states that “a court of appeals may prohibit the filing of or may strike an amicus brief that would result in a judge’s disqualification.”
Canon 4 reflects the principle that Justices, like all judges, are encouraged to engage in extrajudicial activities as long as independence and impartiality are not compromised. Justices are uniquely qualified to engage in judicial activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching, or participating in scholarly research projects. Justices are also encouraged to engage in educational, religious, charitable, fraternal, or civic extracurricular activities not conducted for profit, even when those activities do not relate to the law. Participation in both law-related and other judicial activities helps integrate Justices into their communities and furthers public understanding of and respect for the judicial system.
Canon 4G clarifies that a Justice “should not to any substantial degree use judicial chambers, resources, or staff to engage in activities that do not materially support official functions or other activities permitted under these Canons.” This provision recognizes the distinctive security concerns that the Justices face as high-profile public figures and allows the Justices to accept comprehensive security protection. See 40 U.S.C. § 6121(a)(2)(A) (authorizing the Supreme Court Police to protect the Justices when they are not performing official duties). It also allows Court officials and chambers staff to perform their official duties in enhancing security and providing legal, ethics, and other appropriate assistance to the Justices in light of the high public interest in the Justices’ activities and the acute security concerns that are distinct from such concerns for lower court judges. And, consistent with historic practice, chambers personnel including law clerks may assist Justices with speeches, law review articles, and other activities described in Canon 4.
Canon 4D(3) and 4H articulate the practice formalized in 1991 of individual Justices following the financial disclosure requirements and limitations on gifts, outside earned income, outside employment, and honoraria. Justices file the same annual financial disclosure reports as other federal judges. Those reports disclose, among other things, the Justices’ nongovernmental income, investments, gifts, and reimbursements from third parties. For purposes of sound judicial administration, the Justices file those reports through the Judicial Conference Committee on Financial Disclosure.
In regard to the financial disclosure requirements relating to teaching and outside earned income, a Justice may not accept compensation for an appearance or a speech, but may be paid for “teaching a course of study at an accredited educational institution or participating in an educational program of any duration that is sponsored by such an institution and is part of its educational offering.” 2C Guide to Judicial Policy § 1020.35(b) (2010). Associate Justices must receive prior approval from the Chief Justice to receive
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