Rule 2.3. Bias, Prejudice, and Harassment

(A) Judges shall perform judicial 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 engage in harassment, including but not

limited to bias, prejudice, or harassment based upon age, disability, ethnicity,

gender or sex, marital status, national origin, political affiliation, race, religion,

sexual orientation, or socioeconomic status. Judges shall not permit court staff,

court officials, or others subject to the judge’s direction and control to do so.

(C) Judges 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, age, disability, ethnicity, gender or sex,

marital status, national origin, political affiliation, race, religion, sexual

orientation, or socioeconomic status, against parties, witnesses, lawyers, or

others.

(D) This Rule does not preclude legitimate advocacy when age, disability,

ethnicity, gender or sex, marital status, national origin, political affiliation,

race, religion, sexual orientation, or socioeconomic status, or other similar

factors are issues in the proceeding.

Commentary:

[1] Judges must refrain from speech, gestures, or other conduct that

could reasonably be perceived as prejudiced or biased or as harassment and

must require the same standard of conduct of others subject to their direction

and control.

[2] Judges must perform judicial duties impartially and fairly. Judges

who manifest bias on any basis in a proceeding impair the fairness of the

proceeding and bring the judiciary into disrepute. Facial expression and body

language, in addition to oral communication, can give to parties, lawyers,

jurors, the media, and others an appearance of judicial bias. Judges must be

alert to avoid behavior that may be perceived as prejudicial

impartially and fairly. Judges

who manifest bias on any basis in a proceeding impair the fairness of the

proceeding and bring the judiciary into disrepute. Facial expression and body

language, in addition to oral communication, can give to parties, lawyers,

jurors, the media, and others an appearance of judicial bias. Judges must be

alert to avoid behavior that may be perceived as prejudicial.

[3] Sexual harassment includes, but is not limited to, sexual advances,

requests for sexual favors, and other verbal or physical conduct of a sexual

nature that is unwelcome.

[4] Judges who permit others to manifest bias or prejudice on any basis

in a proceeding impair the fairness of the proceeding and bring the judiciary

into disrepute.

[5] Examples of manifestations of bias or prejudice include but are not

limited to epithets; slurs; demeaning nicknames; negative stereotyping;

attempted humor based upon stereotypes; threatening, intimidating, or hostile

acts; suggestions of connections between race, ethnicity, or nationality and

crime; and irrelevant references to personal characteristics. Even facial

expressions and body language can convey to parties and lawyers in the

proceeding, jurors, the media, and others an appearance of bias or prejudice.