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Center for Public Integrity Study on State Supreme Court Disclosure Requirements
In December 2013, the Center for Public Integrity released a study on disclosure requirements for state supreme court judges. Analysts from the Center reviewed the rules governing financial disclosure in each of the 50 states and the District of Columbia, as well as personal financial disclosures for the past three years. The center conducted the study in part because "little attention has been paid to the personal finances of the 335 judges in the state courts of last resort and how those holdings may influence decisions handed down from the bench."[1]
Summary of findings
Utilizing a grading system derived from a somewhat more stringent variation on the disclosure requirements for federal judges, the study found that 42 states and Washington D.C. received failing grades. Judges in three states -- Utah, Montana and Idaho -- are not required to file disclosure reports at all. Furthermore, 12 states employ self-policing disciplinary bodies comprised of the justices themselves to enforce ethical rules for the courts.[1]
Due in part to these lax disclosure standards, the study found 35 instances of questionable gifts, investments overlapping with caseloads and similar potential ethical quandaries. The study also noted 14 cases in which justices participated although they or their spouses held stock in the company involved in the litigation. Of the 273 state supreme court justices required to disclose stock holdings, 107 reported that they owned stock.[1]
Highest disclosure scores
| Ten states with highest disclosure scores | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Non-investment income score (20) | Investments score (20) | Gifts/reimbursements score (20) | Liabilities score (20) | Accountability score (10) | Accessibility score (10) | Total points (100) | Grade |
| California | 15 | 15 | 10 | 17 | 10 | 10 | 77 | C |
| Maryland | 20 | 15 | 10 | 20 | 5 | 2.5 | 72.5 | C |
| Washington | 15 | 10 | 10 | 17 | 10 | 5 | 67 | D |
| Massachusetts | 20 | 5 | 15.5 | 11 | 10 | 5 | 66.5 | D |
| Illinois | 15 | 7.5 | 14 | 11 | 10 | 7.5 | 65 | D |
| Hawaii | 15 | 12.5 | 8.5 | 11 | 5 | 10 | 62 | D |
| Colorado | 20 | 5 | 10 | 8 | 10 | 7.5 | 60.5 | D |
| Pennsylvania | 15 | 5 | 17 | 8 | 10 | 5 | 60 | D |
| Arkansas | 15 | 5.625 | 15 | 4 | 10 | 10 | 59.6 | F |
| Alaska | 15 | 7.5 | 12.75 | 8 | 10 | 5 | 58.3 | F |
Lowest disclosure scores
| Ten states with lowest disclosure scores | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Non-investment income score (20) | Investments score (20) | Gifts/reimbursements score (20) | Liabilities score (20) | Accountability score (10) | Accessibility score (10) | Total points (100) | Grade |
| Utah | 0 | 0 | 0 | 0 | 0 | 0 | 0 | F |
| Idaho | 0 | 0 | 0 | 0 | 0 | 0 | 0 | F |
| Montana | 0 | 0 | 0 | 0 | 0 | 0 | 0 | F |
| Washington D.C. | 0 | 0 | 0 | 0 | 10 | 5 | 15 | F |
| Kentucky | 0 | 0 | 0 | 0 | 10 | 5 | 15 | F |
| Iowa | 5 | 2.5 | 0 | 0 | 5 | 5 | 17.5 | F |
| Minnesota | 10 | 0 | 0 | 0 | 5 | 2.5 | 17.5 | F |
| Michigan | 10 | 0 | 5 | 0 | 5 | 5 | 25 | F |
| Connecticut | 10 | 2.5 | 5 | 0 | 7.5 | 5 | 30 | F |
| Vermont | 10 | 5 | 7 | 0 | 5 | 5 | 32 | F |
Complete scores
| Complete Results | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Non-investment income score (20) | Investments score (20) | Gifts/reimbursements score (20) | Liabilities score (20) | Accountability score (10) | Accessibility score (10) | Total points (100) | Grade |
| California | 15 | 15 | 10 | 17 | 10 | 10 | 77 | C |
| Maryland | 20 | 15 | 10 | 20 | 5 | 2.5 | 72.5 | C |
| Washington | 15 | 10 | 10 | 17 | 10 | 5 | 67 | D |
| Massachusetts | 20 | 5 | 15.5 | 11 | 10 | 5 | 66.5 | D |
| Illinois | 15 | 7.5 | 14 | 11 | 10 | 7.5 | 65 | D |
| Hawaii | 15 | 12.5 | 8.5 | 11 | 5 | 10 | 62 | D |
| Colorado | 20 | 5 | 10 | 8 | 10 | 7.5 | 60.5 | D |
| Pennsylvania | 15 | 5 | 17 | 8 | 10 | 5 | 60 | D |
| Arkansas | 15 | 5.625 | 15 | 4 | 10 | 10 | 59.6 | F |
| Alaska | 15 | 7.5 | 12.75 | 8 | 10 | 5 | 58.3 | F |
| Kansas | 15 | 5 | 14 | 14 | 5 | 5 | 58 | F |
