New ethics guidance for the federal judiciary specifies judges may, in appropriate circumstances, publicly respond to “illegitimate forms of criticism and attacks,” signaling that measured defense of the courts can be consistent with the Code of Conduct.
The advisory cites the 2024 year-end report by Chief Justice John Roberts. It highlighted judicial independence and identified violence, intimidation, disinformation and threats to defy court orders as improper attacks. Roberts also stated last year, amid calls to impeach a federal judge over a ruling involving President Donald Trump’s immigration initiative, that impeachment is not the right way to respond to a judge’s decision.
While the guidance does not reference the current political climate, the opinion comes as judges have faced heightened criticism and threats, and in recent decisions, members of the federal bench have warned of the risk of undermining the separation of powers.