Rule Canon 2. A Judge Should Perform the Duties of Judicial Office Impartially, Competently, and Diligently

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CJC

CANON 2

A JUDGE SHOULD PERFORM THE DUTIES OF JUDICIAL OFFICE

IMPARTIALLY, COMPETENTLY, AND DILIGENTLY.

RULE 2.1. Giving Precedence to the Duties of Judicial Office

The duties of judicial office, as prescribed by law,* shall take precedence over all of a

judge’s personal and extrajudicial activities.

Comments

[1] To ensure that judges are available to fulfill their judicial duties, judges must conduct

their personal and extrajudicial activities to minimize the risk of conflicts that would result in

frequent disqualification. See Canon 3.

[2] Although it is not a duty of judicial office unless prescribed by law, judges are

encouraged to participate in activities that promote public understanding of and confidence in the

justice system.

RULE 2.2. Impartiality and Fairness

A judge shall uphold and apply the law,* and shall perform all duties of judicial office

fairly and impartially.*

Comments

[1] To ensure impartiality and fairness to all parties, a judge must be objective and open-

minded.

[2] Although each judge comes to the bench with a unique background and personal

philosophy, a judge must interpret and apply the law without regard to whether the judge

approves or disapproves of the law in question.

[3] When applying and interpreting the law, a judge sometimes may make good-faith errors

of fact or law. Errors of this kind do not violate this Rule.

[4] At times, judges have before them unrepresented litigants whose lack of knowledge

about the law and about judicial procedures and requirements may inhibit their ability to be

heard effectively. A judge’s obligation under Rule 2.2 to remain fair and impartial and to uphold

and apply the law does not preclude the judge from making reasonable accommodations to

ensure an unrepresented litigant’s right to be heard, so long as those accommodations do not give

the unrepresented litigant an unfair advantage. This rule does not require a judge to make any

particular accommodation.

RULE 2.3

A judge’s obligation under Rule 2.2 to remain fair and impartial and to uphold

and apply the law does not preclude the judge from making reasonable accommodations to

ensure an unrepresented litigant’s right to be heard, so long as those accommodations do not give

the unrepresented litigant an unfair advantage. This rule does not require a judge to make any

particular accommodation.

RULE 2.3. Bias, Prejudice, and Harassment

(A) A judge shall perform the duties of judicial office, including administrative 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, and shall not permit court staff, court officials, or

others subject to the judge’s direction and control to do so.

manifesting bias or prejudice, or engaging in harassment, against parties, witnesses, lawyers, or

others.

(D) The restrictions of paragraphs (B) and (C) do not preclude judges or lawyers from

making reference to factors that are relevant to an issue in a proceeding.

Comments

[1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the

proceeding and brings the judiciary into disrepute.

[2] 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. A judge must avoid conduct that may

reasonably be perceived as prejudiced or biased

, 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. A judge must avoid conduct that may

reasonably be perceived as prejudiced or biased.

[3] Harassment, as referred to in paragraphs (B) and (C), is verbal or physical conduct that

denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender,

gender identity, gender expression, religion, national origin, ethnicity, disability, age, sexual

orientation, marital status, socioeconomic status, or political affiliation.

[4] 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.

[5] "Bias or prejudice" does not include references to or distinctions based upon race, color,

sex, religion, national origin, disability, age, marital status, changes in marital status, pregnancy,

parenthood, sexual orientation, or social or economic status when these factors are legitimately

relevant to the advocacy or decision of the proceeding, or, with regard to administrative matters,

when these factors are legitimately relevant to the issues involved.

RULE 2.4. External Influences on Judicial Conduct

(A) A judge shall not be swayed by public clamor, or fear of criticism.

(B) A judge shall not permit family, social, political, financial, or other interests or

relationships to influence the judge’s judicial conduct or judgment.

or organization is in a position to influence the judge

icial Conduct

(A) A judge shall not be swayed by public clamor, or fear of criticism.

(B) A judge shall not permit family, social, political, financial, or other interests or

relationships to influence the judge’s judicial conduct or judgment.

or organization is in a position to influence the judge.

