Op-Ed: The United States Supreme Court and Judicial Ethics

by Joseph Belluck & Robert Tembeckjian

Originally published on Law.com • February 23, 2023

In February 2019, shortly after Brett M. Kavanaugh was confirmed as a justice of the United States Supreme Court despite serious allegations of sexual misconduct, numerous complaints against him were dismissed by a panel of judges without investigation, for two reasons.

First, although there is a binding code of ethics applicable to all lower federal court judges and all judges of the 50 states, the Supreme Court has never adopted such a code for itself. Thus, when Kavanaugh assumed his exalted new office, he was no longer subject to any promulgated ethical constraints.

Second, even if there were such a code, there is no mechanism to enforce it. There is no Inspector General or ethics-enforcement office for the federal judiciary, as there are in all the states.

There is only a diffuse system in which each judicial circuit handles complaints against its own judges and, not surprisingly, dismisses almost all of them.

Later in 2019, in testimony to Congress, Supreme Court Justices Samuel Alito and Elena Kagan said that Chief Justice John Roberts was studying the matter of a code of conduct for the justices of his court.

Yet despite the passage of nearly four years, in which alleged conflicts of interest have been raised about several of Roberts’ colleagues, there has been no action.Recent reports, in fact, have revealed that, rather than set an example as one might expect of the nation’s highest court on such an important issue, the nine justices of the Supreme Court continue to trail all others, unable to agree on a code of conduct for themselves.

Indeed, in his annual report to Congress in December 2022, Roberts made absolutely no mention of a conduct code. The report did not once use the word “ethics,” even though numerous alleged ethical breaches animated discussions about the court all year—from the early leak of its controversial abortion decision in Dobbs, to reports that its religious-exemption decision in Hobby Lobby was disclosed in advance to evangelical advocates, to claims that partisan or professional activities and affiliations of one spouse or another required the corresponding justice’s disqualification from certain cases.

Dithering on judicial ethics threatens to undermine public confidence in the integrity and independence of our nation’s premier court, the only one explicitly created in the Constitution. Opinion polls already signal a decline.

Recent polls and studies by Gallup and the Pew Research Center show disapproval of the court at historic lows. The court’s reluctance to act on an ethics code is mystifying, due at least in part to its failure to explain itself, leaving Congress and commentators to speculate. Adoption of an ethics code should be relatively easy.

The American Bar Association’s Model Code of Judicial Conduct has been adapted by all 50 states and is applicable to its trial and appellate courts, including each state’s highest tribunal. The ABA Model was also the basis for the Code of Conduct for United States Judges, applicable to all federal trial and appellate judges, except of course those on the Supreme Court.

While the Supreme Court’s unique status may present enforceability issues were one of its justices to engage in misconduct—only Congress may discipline a Supreme Court justice via the impeachment process—there is simply no reasonable argument for its avoidance of mandated ethical guidelines.

Even a viable and constitutionally sound enforcement model is easily imaginable. Congressional proposals for creation of a judicial inspector general have been introduced, and state judicial disciplinary commissions—composed of judges, lawyers and non-lawyer “public” members— have operated with great effect since the first one was established in California in 1960.

Either model could easily be adapted for the entire federal bench. And just as numerous state enforcement bodies have applied the code to and disciplined judges of their respective highest courts, so could a similar entity designed for the national bench.

A federal inspector general or a conduct commission could report to the appropriate committee of the Judicial Conference of the United States and, where appropriate, recommend public or private reprimands of trial and Circuit appellate judges.

They could similarly make such reports and recommendations to Congress as to Supreme Court justices whose ethical lapses may warrant censure or, in egregious situations, impeachment and removal proceedings.

What is not sustainable is continued, prolonged delay on what should be a proposition beyond debate: that the highest court in the land should demonstrate its commitment to judicial ethics by adopting and applying to itself a code of conduct like every other court in the country.

