Rule 1.3. Respecting the Prestige of Judicial Office

Judges shall not lend the prestige of their office to advance the private interests

of the judge or others.

Commentary:

[1] Maintaining the prestige of judicial office is essential to a system of

government in which the judiciary functions independently of the executive and

legislative branches. Respect for the judicial office facilitates the orderly

conduct of legitimate judicial functions. Judges should distinguish between

proper and improper use of the prestige of office in all of their activities. For

example, it would be improper for a judge to allude to his or her judgeship to

gain a personal advantage such as deferential treatment when stopped by a

police officer for a traffic offense. Similarly, judicial letterhead must not be

used for conducting a judge’s personal business.

[2] Judges must avoid lending the prestige of judicial office for the

advancement of the private interests of the judge and others. For example, a

judge must not use the judge’s position to gain advantage in a civil suit

involving a member of the judge’s family. In contracts for publication of a

judge’s writings, a judge should retain control over the advertising to avoid

exploitation of the judge’s office. Similarly, exploitation of judicial office for

private gain can occur when a part-time judge attorney or pro tempore judge

attorney advertises this judicial position as a reason for being retained as a

lawyer. As to the acceptance of awards, see Rule 3.13 and Commentary.

[3] Although a judge should be sensitive to possible abuse of the prestige

of office, a judge may, based on the judge’s personal knowledge, serve as a

reference or provide a letter of recommendation. The judge may use official

letterhead if the judge indicates that the reference is personal, and if there is

no likelihood that the use of the letterhead would reasonably be perceived as

an attempt to exert pressure by reason of the judicial office

abuse of the prestige

of office, a judge may, based on the judge’s personal knowledge, serve as a

reference or provide a letter of recommendation. The judge may use official

letterhead if the judge indicates that the reference is personal, and if there is

no likelihood that the use of the letterhead would reasonably be perceived as

an attempt to exert pressure by reason of the judicial office. However, a judge

must not initiate the communication of information to a sentencing judge or

probation or corrections officer, but may provide to such person information

for the record in response to a formal request.

[4] Judges may participate in the process of judicial selection by

cooperating with appointing authorities and screening committees seeking

names for consideration, and by responding to official inquiries concerning a

person being considered for a judgeship. See also Canon 4, regarding use of

a judge’s name in political activities.

Canon 2

JUDGES SHALL PERFORM THE DUTIES OF JUDICIAL

OFFICE

IMPARTIALLY,

COMPETENTLY,

AND

DILIGENTLY.