Comments

[1] Judges shall decide cases according to the law and facts, without regard to whether

particular laws or litigants are popular or unpopular with the public, the media, government

officials, or the judge’s friends or family.

RULE 2.5. Competence, Diligence, and Cooperation

(A) A judge shall perform judicial and administrative duties competently and diligently.

(B) A judge shall cooperate with other judges and court officials in the administration of

court business.

Comments

[1] Competence in the performance of judicial duties requires the legal knowledge, skill,

thoroughness, and preparation reasonably necessary to perform a judge’s responsibilities of

judicial office.

[2] In accordance with GR 29, a judge should seek the necessary docket time, court staff,

expertise, and resources to discharge all adjudicative and administrative responsibilities.

[3] Prompt disposition of the court’s business requires a judge to devote adequate time to

judicial duties, to be punctual in attending court and expeditious in determining matters under

submission, and to take reasonable measures to ensure that court officials, litigants, and their

lawyers cooperate with the judge to that end.

[4] In disposing of matters promptly and efficiently, a judge must demonstrate due regard

for the rights of parties to be heard and to have issues resolved without unnecessary cost or

delay. A judge should monitor and supervise cases in ways that reduce or eliminate dilatory

practices, avoidable delays, and unnecessary costs.

RULE 2.6

d their

lawyers cooperate with the judge to that end.

[4] In disposing of matters promptly and efficiently, a judge must demonstrate due regard

for the rights of parties to be heard and to have issues resolved without unnecessary cost or

delay. A judge should monitor and supervise cases in ways that reduce or eliminate dilatory

practices, avoidable delays, and unnecessary costs.

RULE 2.6. 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) Consistent with controlling court rules, a judge may encourage parties to a proceeding

and their lawyers to settle matters in dispute but should not act in a manner that coerces any party

into settlement.

Comments

[1] The right to be heard is an essential component of a fair and impartial system of justice.

Substantive rights of litigants can be protected only if procedures protecting the right to be heard

are observed.

[2] The judge plays an important role in overseeing the settlement of disputes, but should

be careful that efforts to further settlement do not undermine any party’s right to be heard

according to law. The judge should keep in mind the effect that the judge’s participation in

settlement discussions may have, not only on the judge’s own views of the case, but also on the

perceptions of the lawyers and the parties if the case remains with the judge after settlement

efforts are unsuccessful

reful that efforts to further settlement do not undermine any party’s right to be heard

according to law. The judge should keep in mind the effect that the judge’s participation in

settlement discussions may have, not only on the judge’s own views of the case, but also on the

perceptions of the lawyers and the parties if the case remains with the judge after settlement

efforts are unsuccessful. Among the factors that a judge should consider when deciding upon an

appropriate settlement practice for a case are (1) whether the parties have requested or

voluntarily consented to a certain level of participation by the judge in settlement discussions, (2)

whether the parties and their counsel are relatively sophisticated in legal matters, (3) whether the

case will be tried by the judge or a jury, (4) whether the parties participate with their counsel in

settlement discussions, (5) whether any parties are unrepresented by counsel, and (6) whether the

matter is civil or criminal.

[3] 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 trial, and, in such

instances, the judge should consider whether disqualification or recusal may be appropriate. See

Rule 2.11(A)(1).

[4] Judges should endeavor to ensure unrepresented litigants have a fair opportunity to

participate in proceedings. While not required, judges may find the following nonexhaustive list

of steps consistent with these principles and helpful in facilitating the right of unrepresented

litigants to be heard:

uld consider whether disqualification or recusal may be appropriate. See

Rule 2.11(A)(1).

[4] Judges should endeavor to ensure unrepresented litigants have a fair opportunity to

participate in proceedings. While not required, judges may find the following nonexhaustive list

of steps consistent with these principles and helpful in facilitating the right of unrepresented

litigants to be heard:

1. Identifying and providing resource information to assist unrepresented litigants. Judges

should endeavor to identify resources early in the case so as to reduce the potential for delay.

