Rule 2.6. Ensuring the Right to Be Heard

(A) Judges 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) The obligation of judges to dispose of matters promptly and efficiently

must not take precedence over their obligation to dispose of matters fairly and

with patience.

Commentary:

Judges should encourage and seek to facilitate settlement, but parties

should not feel coerced into surrendering the right to have their controversy

resolved by courts. Judges must be mindful of the effect settlement discussions

can have, not only on their objectivity and impartiality, but also on the

appearance of their objectivity and impartiality. Despite a judge’s best efforts,

there may be instances when information obtained during settlement

discussions could influence a judge’s decision-making during a subsequent

trial, and, in such instances, the judge should consider whether

disqualification may be appropriate. See Rule 2.11.