines of the ‘Eyes on the Courts Act,’ which I have introduced in prior years.

“While I am interested in seeing what can be done to strengthen the courts, make no mistake that I respect the difficult and important job that all federal judges and justices perform every day.  Reckless, sustained attacks on the integrity and legitimacy of individual judges have become all too common.  Physical threats against federal judges and other court officers have dramatically increased, as well.

“We cannot ignore these realities.  As both branches consider how to ensure that the judicial branch keeps pace with our evolving standards for transparency and accountability in a modern democracy, we must be mindful of the safety of our judges and the women and men who assist the courts in fulfilling their responsibilities.

“Historically, our two branches have worked together to try to arrive at an appropriate approach to the difficult issue of balancing transparency and other concerns such as safety.  I hope we can continue that dialogue in light of the changing times.  To that end, I look forward to hearing from all of our distinguished witnesses on these important topics.

“Thank you, Mr. Chairman, and I yield back the balance of my time.”

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