2. Informing litigants with limited-English-proficiency of available interpreter services.

3. Providing brief information about the proceeding and evidentiary and foundational

requirements.

4. Using available courtroom technology to assist unrepresented individuals to access and

understand the proceedings (e.g., remote appearances, use of video displays to share court rules,

statutes, and exhibits).

5. Asking neutral questions to elicit or clarify information.

6. Attempting to make legal concepts understandable by minimizing use of legal jargon.

7. Starting the hearing with a quick summary of the case history of the issues that will be

addressed.

8. Explaining at the beginning of the hearing that you may be asking questions and that this

will not indicate any view on your part. It will merely mean that you need to get the information

to decide the case.

9. Working through issues one by one and moving clearly back and forth between the two

sides during the exploration of each issue.

10. Inviting questions about what has occurred or is to occur.

11. Permitting narrative testimony.

12. Allowing parties to adopt their written statements and pleadings as their sworn

testimony. This provision would not limit opportunities for cross-examination or be permitted in

a manner that would prejudice the other party in the presentation of their case.

the exploration of each issue.

10. Inviting questions about what has occurred or is to occur.

11. Permitting narrative testimony.

12. Allowing parties to adopt their written statements and pleadings as their sworn

testimony. This provision would not limit opportunities for cross-examination or be permitted in

a manner that would prejudice the other party in the presentation of their case.

13. Asking questions to establish the foundation of evidence, when uncertain.

14. Clarifying with the parties whether they have presented all of their evidence and

explaining that no additional testimony or evidence will be permitted once the evidentiary

portion of the case is completed.

15. Prior to announcing the decision of the court, reminding the parties that they have

presented all of their evidence, that they will be given an opportunity to ask questions once the

court has issued its ruling, and that they should not interrupt the court.

16. If unable to do what a litigant asks because of neutrality concerns, explaining the

reasons in those terms.

17. Announcing the decision, if possible, from the bench, taking the opportunity to

encourage litigants to explain any problems they might have complying.

18. Explaining the decision and acknowledging the positions and strengths of both sides.

19. Making sure, by questioning, that the litigants understand the decision and what is

expected of them, while making sure that they know you expect compliance with the ultimate

decision.

20. Where relevant, informing the litigants of what will be happening next in the case and

what is expected of them.

21. Making sure, if practicable, that the decision is given in written or printed form to the

litigants.

22. Informing the parties of resources that are available to assist with drafting documents,

as well as compliance or enforcement of the order. Examples include but are not limited to

courthouse facilitator programs, advocates, lists of treatment providers, and child support

enforcement.

. Making sure, if practicable, that the decision is given in written or printed form to the

litigants.

22. Informing the parties of resources that are available to assist with drafting documents,

as well as compliance or enforcement of the order. Examples include but are not limited to

courthouse facilitator programs, advocates, lists of treatment providers, and child support

enforcement.

23. Thanking the parties for their participation and acknowledging their efforts.

RULE 2.7. Responsibility to Decide

A judge shall hear and decide matters assigned to the judge, except when disqualification

or recusal is required by Rule 2.11 or other law.*

Comment

[1] Judges must be available to decide the matters that come before the court. Although

there are times when disqualification is necessary to protect the rights of litigants and preserve

public confidence in the independence, integrity, and impartiality of the judiciary, judges must be

available to decide matters that come before the courts. Unwarranted disqualification may bring

public disfavor to the court and to the judge personally. The dignity of the court, the judge’s

respect for fulfillment of judicial duties, and a proper concern for the burdens that may be

imposed upon the judge’s colleagues require that a judge not use disqualification or recusal to

avoid cases that present difficult, controversial, or unpopular issues.

RULE 2.8. Decorum, Demeanor, and Communication with Jurors

(A) A judge shall require order and decorum in proceedings before the court.

(B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses,

lawyers, court staff, court officials, and others with whom the judge deals in an official capacity,

and shall require similar conduct of lawyers, court staff, court officials, and others subject to the

judge’s direction and control.

order or opinion in a proceeding

ous to litigants, jurors, witnesses,

lawyers, court staff, court officials, and others with whom the judge deals in an official capacity,

and shall require similar conduct of lawyers, court staff, court officials, and others subject to the

judge’s direction and control.

order or opinion in a proceeding.

