Federal Courts Decline Referral of Justice Thomas Ethics Allegations to DOJ

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The U.S. Judicial Conference announced it will not refer Supreme Court Justice Clarence Thomas to the Justice Department over allegations of ethics violations. Justice Thomas has agreed to adhere to updated rules on disclosing gifts and trips, following calls from Democratic senators for an investigation into his acceptance of luxury trips funded by wealthy benefactors, including Republican donor Harlan Crow.

Thomas has maintained that he was not required to disclose these trips due to his close personal ties with benefactors. The Supreme Court, which adopted its first ethics code in 2023, still lacks enforcement mechanisms.

Judge Robert Conrad, secretary of the Judicial Conference, stated it’s unclear if the law permits criminal referrals involving Supreme Court justices. He added that a referral is unnecessary since Democratic senators previously urged Attorney General Merrick Garland to appoint a special counsel, though no action has been announced.

Fix the Court, an advocacy group, criticized the Conference’s decision, calling for Congress to establish a transparent system to investigate judicial ethics violations.

Conrad also addressed a separate complaint from the Center for Renewing America regarding Justice Ketanji Brown Jackson’s disclosure of her husband’s consulting income. Jackson has since amended her disclosures and agreed to follow updated reporting rules.