Joseph W. Belluck and Robert H. Tembeckjian are, respectively, the Chair and the Administrator of the New York State Commission on Judicial Conduct.

News Release: Belluck & Fox LLP Expands Further into New England with New Office in Maine

New York City (February 16th, 2023) – Belluck & Fox LLP, a nationally recognized mesothelioma and personal injury law firm, announced that it is expanding further into New England with a new office at 63 Federal Street in Portland, Maine. Managing partner Joseph Belluck has been admitted to the bar in Maine, permitting the firm to better serve clients and their families in the region.

“Maine has one of the highest rates of Mesothelioma cases in the country,” said Belluck. “Our new presence in Maine enables us to provide the most vulnerable clients with the utmost respect and compassion, and deliver them the justice they deserve.”

Belluck & Fox prides themselves on their passionate advocacy for their clients. Over the years, the firm has settled more than a billion dollars in asbestos and personal injury verdicts. They are consistently recognized for their successes by U.S. News, Best Lawyers, SuperLawyers, Martindale-Hubbell, The National Law Journal, Avvo, the Better Business Bureau, and many other publications and organizations.

Joe Belluck has been practicing law for more than 25 years. Belluck & Fox was founded with Jordan Fox in 2002. Belluck has a strong reputation for excellence in mesothelioma, truck accidents, and other serious injury litigation. He is a compassionate and dedicated attorney who has spent his entire life and legal career advocating for injured consumers and workers.

Belluck’s recognition goes beyond the courtroom. He is often called upon to speak at national conferences, serves as chair of the New York State Commission on Judicial Conduct, and is a trustee of The State University of New York. He is also committed to giving back, serving as chair of the boards for The Precious Dreams Foundation, a national organization that provides comfort items to foster and homeless youth.

Attorneys at Belluck & Fox are also admitted to practice in New York, New Jersey, Pennsylvania, Vermont, Florida, California, Colorado, Washington, Massachusetts, the District of Columbia, and several federal jurisdictions, including the Supreme Court. The firm serves clients across the United States based out of New York City, with offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts and now Portland, Maine.

According to the Centers for Disease Control, Maine has the highest rate of mesothelioma cases in the country. Potential clients in Maine seeking representation for themselves or a loved one who has been diagnosed with mesothelioma, injured, or suffered injustice, can reach out for a free consultation.

About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Massachusetts and Maine. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.

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Precious Dreams Foundation Honors Board Chair Joseph Belluck

The Precious Dreams Foundation’s mission is that every child deserves to feel comforted and secure. That’s why – fully believing in the cause – Belluck & Fox managing partner Joe Belluck has volunteered as the Executive Board Co-Chair of the Foundation since 2017.

Recently, he was honored at the Foundation’s 11th Annual Laughter and Lullabies Gala, benefiting the service and support of underserved youth. He was presented with the Miracle Maker Award, which recognizes his significant contributions to the organization’s growth and expansion.

Founded in 2012, Nicole Russell and Angie Medina responded to the recognized need for mental health awareness and sleep support for young people in foster care and homeless shelters. The Precious Dreams Foundation partners with foster homes and homeless shelters that have observed the benefits of teaching self-comfort and mental health services.

Joe’s recognition goes beyond the Miracle Maker Award and Board Co-Chair. He has been supporting the work of the Precious Dreams Foundation for several years. If you’re looking to get involved in the foundation, you can sponsor, volunteer, or donate. For more information on how to get involved, please visit https://www.preciousdreamsfoundation.org/get-involved/.

News Release: Joe Belluck, Jordan Fox, Seth Dymond Ranked Best Lawyers in America

New York City – Belluck & Fox LLP today announced that it has been recognized by U.S. News & World Report as a Best Lawyers Tier 1 firm, both nationally and in the New York City region, for Mass Tort Litigation / Class Actions – Plaintiffs.

In addition, partners Joseph Belluck, Jordan Fox, and Seth Dymond have all been named to the Best Lawyers in America rankings for 2023.