Comments

[1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the

duty imposed in Rule 2.5 to dispose promptly of the business of the court. Judges can be

efficient and businesslike while being patient and deliberate.

[2] Commending or criticizing jurors for their verdict may imply a judicial expectation in

future cases and may impair a juror’s ability to be fair and impartial in a subsequent case.

[3] A judge who is not otherwise prohibited by law from doing so may meet with jurors

who choose to remain after trial but should be careful not to discuss the merits of the case.

RULE 2.9. Ex Parte Communications

(A) A judge shall not initiate, permit, or consider ex parte communications, or consider

other communications made to the judge outside the presence of the parties or their lawyers,

concerning a pending* or impending matter,* before that judge’s court except as follows:

(1) When circumstances require it, ex parte communication for scheduling, administrative,

or emergency purposes, which does not address substantive matters, or ex parte communication

pursuant to a written policy or rule for a mental health court, drug court, or other therapeutic

court, is permitted, provided:

(a) the judge reasonably believes that no party will gain a procedural, substantive, or

tactical advantage as a result of the ex parte communication; and

, administrative,

or emergency purposes, which does not address substantive matters, or ex parte communication

pursuant to a written policy or rule for a mental health court, drug court, or other therapeutic

court, is permitted, provided:

(a) the judge reasonably believes that no party will gain a procedural, substantive, or

tactical advantage as a result of the ex parte communication; and

(b) the judge makes provision promptly to notify all other parties of the substance of the ex

parte communication, and gives the parties an opportunity to respond.

(2) A judge may obtain the written advice of a disinterested expert on the law applicable to

a proceeding before the judge, if the judge affords the parties a reasonable opportunity to object

and respond to the advice received.

(3) A judge may consult with court staff and court officials whose functions are to aid the

judge in carrying out the judge’s adjudicative responsibilities, or with other judges, provided the

judge makes reasonable efforts to avoid receiving factual information that is not part of the

record, and does not abrogate the responsibility personally to decide the matter.

(4) A judge may, with the consent of the parties, confer separately with the parties and their

lawyers in an effort to settle matters pending before the judge.

(5) A judge may initiate, permit, or consider any ex parte communication when expressly

authorized by law* to do so.

(B) If a judge inadvertently receives an unauthorized ex parte communication bearing upon

the substance of a matter, the judge shall make provision promptly to notify the parties of the

substance of the communication and provide the parties with an opportunity to respond.

and shall consider only the evidence presented and any facts that may properly be judicially

noticed, unless expressly authorized by law

a matter, the judge shall make provision promptly to notify the parties of the

substance of the communication and provide the parties with an opportunity to respond.

and shall consider only the evidence presented and any facts that may properly be judicially

noticed, unless expressly authorized by law.

(D) A judge shall make reasonable efforts, including providing appropriate supervision, to

ensure that this Rule is not violated by court staff, court officials, and others subject to the

judge’s direction and control.

Comments

[1] To the extent reasonably possible, all parties or their lawyers shall be included in

communications with a judge.

[2] Whenever the presence of a party or notice to a party is required by this Rule, it is the

party’s lawyer, or if the party is unrepresented, the party, who is to be present or to whom notice

is to be given.

[3] The proscription against communications concerning a proceeding includes

communications with lawyers, law teachers, and other persons who are not participants in the

proceeding, except to the limited extent permitted by this Rule.

[4] A judge may initiate, permit, or consider ex parte communications expressly authorized

by law, such as when serving on therapeutic or problem-solving courts, mental health courts, or

drug courts. In this capacity, judges may assume a more interactive role with parties, treatment

providers, probation officers, social workers, and others.

