New Rules of the Road: Financial Disclosure for Judges

Welcome to the May 2022 edition of our newsletter!  In this issue, we’ll examine recently enacted law concerning financial disclosures by judicial officers, and steps you can take if researching a jurist.

New Law Creates Searchable Disclosure Database, Enacts Stricter Requirements

Previously, if a researcher wanted to determine if a jurist might have a financial conflict of interest, they often had to rely upon outdated financial disclosures — which often took years between when they were submitted and when they were released – in addition to public records research of a jurist, his spouse and other associates to identify potential conflicts around an investment, employment or civic affiliation.  While the research is still an essential component, the newly signed law will more readily help researchers, litigators and members if the public determine if a conflict might exist due to a stock held by the reporting party or their family members.  Under the new law, a searchable database will be created by the end of this year, and federal judges, including Supreme Court Justices, must submit a disclosure to that database within 90 days of its submission.  This could help identify conflicts in a timely enough manner that parties could seek recusal when such a move could actually matter.

Research concerning state and county judges remains a decentralized situation.  While several non-profit groups have compiled disclosures by such judges into databases – many having been only filed on paper – the sheer volume of records makes it difficult for any one source to be comprehensive.  While most states have judicial ethics commissions which require the filing of relevant financial disclosures, record-keeping varies widely and an open records request is often required, making that a more arduous process.  In those instances, primary research about a jurist and their family is especially critical if reasons for recusal are an area of concern.