On Tuesday, September 24, 2024, Reuters reported that the United States Supreme Court justices and other federal judges will not be required to publicly disclose stays at personal residences owned by corporations or entities.

The U.S. Judicial Conference’s Committee on Financial Disclosure, which oversees ethics rules for judges, revised its disclosure policy on Monday. The committee said the changes were made to “clarify” what kind of gifts involving housing would fall under the category of “personal hospitality” and therefore not need to be reported.

Certain critics said the new policy weakens ethical guidelines. Donald Sherman of Citizens for Responsibility and Ethics in Washington called the rule change the “Clarence Thomas exemption.” The Supreme Court has faced increased scrutiny over undisclosed trips and gifts accepted by some justices like Thomas in recent years.

The amended rule means justices will not have to disclose instances where they received food, lodging or entertainment at an individual’s residence, even if that residence is owned by a corporate entity rather than the individual hosting. As long as the property is not regularly used as a rental and is not a commercial establishment like a hotel, those stays would be considered personal hospitality and exempt from disclosure.

In March 2023, the disclosure committee adopted stricter guidelines at the suggestion of Democratic Senator Sheldon Whitehouse which made it harder to claim a personal hospitality exemption. The previous rules said exemptions did not apply to commercial sites or gifts paid for by entities instead of the hosting individual.

Critics argue the new policy change broadens possible exemptions related to past stays accepted by Justice Thomas. This includes reported trips to a private camp owned by an entity affiliated with Republican donor Harlan Crow, where Thomas had said the stays constituted personal hospitality.

Lawyers for Thomas and Crow, as well as Supreme Court representatives, did not respond to requests for comments on the updated rule.

 

 

Source: Reuters