[5] A judge may consult on pending matters with other judges, or with retired judges who

no longer practice law and are enrolled in a formal judicial mentoring program (such as the

Washington Superior Court Judges’ Association Mentor Judge Program). Such consultations

must avoid ex parte discussions of a case with judges who have previously been disqualified

from hearing the matter, and with judges or retired judges who have appellate jurisdiction over

the matter

tired judges who

no longer practice law and are enrolled in a formal judicial mentoring program (such as the

Washington Superior Court Judges’ Association Mentor Judge Program). Such consultations

must avoid ex parte discussions of a case with judges who have previously been disqualified

from hearing the matter, and with judges or retired judges who have appellate jurisdiction over

the matter.

[6] The prohibition against a judge investigating the facts in a matter extends to

information available in all mediums, including electronic.

[7] A judge may consult ethics advisory committees, outside counsel, or legal experts

concerning the judge’s compliance with this Code. Such consultations are not subject to the

restrictions of paragraph (A)(2).

RULE 2.10. Judicial Statements on Pending and Impending Cases

(A) A judge shall not make any public statement that would reasonably be expected to

affect the outcome or impair the fairness of a matter pending* or impending* in any court, or

make any nonpublic statement that would reasonably be expected to substantially interfere with a

fair trial or hearing.

(B) A judge shall not, in connection with cases, controversies, or issues that are likely to

come before the court, make pledges, promises, or commitments that are inconsistent with the

impartial* performance of the adjudicative duties of judicial office.

direction and control to refrain from making statements that the judge would be prohibited from

making by paragraphs (A) and (B).

(D) Notwithstanding the restrictions in paragraph (A), a judge may make public statements

in the course of official duties, may explain court procedures, and may comment on any

proceeding in which the judge is a litigant in a personal capacity

ject to the judge’s

direction and control to refrain from making statements that the judge would be prohibited from

making by paragraphs (A) and (B).

(D) Notwithstanding the restrictions in paragraph (A), a judge may make public statements

in the course of official duties, may explain court procedures, and may comment on any

proceeding in which the judge is a litigant in a personal capacity.

(E) Subject to the requirements of paragraph (A), a judge may respond directly or through a

third party to allegations in the media or elsewhere concerning the judge’s conduct in a matter.

Comments

[1] This Rule’s restrictions on judicial speech are essential to the maintenance of the

independence, integrity, and impartiality of the judiciary.

[2] This Rule does not prohibit a judge from commenting on proceedings in which the

judge is a litigant in a personal capacity. In cases in which the judge is a litigant in an official

capacity, such as a writ of mandamus, the judge must not comment publicly.

[3] Depending upon the circumstances, the judge should consider whether it may be

preferable for a third party, rather than the judge, to respond or issue statements in connection

with allegations concerning the judge’s conduct in a matter.

[4] A judge should use caution in discussing the rationale for a decision and limit such

discussion to what is already public record or controlling law.

RULE 2.11. Disqualification

(A) A judge shall self-disqualify in any proceeding in which the judge’s impartiality*

might reasonably be questioned, including but not limited to the following circumstances:

(1) The judge has a personal bias or prejudice concerning a party or a party’s lawyer, or

personal knowledge* of facts that are in dispute in the proceeding.

(2) The judge knows* that the judge, the judge’s spouse or domestic partner,* or a person

within the third degree of relationship* to either of them, or the spouse or domestic partner of

such a person is:

he following circumstances:

(1) The judge has a personal bias or prejudice concerning a party or a party’s lawyer, or

personal knowledge* of facts that are in dispute in the proceeding.

(2) The judge knows* that the judge, the judge’s spouse or domestic partner,* or a person

within the third degree of relationship* to either of them, or the spouse or domestic partner of

such a person is:

(a) a party to the proceeding, or an officer, director, general partner, managing member, or

trustee of a party;

(b) acting as a lawyer in the proceeding;

by the proceeding; or

(d) likely to be a material witness in the proceeding.

(3) The judge knows that they, individually or as a fiduciary,* or the judge’s spouse,

domestic partner, parent, or child, or any other member of the judge’s family residing in the

judge’s household,* have an economic interest* in the subject matter in controversy or in a party

to the proceeding.

(4) [Reserved.]