| Maine | 15 | 5 | 14 | 14 | 5 | 5 | 58 | F |
| Rhode Island | 20 | 5 | 8.5 | 8 | 10 | 5 | 56.5 | F |
| Tennessee | 20 | 5 | 5 | 8 | 10 | 7.5 | 55.5 | F |
| Wisconsin | 15 | 7.5 | 7 | 11 | 10 | 5 | 55.5 | F |
| Louisiana | 15 | 9.375 | 10 | 6 | 10 | 5 | 55.4 | F |
| Indiana | 15 | 5 | 20 | 0 | 10 | 5 | 55 | F |
| Virginia | 15 | 10 | 10 | 3 | 10 | 5 | 53 | F |
| New York | 15 | 3.75 | 10.5 | 10.5 | 5 | 5 | 49.8 | F |
| Arizona | 15 | 7.5 | 4 | 8 | 10 | 5 | 49.5 | F |
| Oregon | 15 | 5 | 5 | 8 | 10 | 5 | 48 | F |
| New Hampshire | 15 | 5 | 7 | 6 | 10 | 5 | 48 | F |
| West Virginia | 15 | 3.75 | 6.5 | 4 | 10 | 7.5 | 46.8 | F |
| Missouri | 15 | 5 | 14 | 0 | 10 | 2.5 | 46.5 | F |
| North Carolina | 15 | 5 | 5 | 6 | 10 | 5 | 46 | F |
| Alabama | 15 | 7.5 | 0 | 3 | 10 | 10 | 45.5 | F |
| Nebraska | 10 | 2.5 | 8.5 | 14 | 5 | 5 | 45 | F |
| South Dakota | 20 | 5 | 5 | 0 | 10 | 5 | 45 | F |
| North Dakota | 20 | 3.75 | 5 | 0 | 10 | 5 | 43.8 | F |
| Florida | 10 | 7.5 | 3.5 | 7 | 10 | 5 | 43 | F |
| Nevada | 10 | 0 | 12.5 | 0 | 10 | 10 | 42.5 | F |
| Texas | 5 | 7.5 | 7 | 5.5 | 10 | 5 | 40 | F |
| Georgia | 15 | 5 | 0 | 0 | 10 | 10 | 40 | F |
| Mississippi | 15 | 5 | 0 | 0 | 10 | 10 | 40 | F |
| South Carolina | 10 | 0 | 20 | 0 | 5 | 5 | 40 | F |
| New Mexico | 20 | 3.75 | 0 | 0 | 10 | 5 | 38.8 | F |
| Wyoming | 10 | 0 | 8 | 0 | 10 | 10 | 38 | F |
| Delaware | 5 | 5 | 5.5 | 4 | 10 | 5 | 34.5 | F |
| New Jersey | 15 | 5 | 4 | 0 | 5 | 5 | 34 | F |
| Oklahoma | 15 | 2.5 | 0 | 0 | 10 | 5 | 32.5 | F |
| Ohio | 5 | 2.5 | 5.5 | 4 | 10 | 5 | 32 | F |
| Vermont | 10 | 5 | 7 | 0 | 5 | 5 | 32 | F |
| Connecticut | 10 | 2.5 | 5 | 0 | 7.5 | 5 | 30 | F |
| Michigan | 10 | 0 | 5 | 0 | 5 | 5 | 25 | F |
| Minnesota | 10 | 0 | 0 | 0 | 5 | 2.5 | 17.5 | F |
| Iowa | 5 | 2.5 | 0 | 0 | 5 | 5 | 17.5 | F |
| Kentucky | 0 | 0 | 0 | 0 | 10 | 5 | 15 | F |
| Washington D.C. | 0 | 0 | 0 | 0 | 10 | 5 | 15 | F |
| Montana | 0 | 0 | 0 | 0 | 0 | 0 | 0 | F |
| Idaho | 0 | 0 | 0 | 0 | 0 | 0 | 0 | F |
| Utah | 0 | 0 | 0 | 0 | 0 | 0 | 0 | F |
Summary of methodology
In consultation with ethics experts, the Center constructed a six-part methodology by which to grade the high courts. A grade was assigned according to the following scale:[2]
| Points | Grade |
|---|---|
| 90 - 100 | A |
| 80 - 89 | B |
| 70 - 79 | C |
| 60 - 69 | D |
| Fewer than 60 | F |
- "Part One: Is the judge required to disclose his or her household income? (20 points)"
- "Judge's outside, non-investment income sources and amounts are reported. (10 points)"
- "Spouse's non-investment income source is reported. (10 points)"
- "Part Two: Is the judge required to disclose investments (including real estate) for judge, spouse and dependent children? (20 points)"
- "Description of the investments/assets is disclosed. (5 points)"
- "Income from the investments/assets during the reporting period is disclosed. (5 points)"
- "Gross value of the investment/asset at the end of the reporting period is disclosed. (5 points)"
- "Transactions during the reporting period are disclosed. (5 points)"
- "Part Three: Is the judge required to disclose gifts and reimbursements made to judge, judge’s spouse and dependent children? (20 points)"
- "The source of the gift is disclosed. (4 points)"
- "Description of gifts is disclosed. (3 points)"
- "Dollar value of gifts is disclosed. (3 points)"
- "The source of reimbursements is disclosed. (4 points)"
- "Description of reimbursements is disclosed. (3 points)"
- "Dollar value of reimbursements is disclosed. (3 points)"
- "Part Four: Is the judge required to disclose liabilities of the judge, judge’s spouse and dependent children? (20 points)"
- "Creditors are disclosed. (8 points)"
- "Description of liabilities is disclosed. (6 points)"
- "Value of liabilities is disclosed. (6 points)"
- "Part Five: Are judges held accountable for filing timely and accurate reports? (10 points)"
- "Delinquent filers are subject to penalties. (5 points)"
- "State has meaningful enforcement authority. (5 points)"
- "Part Six: Can members of the public easily access the financial disclosures? (10 points)"
See also
External links
Footnotes
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