Rule 1.2. Promoting Public Confidence in the Judiciary

(A) Judges shall act at all times in a manner that promotes public confidence

in the independence, integrity, and impartiality of the judiciary.

(B) An independent and honorable judiciary is indispensable to justice in our

society. Judges shall participate in establishing, maintaining, and enforcing

high standards of conduct, and shall personally observe such standards of

conduct so that the independence, integrity, and impartiality of the judiciary

may be preserved. The provisions of this Code should be construed and

applied to further that objective.

Commentary:

[1] Deference to the judgments and rulings of courts depends upon

public confidence in the independence, integrity, and impartiality of judges.

The independence, integrity, and impartiality of judges depends in turn upon

their acting without fear or favor. Although judges should be independent,

they shall comply with the law, including the provisions of this Code. Public

confidence in the impartiality of the judiciary is maintained by the adherence

of each judge to this responsibility. Conversely, violation of this Code

diminishes public confidence in the judiciary and thereby does injury to the

system of government under law.

[2] Public confidence in the judiciary is eroded by irresponsible or

improper conduct of judges. Judges must avoid all impropriety and

appearance of impropriety. Judges must expect to be the subject of constant

public scrutiny. Judges must therefore accept restrictions on their conduct that

might be viewed as burdensome by the ordinary citizen, and they should do so

freely and willingly.

[3] The prohibition against behaving with impropriety or the

appearance of impropriety applies to both the professional and personal

conduct of a judge. Because it is not practicable to list all prohibited acts, the

proscription is necessarily cast in general terms that extend to conduct by

judges that is harmful although not specifically mentioned in the Code

uld do so

freely and willingly.

[3] The prohibition against behaving with impropriety or the

appearance of impropriety applies to both the professional and personal

conduct of a judge. Because it is not practicable to list all prohibited acts, the

proscription is necessarily cast in general terms that extend to conduct by

judges that is harmful although not specifically mentioned in the Code. Actual

improprieties under this standard include violations of law, court rules, or

other specific provisions of this Code. The test for appearance of impropriety

is whether the conduct would create in reasonable minds a perception that the

judge’s ability to carry out judicial responsibilities with integrity, impartiality,

and competence is impaired. See also Rule 3.6.

[4] Judges are allowed to participate in activities that promote ethical

conduct among judges and lawyers, support professionalism within the

judiciary and the legal profession, and promote access to justice for all.

[5] Judges are allowed to initiate and participate in community outreach

activities for the purpose of promoting public understanding of and confidence

in the administration of justice. When engaging in such activities, judges must

act in a manner consistent with this Code.