(5) The judge, while a judge or a judicial candidate,* has made a public statement, other

than in a court proceeding, judicial decision, or opinion, that commits the judge to reach a

particular result or rule in a particular way in the proceeding or controversy.

(6) The judge:

(a) served as a lawyer in the matter in controversy, or was associated with a lawyer who

participated substantially as a lawyer or a material witness in the matter during such association;

(b) served in governmental employment, and in such capacity participated personally and

substantially as a public official concerning the proceeding, or has publicly expressed in such

capacity an opinion concerning the merits of the particular matter in controversy;

s a lawyer or a material witness in the matter during such association;

(b) served in governmental employment, and in such capacity participated personally and

substantially as a public official concerning the proceeding, or has publicly expressed in such

capacity an opinion concerning the merits of the particular matter in controversy;

(d) previously presided as a judge over the matter in another court.

(B) A judge shall keep informed about the judge’s personal and fiduciary economic

interests, and make a reasonable effort to keep informed about the personal economic interests of

the judge’s spouse or domestic partner and minor children residing in the judge’s household.

of withdrawing from the proceeding, disclose on the record the basis of the disqualification. If,

based on such disclosure, the parties and lawyers, independently of the judge's participation, all

agree in writing or on the record that the judge's relationship is immaterial or that the judge's

economic interest is de minimis, the judge is no longer disqualified, and may participate in the

proceeding. When a party is not immediately available, the judge may proceed on the assurance

of the lawyer that the party's consent will be subsequently given.

(D) A judge may self-disqualify if the judge learns by means of a timely motion by a party

that an adverse party has provided financial support for any of the judge’s judicial election

campaigns within the last six years in an amount that causes the judge to conclude that their

impartiality might reasonably be questioned. In making this determination the judge should

consider:

(1) the total amount of financial support provided by the party relative to the total amount

of the financial support for the judge’s election,

(2) the timing between the financial support and the pendency of the matter, and

years in an amount that causes the judge to conclude that their

impartiality might reasonably be questioned. In making this determination the judge should

consider:

(1) the total amount of financial support provided by the party relative to the total amount

of the financial support for the judge’s election,

(2) the timing between the financial support and the pendency of the matter, and

(3) any additional circumstances pertaining to disqualification.

Comments

[1] Under this Rule, a judge is disqualified whenever the judge’s impartiality might

reasonably be questioned, regardless of whether any of the specific provisions of paragraphs

(A)(1) through (5) apply. In many jurisdictions in Washington, the term “recusal” is used

interchangeably with the term “disqualification.”

[2] A judge’s obligation not to hear or decide matters in which disqualification is required

applies regardless of whether a motion to disqualify is filed.

[3] The rule of necessity may override the rule of disqualification. For example, a judge

might be required to participate in judicial review of a judicial salary statute, or might be the only

judge available in a matter requiring immediate judicial action, such as a hearing on probable

cause or a temporary restraining order. In matters that require immediate action, the judge must

disclose on the record the basis for possible disqualification and make reasonable efforts to

transfer the matter to another judge as soon as practicable.

[4] The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative

of the judge is affiliated does not itself disqualify the judge. If, however, the judge’s impartiality

might reasonably be questioned under paragraph (A), or the relative is known by the judge to

have an interest in the law firm that could be substantially affected by the proceeding under

paragraph (A)(2)(c), the judge’s disqualification is required

liated with a law firm with which a relative

of the judge is affiliated does not itself disqualify the judge. If, however, the judge’s impartiality

might reasonably be questioned under paragraph (A), or the relative is known by the judge to

have an interest in the law firm that could be substantially affected by the proceeding under

paragraph (A)(2)(c), the judge’s disqualification is required.

[5] A judge should disclose on the record information that the judge believes the parties or

their lawyers might reasonably consider relevant to a possible motion for disqualification, even if

the judge believes there is no basis for disqualification.