“When we founded Belluck & Fox, we set out to be a different kind of law firm. I’m proud that we’re known as a force to be reckoned with because we care so deeply about seeking justice,” said Belluck. “Having been first recognized by Best Lawyers in 2006, we are honored to be acknowledged year after year for our diligent work on behalf of our clients and their families.”

Belluck & Fox prides themselves on their zealous advocacy for their clients. Over the years, the firm has settled more than a billion dollars in asbestos and personal injury verdicts. They are consistently acknowledged for their successes not only by U.S. News and Best Lawyers, but also by SuperLawyers, Martindale-Hubbell, The National Law Journal, Avvo, the Better Business Bureau, and many other publications and organizations.

Joe Belluck, a founding partner at Belluck & Fox, has over 25 years of experience practicing mesothelioma, truck accidents, and other serious injury litigation. He has settled over $1 billion of asbestos and personal injury lawsuits. Belluck is often called upon to speak at national conferences, serves as chair of the New York State Commission on Judicial Conduct and the New York State Cannabis Advisory Board, and is a trustee of The State University of New York. He is also committed to giving back, serving as chair of the boards for Precious Dreams, a national organization that provides comfort items to foster and homeless youth, and CMind, which promotes meditation and contemplative practices on college campuses. 

Jordan Fox, a founding partner at Belluck & Fox, has over 30 years of experience in practicing mesothelioma, product injury, environmental injury, and lead paint injury litigation. He has recovered tens of millions of dollars on behalf of his clients in settlements and verdicts for victims – twice his cases were named by the National Law Journal as “verdicts of the year.” Fox is nationally recognized as a trailblazer in the legal field and has a proud history of defending the public. He won the first major asbestos case against a major retail company when Sears Roebuck was found liable for selling products that caused mesothelioma.

Seth Dymond, a partner at Belluck & Fox, has a consistent history of victories at the appellate courts, and to date has never had a liability verdict overturned at the appellate level. Dymond has briefed and argued numerous cutting-edge legal issues in asbestos litigation across New York State, including landmark product liability decisions decided by New York’s highest court and adopted by the U.S. Supreme Court. He successfully co-represented the entire asbestos Plaintiffs’ bar (approximately 15 law firms) in appeals upholding the New York City Asbestos Litigation Case Management Order.

Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

Potential clients seeking representation for themselves or a loved one who has been diagnosed with mesothelioma, injured, or suffered injustice, can reach out today for a free consultation.

About Belluck & Fox, LLP

Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City, with additional offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.

EPA Finally Admits Asbestos Presents an “Unreasonable” Health Risk

In 2016, the Environmental Protection Agency (EPA) finally designated asbestos as a chemical targeted for risk evaluation. A recent release by the agency in June 2022 was the final scope of Part 2 of this risk evaluation, performed under the Toxic Substance Control Act, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Notably, the EPA concludes for the first time that asbestos – a known human carcinogen – presents an “unreasonable” health risk to workers under certain conditions. The EPA has a deadline of December 1, 2024, to complete and publish the risk evaluation.

At Belluck & Fox, we are watching the EPA’s efforts carefully to conduct this risk evaluation in good faith and to ensure that the public knows just how dangerous asbestos can be. Asbestos exposure and its associated health risks – the sole cause of mesothelioma cancer – are not topics that we take lightly. While we believe this risk evaluation is a long overdue measure by the EPA, we are encouraged to see that their evaluation intends to cover a broad range of important issues pertaining to asbestos exposure, particularly in the area of legacy uses.

Part 1 of this evaluation was published in December 2022, and the first two of three installments of Part 2 were published in January 2021 and January 2022, respectively. In Part 1 of the risk evaluation, the agency concluded that chrysotile asbestos poses an “unreasonable” risk to human health after reviewing 32 conditions of use. The dangers of asbestos are posed to consumers, bystanders, occupational non-users, and workers in both direct and indirect contact with asbestos. The scope of Part 1 was limited to chrysotile asbestos since it is “the only form of asbestos known to be imported, processed, or distributed for use in the United States, including in manufacturing, processing, distribution in commerce, occupational and consumer uses, and disposal,” according to the EPA.

