NYCBA Speaks Out against Supreme Court Ethical Lapses

Based in New York City, Dyan Gershman leads Gershman Law, PLLC, delivering counsel in wide-ranging corporate and international legal matters, from mergers and acquisitions, to intellectual property licensing, to contract negotiations. Active with the New York City Bar Association (NYCBA), Dyan Gershman follows developments in the legal sphere.

In August 2023, the NYCBA issued a statement that reflected the urgency of addressing rapidly falling levels of public trust in the US Supreme Court. With recent polling showing strong and persistent political divisions, public approval of the Supreme Court has reached an all-time low. Yet the legal body continues to be held as an impartial arbiter of the law, tasked with transcending politicized lower courts in delivering fair and thoughtful decisions.

Unfortunately, significant concerns have emerged regarding the ethical conduct of specific justices, including the potential receipt of extravagant accommodations, gifts, vacations, real estate, and other forms of benefits. These benefits were not publicly reported, as is required under federal disclosure laws. More than the ethical lapses, the NYCBA is also concerned about potential conflicts of interest that easily arise in cases related to accepting such large gifts.

In spite of these weighty ethical concerns, instances of recusals, where justices abstain from participating in decisions, continue to be exceedingly infrequent. The breach of expected behavioral norms for public office holders has led to what the NYCBA describes as an "appearance of ethical impropriety." Allowing the situation to fester instead of addressing it has delivered a blow to the reputation of the highest court in the nation.