[6] “Economic interest,” as set forth in the Terminology section, means ownership of more

than a de minimis legal or equitable interest. Except for situations in which a judge participates

in the management of such a legal or equitable interest, or the interest could be substantially

affected by the outcome of a proceeding before a judge, it does not include:

(a) an interest in the individual holdings within a mutual or common investment fund;

(b) an interest in securities held by an educational, religious, charitable, fraternal, or civic

organization in which the judge or the judge’s spouse, domestic partner, parent, or child serves as

a director, officer, advisor, or other participant;

maintain as a member of a mutual savings association or credit union, or similar proprietary

interests; or

eligious, charitable, fraternal, or civic

organization in which the judge or the judge’s spouse, domestic partner, parent, or child serves as

a director, officer, advisor, or other participant;

maintain as a member of a mutual savings association or credit union, or similar proprietary

interests; or

(d) an interest in the issuer of government securities held by the judge.

[7] [Reserved.]

[8] [Reserved.]

RULE 2.12. Supervisory Duties

(A) A judge shall require court staff, court officials, and others subject to the judge’s

direction and control to act with fidelity and in a diligent manner consistent with the judge’s

obligations under this Code.

(B) A judge with supervisory authority for the performance of other judges shall take

reasonable measures to ensure that those judges properly discharge their judicial responsibilities,

including the prompt disposition of matters before them.

Comments

[1] A judge is responsible for their own conduct and for the conduct of others, such as staff,

when those persons are acting at the judge’s direction or control. A judge may not direct court

personnel to engage in conduct on the judge’s behalf or as the judge’s representative when such

conduct would violate the Code if undertaken by the judge.

[2] Public confidence in the judicial system depends upon timely justice. To promote the

efficient administration of justice, a judge with supervisory authority must take the steps needed

to ensure that judges under their supervision administer their workloads promptly.

RULE 2.13. Administrative Appointments

(A) In making administrative appointments, a judge:

(1) shall exercise the power of appointment impartially* and on the basis of merit; and

ly justice. To promote the

efficient administration of justice, a judge with supervisory authority must take the steps needed

to ensure that judges under their supervision administer their workloads promptly.

RULE 2.13. Administrative Appointments

(A) In making administrative appointments, a judge:

(1) shall exercise the power of appointment impartially* and on the basis of merit; and

(2) shall avoid nepotism and unnecessary appointments.

(B) A judge shall not appoint a lawyer to a position under circumstances where it would be

reasonably to be interpreted to be quid pro quo for campaign contributions or other favors,

unless:

(1) the position is substantially uncompensated;

(2) the lawyer has been selected in rotation from a list of qualified and available lawyers

compiled without regard to their having made political contributions; or

(3) the judge or another presiding or administrative judge affirmatively finds that no other

lawyer is willing, competent, and able to accept the position.

rendered.

Comments

[1] Appointees of a judge include assigned counsel, officials such as referees,

commissioners, special masters, receivers, and guardians, and personnel such as clerks,

secretaries, and bailiffs. Consent by the parties to an appointment or an award of compensation

does not relieve the judge of the obligation prescribed by paragraph (A).

[2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative

within the third degree of relationship of either the judge or the judge’s spouse or domestic

partner, or the spouse or domestic partner of such relative.

RULE 2.14

by the parties to an appointment or an award of compensation

does not relieve the judge of the obligation prescribed by paragraph (A).

[2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative

within the third degree of relationship of either the judge or the judge’s spouse or domestic

partner, or the spouse or domestic partner of such relative.

RULE 2.14. Disability and Impairment

A judge having a reasonable belief that the performance of a lawyer or another judge is

impaired by drugs or alcohol, or by a mental, emotional, or physical condition, shall take

appropriate action, which may include a confidential referral to a lawyer or judicial assistance

program.

Comments

[1] “Appropriate action” means action intended and reasonably likely to help the judge or

lawyer in question address the problem and prevent harm to the justice system. Depending upon

the circumstances, appropriate action may include but is not limited to speaking directly to the

impaired person, notifying an individual with supervisory responsibility over the impaired

person, or making a referral to an assistance program.