Part 2 of the risk evaluation centers on legacy uses of asbestos and its disposal, as well as describing previous asbestos uses, avenues of exposure, and impacted populations of that exposure. Due to this shift in focus, the use and presence of talc and five other types of asbestos fibers were included and addressed, in addition to chrysotile asbestos mentioned in Part 1. Construction materials would be evaluated as a legacy use due to their exceptionally high prevalence and opportunities for exposure. Talc is still found in many consumer products produced and used today, either as a main ingredient or as a filler, such as in lubricants, dusting powders, paint, paper, and roofing materials.

Our mesothelioma clients are victims of not only the long-term health ramifications produced by asbestos exposure but also the companies that used asbestos and asbestos-related products in abundance in the workplace. We are hopeful that the EPA will take steps to recommend a broad ban on asbestos products. Our attorneys will not stop fighting until our exposed clients and their families receive the justice they deserve.

Celebrating 20 Years as Belluck & Fox

News Release: Belluck & Fox LLP Expands to New England with Boston Office

NEW YORK CITY (March 3, 2022) – Belluck & Fox LLP, a nationally recognized mesothelioma and personal injury law firm, today announced that it is expanding into New England with a new office in Boston at 699 Boylston Street. Managing partner Joseph Belluck has been admitted to the bar in both Massachusetts and Maine, empowering the firm to better serve clients and their families in the region.

“When we founded Belluck & Fox, we set out to be a different kind of law firm. I’m proud that we’re known as a force to be reckoned with for our clients because we care so deeply about getting them justice,” said Belluck. “Our new presence in Boston enables us to more effectively provide our services and two decades of experience to clients in Massachusetts, Maine, and the New England region.”

Belluck & Fox prides themselves on their zealous advocacy for their clients. Over the years, the firm has settled more than a billion dollars in asbestos and personal injury verdicts. They are consistently acknowledged for their successes by U.S. News, Best Lawyers, SuperLawyers, Martindale-Hubbell, The National Law Journal, Avvo, the Better Business Bureau, and many other publications and organizations.

Joe Belluck has been practicing law for more than 25 years, having founded Belluck & Fox with Jordan Fox in 2002. Belluck has a strong reputation for excellence in mesothelioma, truck accidents, and other serious injury litigation. He is a dedicated, compassionate attorney who has spent his entire life and legal career advocating for injured consumers and workers.

Belluck’s recognition goes beyond the courtroom. He is often called upon to speak at national conferences, serves as chair of the New York State Commission on Judicial Conduct, and is a trustee of The State University of New York. He is also committed to giving back, serving as chair of the boards for Precious Dreams, a national organization that provides comfort items to foster and homeless youth, and CMind, which promotes meditation and contemplative practices on college campuses. 

Attorneys at Belluck & Fox are also admitted to practice in New York, New Jersey, Pennsylvania, Vermont, Florida, California, Colorado, Washington, the District of Columbia, and several federal jurisdictions, including the Supreme Court. The firm serves clients across the United States based out of New York City, with offices around the state in Albany, Gloversville, Rochester, and Woodstock. With the opening of the new Boston location, Belluck & Fox looks forward to continuing its long association with the Law Offices of Michael Joyce to represent their joint clients.

Potential clients seeking representation for themselves or a loved one who has been diagnosed with mesothelioma, injured, or suffered injustice, can reach out today for a free consultation.

About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Boston, Massachusetts. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com. 

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Daniel Belzil Expands Belluck & Fox Insurance Recovery Practice

New York City – 

Belzil brings significant experience as a policyholder coverage litigator, representing insured individuals and businesses seeking to enforce coverage from insurance companies. At Belluck & Fox, Belzil will be working on forcing insurance companies to pay on the policies they sold to businesses and consumers.  

