Rule 2.5. is similar to 1993 Canon 3(C)(1), but with references to bias

removed, as bias issues are covered in other Rules, including Rule 2.3 and Rule

3.6, in this redraft. In paragraph (B) “shall” is substituted for the 1993 Canon’s

“should.” The 1993 Advisory Committee’s Note for Canon 3(C)(1) stated:

Canon 3C covers a judge’s administrative responsibilities.

Canon 3C(1) is intended “to prohibit a judge from manifesting bias

or prejudice in the performance of administrative duties and to

encourage, rather than to require, the more practicable duty of

cooperation rather than facilitation” in dealings with other court

personnel. ABA Model Code (1990), Committee Note to Section

3C(1). Thus, “should,” rather than “shall,” is used in the second

sentence. See also Canons 2C, 3B(5), (6).

Ensuring the Right to Be Heard

(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 forces any

party to settle. A judge may participate in case management conferences,

judicial settlement conferences, and dispositional conferences, and such

participation alone does not disqualify the judge from participating in

later adjudicatory proceedings.

(C)

A judge may take affirmative steps, consistent with the law, as the

judge deems appropriate to enable an unrepresented litigant to be heard.

A judge may explain the requirements of applicable rules and statutes so

that a person appearing before the judge understands the process to be

employed. A judge may also inform unrepresented individuals of free or

reduced cost legal or other assistance that is available in the courthouse

or elsewhere.