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Federal law prohibits the unauthorized disclosure or use of information by federal employees and provides for penalties of termination, fines, or imprisonment for unauthorized disclosure or use of information. See, e.g., 18 U.S.C. §§ 641, 1905, 2071

S.Ct. Human Resources Manual § 6.03 (Oct. 4, 2021). The Legal Office presents onset and periodic ethics training to all employees and the training addresses the Court’s confidentiality requirements and policy.^[1]

(2) The Supreme Court Law Clerk Code of Conduct.

The Law Clerk Code of Conduct provides:

The law clerk owes the appointing Justice, all other Justices, and the Court as an institution, duties of complete confidentiality, accuracy, and loyalty. Justices rely upon law clerks’ assistance in exploring issues in pending cases. Justices rely on confidentiality in discussing the performance of their judicial duties and the work of the Court, and they expect and require complete loyalty from their own law clerks and the clerks of all other Justices.

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The law clerk, like the Justices, holds a position of public trust and must comply with the demanding standards of that position.

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Separate and apart from the duty owed by each law clerk to the appointing Justice is the duty owed by each law clerk to the Court as a body. Each law clerk is in a position to receive highly confidential circulations from the Chambers of the other Justices and other Court offices. All information from all Chambers and Court offices pertaining to the work of the Court is confidential

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1. The HR Manual also states that employees must take guidance from the Code of Conduct for Judicial Employees. See id. § 6.01. That code provides that “[a] judicial employee should avoid making public comment on the merits of a pending or impending action and should require similar restraint by personnel subject to the judicial employee's direction and control.” Code of Conduct for Judicial Employees, Canon 3D(1). “A judicial employee should not use for personal gain any confidential information received in the course of official duties.” Id., Canon 3D(2). “A judicial employee should never disclose any confidential information received in the course of official duties except as required in the performance of such duties. A former judicial employee should observe the same restriction on disclosure of confidential information that applies to a current judicial employee, except as modified by the appointing authority.” Id., Canon 3D(3).