[2] Taking or initiating corrective action by way of referral to an assistance program may

satisfy a judge’s responsibility under this Rule. Assistance programs have many approaches for

offering help to impaired judges and lawyers, such as intervention, counseling, or referral to

appropriate health care professionals. Depending upon the gravity of the conduct that has come

to the judge’s attention, however, the judge may be required to take other action, such as

reporting the impaired judge or lawyer to the appropriate authority, agency, or body. See Rule

2.15.

oaches for

offering help to impaired judges and lawyers, such as intervention, counseling, or referral to

appropriate health care professionals. Depending upon the gravity of the conduct that has come

to the judge’s attention, however, the judge may be required to take other action, such as

reporting the impaired judge or lawyer to the appropriate authority, agency, or body. See Rule

2.15.

RULE 2.15. Responding to Judicial and Lawyer Misconduct

(A) A judge having knowledge* that another judge has committed a violation of this Code

that raises a substantial question regarding the judge’s honesty, trustworthiness, or fitness as a

judge in other respects should inform the appropriate authority.*

(B) A judge having knowledge that a lawyer has committed a violation of the Rules of

Professional Conduct that raises a substantial question regarding the lawyer’s honesty,

trustworthiness, or fitness as a lawyer in other respects should inform the appropriate authority.

another judge has committed a violation of this Code should take appropriate action.

(D) A judge who receives credible information indicating a substantial likelihood that a

lawyer has committed a violation of the Rules of Professional Conduct should take appropriate

action.

Comments

[1] Judges are not required to report the misconduct of other judges or lawyers. Self-

regulation of the legal and judicial professions, however, creates an aspiration that judicial

officers report misconduct to the appropriate disciplinary authority when they know of a serious

violation of the Code of Judicial Conduct or the Rules of Professional Conduct. An apparently

isolated violation may indicate a pattern of misconduct that only a disciplinary violation can

uncover. Reporting a violation is especially important where the victim is unlikely to discover

the offense

officers report misconduct to the appropriate disciplinary authority when they know of a serious

violation of the Code of Judicial Conduct or the Rules of Professional Conduct. An apparently

isolated violation may indicate a pattern of misconduct that only a disciplinary violation can

uncover. Reporting a violation is especially important where the victim is unlikely to discover

the offense.

[2] While judges are not obliged to report every violation of the Code of Judicial Conduct

or the Rules of Professional Conduct, the failure to report may undermine the public confidence

in legal profession and the judiciary. A measure of judgment is, therefore, required in deciding

whether to report a violation. The term “substantial” refers to the seriousness of the possible

offense and not the quantum of evidence of which the judge is aware. A report should be made

when a judge or lawyer’s conduct raises a serious question as to the honesty, trustworthiness, or

fitness as a judge or lawyer.

[3] Appropriate action under sections (C) and (D) may include communicating directly

with the judge, or lawyer who may have violated the Code of Judicial Conduct or the Rules of

Professional Conduct, communicating with a supervising judge or reporting the suspected

violation to the appropriate authority or other authority or other agency or body.

[4] Information about a judge’s or lawyer’s conduct may be received by a judge in the

course of that judge’s participation in an approved lawyers or judges assistance program. In that

circumstance there is no requirement or aspiration of reporting (APR 19(b) and DRJ 14(e)).

RULE 2.16. Cooperation with Disciplinary Authorities

(A) A judge shall cooperate and be candid and honest with judicial and lawyer disciplinary

agencies.

(B) A judge shall not retaliate, directly or indirectly, against a person known* or suspected

to have assisted or cooperated with an investigation of a judge or a lawyer.

Comment

aspiration of reporting (APR 19(b) and DRJ 14(e)).

RULE 2.16. Cooperation with Disciplinary Authorities

(A) A judge shall cooperate and be candid and honest with judicial and lawyer disciplinary

agencies.

(B) A judge shall not retaliate, directly or indirectly, against a person known* or suspected

to have assisted or cooperated with an investigation of a judge or a lawyer.

Comment

[1] Cooperation with investigations and proceedings of judicial and lawyer disciplinary

agencies, as required in paragraph (A), instills confidence in judges’ commitment to the integrity

of the judicial system and the protection of the public.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.