Legal and Ethical Dilemmas for SCOTUS Reporters: Balancing Journalism and Bar Rules

Legal analyst Steve Sachs argues that Adam Liptak, a member of the New York Bar and reporter for the New York Times, may have transgressed professional conduct rules by publicizing leaked Supreme Court documents.

Sachs highlights the broader ethical conflict between journalistic integrity and legal obligations. While a lawyer-journalist could resolve this tension by resigning from the bar, maintaining the license serves professional interests.

The Supreme Court maintains a list of approximately two dozen "Hard Pass Holders," many of whom are attorneys. Among them is Joan Biskupic, an inactive member of the D.C. Bar since 1997. Despite her inactive status, Biskupic remains subject to all bar rules and has built her career on publishing leaked Supreme Court documents.

Sachs questions whether Liptak, Biskupic, and others have successfully reconciled their duties to journalism with their obligations as officers of the Court—a matter worth further examination.

Anonymous Quotes from Judges: A Growing Ethical Concern

Sachs raises a related issue: the proliferation of reporters publishing "anonymous" quotations from judges. Many of these statements, he suggests, may undermine public trust in the judiciary. The anonymity implies judges fear repercussions for speaking openly, raising questions about the journalists' role in inducing such behavior.

While non-attorney reporters face no direct consequences from state bars, they must recognize that distributing such surveys may compel judges to violate their legal duties. Sachs argues that scrutiny of Supreme Court ethics should extend to media practices as well.

"So much effort is focused on scrutinizing the ethics of the Supreme Court. Similar efforts should focus on scrutinizing the ethics of the media," Sachs writes. "I've found as a general rule that reporters far prefer asking questions to answering them. Who will watch the watchmen?"

Update: Adam Liptak was admitted to the Supreme Court Bar on June 15, 1992.