Page:Roberts Letter to Durbin.pdf/5




 * The Ethics in Government Act (EIGA) requires “judicial officers” to file financial disclosure reports listing outside positions, agreements, non-investment income, reimbursements, gifts, liabilities, and investments. See 5 U.S.C. § 13103(d), (f)(11). “Judicial officer” means “the Chief Justice of the United States, the Associate Justices of the Supreme Court, and the judges of the United States courts of appeals [and] United States district courts.” 5 U.S.C. 13101(10). The Judicial Conference administers the statute in the case of judicial officers, and has delegated that authority to the Committee on Financial Disclosure. See 5 U.S.C. 13102(a)(3); Guide to Judiciary Policy, Vol. 2D § 120. The Courthouse Ethics and Transparency Act, Pub. L. 117-125, 136 Stat. 1205 (May 13, 2022), requires judicial officers to file periodic transaction reports reflecting transactions in stocks, bonds, commodities futures, and other forms of securities, in addition to annual financial disclosures, and that the Administrative Office of the U.S. Courts make such reports publicly available. The EIGA also places limits on outside earned income, honoraria and employment. See 5 U.S.C. §§ 13143–44. The Judicial Conference has adopted regulations for lower court federal judges relating to outside earned income, honoraria, and employment. See Guide to Judiciary Policy, Vol. 2C § 1020.20(a)(10). The Justices comply with the substance of those regulations. See S.Ct. Resolution (Jan. 18, 1991).
 * “[N]o … officer … of the … judicial branch shall solicit or accept anything of value from a person … seeking official action from [or] doing business with … the individual’s employing entity; or … whose interests may be substantially affected by the performance or nonperformance of the individual’s official duties.” 5 U.S.C. § 7353(a). See also 5 U.S.C. § 7351 (gifts to supervisors). The Judicial Conference has promulgated gift regulations that govern lower court federal judges. See Guide to Judiciary Policy, vol. 2C § 620.20. The Justices resolved to comply with the substance of the regulations. See S.Ct. Resolution (Jan. 18, 1991).
 * The Foreign Gifts and Decorations Act prohibits an employee from accepting gifts of more than minimal value from foreign governments and imposes reporting requirements on the acceptance of such gifts. An “employee” includes an individual who is engaged in the performance of a federal function under authority of law. See 5 U.S.C. §§ 7342(a)(1)(A); 2105(a)(2); U.S. Const., art. I, § 9, cl. 8. The Judicial Conference has adopted foreign gift regulations that apply to officers of the judicial branch. See Guide to Judiciary Policy, vol. 2C § 710. The Justices resolved to comply with the statute. See S.Ct. Resolution (Jan. 15, 1993).
 * Judicial officers may not accept a gift of an honorary club membership valued at over $50 per calendar year. See Pub. L.