New judicial ethics code says judges may speak out against ‘illegitimate’ attacks

A new federal judiciary ethics opinion clarifies that judges may publicly defend the courts (and even judicial colleagues) against “illegitimate” criticism and attacks that threaten judicial independence or the rule of law—so long as they do so in a measured way. The guidance comes amid escalating political pressure on judges, including rhetoric from President Donald Trump and allies, and it points to Chief Justice John Roberts’ recent warnings that intimidation, disinformation, threats, and defiance of court orders can qualify as illegitimate forms of attack. At the same time, the opinion stresses that judges should use caution in expressing personal views to protect public confidence in the judiciary, including when speaking in ways not intended to be publicly attributed.

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