Belluck & Fox is accepting referrals of insurance coverage work from plaintiff and other law firms dealing with insurance coverage in their asbestos, personal injury, and other cases, as well as referral of cases on behalf of individuals and businesses that have been denied insurance coverage.  

A zealous advocate, Belzil has six years of experience in litigating cases from inception through trial. He covers all types of third- and first-party coverage matters, including commercial and homeowners property policies, directors and officers (D&O), commercial general liability (CGL), crime fidelity bonds, property, pollution legal liability (PLL), errors and omissions (E&O), and aircraft hull. 

Belzil joins Belluck & Fox LLP from Blank & Rome LLP, where he was an insurance recovery associate. He received his J.D., magna cum laude, from Vermont Law School, and his B.A. from the University of Calgary. 

 About Belluck & Fox, LLP

Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and insurance recovery. The firm represents clients across the United States based out of New York City with additional offices across the state in Albany, Gloversville, Rochester, and Woodstock. They have secured over $1 billion in verdicts for their clients.

Case Story and Client Testimonial of Thomas McCormick

Thomas McCormick grew up in a close-knit Catholic family that was “always together.” His parents were hard workers who struggled to make ends meet. Tom spent ample time helping his younger brothers and sisters and did as much as he could to help around the house. At 16, he started working as a dishwasher and busboy at various restaurants and country clubs. His father, always repeating the mantra “fix it, don’t throw it out,” taught him how to repair lawnmowers that they’d find on the side of the road.

Tom graduated from high school and tried college on for size, but after a year decided that it wasn’t for him. He instead got a job as a “gunslinger,” repairing and maintaining the heating systems in Albany’s many large commercial buildings. Tom worked with another mechanic to clean and repair commercial equipment. “We’d get very dirty and were involved with asbestos pretty much every day,” Tom explained in his deposition. Amongst other things, Tom worked on water circulators, steam traps, boilers, pumps, and water heaters.

Tom then got a job as a boiler room helper at Albany Medical Center, where he was tasked with fixing and maintaining Cleaver Brooks boilers and completing various projects concerning valves and steam traps around the hospital. He would shut the boilers down, clean out the boilers and the burners, open up the handholes from the water and fire side of the boiler, and would even crawl inside and clean out the boiler.

Following his job at Albany Med, Tom was hired as a serviceman. He replaced a lot of boilers and did a lot of household plumbing work. “I would be white at the end of the day except for where I wore my hat,” Tom said of the asbestos that he encountered while working on the boilers. He estimated repairing thousands of boilers in this capacity.

In 1983, Tom began working for a company called Main-Care Heating and Oil, where he worked as a serviceman for heating. From 1983-1993, he repaired an estimated 1000+ boilers.

Diagnosis

Prior to the summer of 2019, Tom’s health was good. “I was very active. I had my own business until 2013” he explained. Tom had never experienced any breathing problems or been diagnosed with any form of cancer. He enjoyed boating, doing home repairs, snow blowing, and gardening, amongst other things. “I was quite the handyman,” he said, “I was Mr. Fix It Man.”

In the spring of 2019, however, Tom started to slow down. His wife noticed that “he was not as energetic or gregarious as he used to be.” By April and May, Tom was experiencing so much pain that he felt like “[he] had an elephant sitting on his chest.” He was initially told that he had water on his right lung and had three liters of liquid removed. When the pleural tissue was biopsied, however, Tom learned that he had mesothelioma. Learning of his diagnosis “made [him] feel” awful. Because of the COVID-19 crisis, Tom was unable to digest the news with his family present and had to stay in the hospital alone. When he finally was given clearance to leave the hospital, Tom told his elderly parents about the mesothelioma diagnosis. “They were pretty disheartened,” Tom explained in his deposition, “My mother was crying, my father was crying. They were very upset because they didn’t want to lose their oldest child before they were to die. It was a pretty sad affair.”

