Judiciary Adopts New Financial Disclosure Rules for Free Trips

Justices and judges must now disclose the value of free trips like those taken by Justice Clarence Thomas at the expense of a billionaire benefactor.

The federal judiciary updated its financial disclosure rules to “require filers to disclose travel-related gifts and their values—rather than reporting such gifts as reimbursements—consistent with the Act’s requirements,” the Administrative Offices of the US Court said in an email March 15.

Reports of Thomas’ lavish trips from real estate developer Harlan Crow spawned calls for ethics reform for the US Supreme Court, which, until recently, did not have a binding ethics code.

Among the changes was a clarification that “transportation that substitutes for commercial transportation” must be reported and are not subject to the “personal hospitality” exemption for things like food and entertainment.

On his disclosures for 2022, the first year the new rule was in effect, Thomas listed a week-long trip to Crow’s upstate New York retreat under the “reimbursement” section, meaning he did not have to disclose the value of the travel.

The new guidance now requires that such trips be reported as gifts. The changes “reflect past statutory changes more clearly and help ensure complete reporting of gifts and reimbursements consistent with statutory requirements,” the AO said.