Term
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Definition
1.1
A judge shall comply with the law, including the Code of Judicial Conduct |
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Term
| Promoting Confidence in the Judiciary |
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Definition
1.2
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. |
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Term
| Canons of Judicial Conduct |
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Definition
1--Maintaining appearance of propriety in general
2--Performance of official duties
3--Avoidance of conflicts in personal and extrajudicial activities
4--Political or campaign activity |
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Term
| Avoiding Abuse of the Prestige of Judicial Office |
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Definition
1.3
A judge shall not abuse the prestige of judicial office to advance the personal economic interests of the judge or others, or allow others to do so. |
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Term
| Giving Precedence to the Duties of Judicial Office |
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Definition
2.1
The duties of judicial office, as prescribed by law, shall take precedence over all of a judge's personal and extrajudicial activities |
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Term
| Impartiality and Fairness |
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Definition
2.2
A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially |
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Term
| Bias, Prejudice, and Harassment |
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Definition
2.3
(A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.
(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.
(C) A judge shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including but not limited to race, sex, gender, religion, national origin, etc.
(D) The restrictions of paragraphs (B) and (C) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding. |
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Term
| External Influences on Judicial Conduct |
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Definition
2.4
(A) A judge shall not be swayed by public clamor or fear of criticism.
(B) A judge shall not permit family, social, political, financial, or other interests or relationships to influence the judge's judicial conduct or judgement.
(C) A judge shall not convey or permit others to convey the impression that any person or organization is in a position to influence the judge. |
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Term
| Competence, Diligence, and Cooperation |
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Definition
2.5
(A) A judge shall perform judicial and administrative duties, competently and diligently.
(B) A judge shall cooperate with other judges and court officials in the administration of court business. |
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Term
| Ensuring the Right to Be Heard |
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Definition
2.6
(A) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law.
(B) A judge may encourage parties to a proceeding and their lawyers to settle matters in dispute but shall not act in a manner that coerces any party into settlement. |
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Term
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Definition
2.7
A judge shall hear and decide matters assigned to the judge, except when disqualification is required by Rule 2.11 or other law. |
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Term
| Decorum, Demeanor, and Communication With Jurors |
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Definition
2.8
(A) A judge shall require order and decorum in proceedings before the court.
(B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge's direction and control.
(C) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding. |
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Term
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Definition
-Judges may not initiate, permit, or consider ex parte communications
-A judge may not conduct an independent factual investigation; the judge must consider only the evidence admitted in court
Exceptions
(1) when the purpose of the communication is scheduling, so long as the judge reasonably believes that no party will gain a tactical advantage, and all parties are notified and given a chance to respond.
(2) Communications with disinterested experts, so long as all parties are notified and given a chance to respond
(3) Shuttle diplomacy in settlement negotiations
Communications with court personnel don't count as ex parte |
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Term
| Judicial Statements on Pending and Impending Cases |
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Definition
2.10
(A) A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing.
(B) A judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.
(C) A judge shall require court staff, court officials, and others subject to the judge's direction and control to refrain from making statements that the judge would be prohibited from making by paragraphs A and B
(D) Notwithstanding the restrictions in paragraph (A), a judge may make public statements in the course of official duties, may explain court procedures, and may comment on any proceeding in which the judge is a litigant in a personal capacity
(E) Subject to the requirements of paragraph (A), a judge may respond directly or through a third party to allegations in the media or elsewhere concerning the judge's conduct in a matter. |
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Term
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Definition
A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:
(1)The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding
(2) the judge knows that the judge, the judge's spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is:
(a) a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party; (b) acting as a lawyer in the proceeding;
(c) a person who has more than a de minimis interest that could be substantially affected by the proceeding; or
(d) likely to be a material witness in the proeeding
(3) The judge knows or learns by means of a timely motion tht a party, a party's lawyer, or the law firm of a party's lawyer has within the previous years made aggregate contributions to the judges campaign in an amount that is greater than is reasonable for an individual or entity
(g) the judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy.
(6) The judge:(a) served as a lawyer in the matter in controversy, or was associated with a lawyer who participated substantially as a lawyer in the matter during such association (b) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy; (c) was a material witness concerning the matter; or (d) previously presided as a judge over the matter in another court.
(B) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse or domestic partner and minor children residing in the judge's household
(C) A judge subject to disqualification under this Rule, other than for bias or prejudice under paragraph (A)(1), may disclose on the record the basis of the judge's disqualification and may ask the parties and their lawyers to consider, outside the presence of the judge and court personnel, whether to waive disqualification. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge should not be disqualified, the judge may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding. |
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Term
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Definition
(A) A judge shall require court staff, court officials, and others subject to the judge's discretion and control to act in a manner consistent with the judge's obligations under this Code.
(B) A judge with supervisory authority for the performance of other judges shall take reasonable measures to ensure that those judges properly discharge their judicial responsibilities, including the prompt disposition of the matters before them. |
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Term
| Administrative Appointments |
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Definition
(A) In making administrative appointments, a judge:
(1) shall exercise the power of appointment impartially and on the basis of merit; and
(2) shall avoid nepotism, favoritism, and unnecessary appointments
(B) A judge shall not appoint a lawyer to a position if the judge either knows that the lawyer, or the lawyer's spoise or domestic partner, has contributed more than (BLANK) within the prior year to the judge's election campaign, or learns of such a contribution by means of a timely motion by a party or other person properly interested in the matter, unless
(1) the position is substantially uncompensated; (2) the lawyer has been selected in rotation from a list of qualified and available lawyers compiled without regard to their having made political contributions; or (3) the judge or another presiding or administrative judge affirmatively finds that no other lawyer is willing, competent, and able to accept the position
(C) A judge shall not approve compensation of appointees beyond the fair value of services rendered |
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Term
| Disability and Impairment |
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Definition
| A judge having a reasonable belief that the performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to a lawyer or judicial assistance program. |
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Term
| Responding to Judicial and Lawyer Misconduct |
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Definition
(A) A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question regarding the judge's honesty, trustworthiness, or fitness as a judge in other respects shall inform the appropriate authority.
(B) A judge having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question regarding the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate authority
(C) A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code shall take appropriate action
(D) A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct shall take appropriate action |
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Term
| Cooperation with Disciplinary Authorities |
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Definition
(A) A judge shall cooperate and be candid and honest with judicial and lawyer disciplinary agencies.
(B) A judge shall not retaliate, directly or indirectly, against a person known or suspected to have assisted or cooperated with an investigation of a judge or a lawyer. |
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