Tom then had a pleurectomy performed by a thoracic surgeon in New York City who removed eight pounds of cancerous cells from Tom’s right lung. “I was hurting like hell, but I felt lucky that I was alive,” Tom, ever the optimist, explained, “I could’ve died on the table too, you never know.” He felt thankful that in the new stage of quarantine, his daughter and wife were able to visit him after his painful surgery.

Following four rounds of chemotherapy that rid his lungs of the remaining cancer cells but left him with serious side effects, Tom found that he couldn’t stand for any length of time nor could he do work around the house. “My wife has to do everything for me,” Tom said. The narcotics that he was given for the chemotherapy also rendered him unable to drive. “I love driving, driving’s my favorite thing to do. I was always the driver,” he continued wistfully, “By not being able to drive, it takes away some of my freedom.”

“I love my children—I love them to death,” Tom said in his deposition, tearing up, “We would do everything together—camping, boating, out in the car, in the house, growing gardens, doing scouting activity with my son. I can’t do that anymore—I’m sick and I don’t like it.” He especially laments the fact that he cannot see his two-year-old granddaughter. “She kind of knows her Papa, but we haven’t seen her in three months. But she’ll get to know me,” Tom continued with hope, “She’s just a cool little kid.”

Currently, Tom is getting immunotherapy with Keytruda to try to keep the mesothelioma under control.

Seth A. Dymond Prevails in an Appeal Affirming a $7 Million Mesothelioma Verdict

NEW YORK CITY (October 29, 2020) – Seth A. Dymond, partner and head of the Appellate
and Motion Department at Belluck & Fox, LLP successfully defended an appeal taken from a
more than $7 million asbestos verdict against defendant Jenkins Bros. The defendant argued on
appeal that there was not enough evidence to establish that its asbestos-containing valves
caused the plaintiff James G. Stock to develop terminal mesothelioma that resulted in his
subsequent death.

James G. Stock, who had been working in a second career as a police officer, was diagnosed
with incurable mesothelioma in 2017, a signature disease of asbestos exposure. Between 1979
and 1986, Stock worked in the maintenance department at the NY Wire Mills plant in
Tonawanda, New York, where he was regularly exposed to asbestos in countless valves
manufactured by Jenkins Bros. Stock and his wife Lynn commenced this lawsuit seeking
damages for the injuries that he sustained as a result of his exposure to the asbestos. After
Belluck & Fox, LLP attorneys secured a more than $7 million jury verdict for the Stocks in
Buffalo in September of 2018, Jenkins Bros. asked the trial court to overturn the jury verdict on
multiple grounds, and to reduce the amount of damages. After its motion was denied in its
entirety, Jenkins Bros. appealed, arguing that the plaintiff did not establish that Mr. Stock’s
exposure to asbestos from Jenkins Bros. valves was a cause of his disease.

In unanimously rejecting Jenkins Bros.’ argument, the New York Appellate Division, Fourth
Judicial Department, concluded that “[c]ontrary to defendant’s contention, the expert’s opinion,
considered along with the rest of her testimony, was sufficient to establish specific causation.
The Appellate Division then rejected defendant’s contention that the decision of New York’s
highest court in Matter of New York City Asbestos Litig. [Juni] (32 NY3d 1116 [2018]) compelled
a different result under the facts of this case, or warranted a new trial.

Seth Dymond is a partner and the head of the Appellate and Motion Department at Belluck &
Fox, LLP. He has a consistent history of victories at the appellate courts, and to date has never
had a liability verdict overturned at the appellate level. He frequently briefs and argues
numerous cutting-edge legal issues in Asbestos Litigation across New York State and other
jurisdictions. Prior to joining Belluck & Fox, LLP, Dymond was a Senior Court Attorney at the
New York State Appellate Division, Second Judicial Department, where he worked on hundreds
of appeals. Seth received his J.D., magna cum laude, from New York Law School, and his
Bachelor of Music from James Madison University.