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ABA Model Code of Judicial Conduct ( Edition). The Model Code of Judicial Conduct was adopted by the House of Delegates of the American Bar.
Table of contents

• What Is the Code of Conduct for United States Judges?
• Contact Information
• Judicial Ethics Committee
• Model Code of Judicial Conduct
• THE CODE OF JUDICIAL CONDUCT - CHAN ROBLES VIRTUAL LAW LIBRARY

In this capacity, judges may assume a more interactive role with parties, treatment providers, probation officers, social workers, and others. Such consultations are not subject to the restrictions of paragraph A 2. Judicial Statements on Pending and Impending Cases. 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.

The agreement shall be incorporated into the record of the proceeding. For example, if a judge were in the process of negotiating for employment with a law firm, the judge would be disqualified from any matters in which that law firm appeared, unless the disqualification was waived by the parties after disclosure by the judge. 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. A judge making such a disclosure should, where practicable, follow the procedure set forth in Rule 2. 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:.

To promote the efficient administration of justice, a judge with supervisory authority must take the steps needed to ensure that judges under his or her supervision administer their workloads promptly. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by paragraph A.

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. 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.

Assistance programs have many approaches for offering help to impaired judges and lawyers, such as intervention, counseling, or referral to appropriate health care professionals. Responding to Judicial and Lawyer Misconduct. Paragraphs A and B impose an obligation on the judge to report to the appropriate disciplinary authority the known misconduct of another judge or a lawyer that raises a substantial question regarding the honesty, trustworthiness, or fitness of that judge or lawyer. This Rule limits the reporting obligation to those offenses that an independent judiciary must vigorously endeavor to prevent.

Appropriate action may include, but is not limited to, communicating directly with the judge who may have violated this Code, communicating with a supervising judge, or reporting the suspected violation to the appropriate authority or other agency or body.

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Similarly, actions to be taken in response to information indicating that a lawyer has committed a violation of the Nevada Rules of Professional Conduct may include but are not limited to communicating directly with the lawyer who may have committed the violation or reporting the suspected violation to the appropriate authority or other agency or body.

Cooperation With Disciplinary Authorities. Extrajudicial Activities in General. A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:. Judges are uniquely qualified to engage in extrajudicial activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching, or participating in scholarly research projects.

In addition, judges are permitted and encouraged to engage in educational, religious, charitable, fraternal, or civic extrajudicial activities not conducted for profit, even when the activities do not involve the law. Examples include jokes or other remarks that demean individuals based upon their race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, or socioeconomic status. A judge shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except:.

A judge may actively support public agencies or interests or testify on public matters concerning the law, the legal system, the provision of legal services, and the administration of justice. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid using the prestige of judicial office. Testifying as a Character Witness. A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned.

See Rule 1. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness. A judge may voluntarily appear and testify as to the character of the bar applicant, attorney, or judge who is the focus of those proceedings.

Appointments to Governmental Positions. A judge shall not accept appointment to a governmental committee, board, commission, or other governmental position, unless it is one that concerns the law, the legal system, or the administration of justice.

Such representation does not constitute acceptance of a government position. Use of Nonpublic Information. The judge must not reveal or use such information for personal gain or for any purpose unrelated to his or her judicial duties.

Affiliation With Discriminatory Organizations. Whether an organization practices invidious discrimination is a complex question to which judges should be attentive. If the event does not concern the law, the legal system, or the administration of justice, the judge must also be a member of the organization or have had a close association with the organization or the event being celebrated;.

Contact Information

The judge, however, should not use his or her title when serving on any such committee, unless comparable designations are listed for other persons. Paragraph A 3 precludes a judge from soliciting membership for any organization or entity except those concerned with the law, the legal system, or the administration of justice. Such encouragement may take many forms, including providing lists of available programs, training lawyers to do pro bono publico legal work, and participating in events recognizing lawyers who have done pro bono publico work.

A judge may assist an organization in recruiting attorneys so long as the recruitment effort cannot reasonably be perceived as coercive. Similarly, this Rule does not preclude a judge from requesting an attorney to accept pro bono representation of a party in a proceeding pending before the judge. For example, serving as a fiduciary might require frequent disqualification of a judge under Rule 2. Service as Arbitrator or Mediator. Rendering dispute resolution services apart from those duties, whether or not for economic gain, is prohibited unless it is expressly authorized by law.

Practice of Law. Unless otherwise permitted by law, a judge shall not practice law.

Judicial Ethics Committee

Financial, Business, or Remunerative Activities. Participation in these activities, like participation in other extrajudicial activities, is subject to the requirements of this Code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with the performance of judicial duties. Similarly, it would be improper for a judge to use his or her official title or appear in judicial robes in business advertising, or to conduct his or her business or financial affairs in such a way that disqualification is frequently required.

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• Code Of Judicial Conduct.

Compensation for Extrajudicial Activities. A judge may, however, accept reimbursement for expenses incurred in connection with speaking engagements as provided in Rule 3. The judge should be mindful, however, that judicial duties must take precedence over other activities. Rule 3. As the value of the benefit or the likelihood that the source of the benefit will appear before the judge increases, the judge is either prohibited under paragraph A from accepting the gift or required under paragraph C to publicly report it.

Paragraph B 2 places no restrictions upon the ability of a judge to accept gifts or other things of value from friends or relatives under these circumstances and does not require public reporting. A judge may freely accept such benefits if they are available to the general public or if the judge qualifies for the special price or discount according to the same criteria as are applied to persons who are not judges.

As an example, loans provided at generally prevailing interest rates are not gifts, but a judge could not accept a loan from a financial institution at below-market interest rates unless the same rate was being made available to the general public for a certain period of time or only to borrowers with specified qualifications that the judge also possesses. Where the gift or benefit is being made primarily to such other persons, and the judge is merely an incidental beneficiary, this concern is reduced.

A judge should, however, remind family and household members of the restrictions imposed upon judges and urge them to take these restrictions into account when making decisions about accepting such gifts or benefits.

Such contributions are governed by other Rules of this Code, including Rules 4. Reimbursement of Expenses and Waivers of Fees or Charges. Judges are encouraged to attend educational programs, as both teachers and participants, in law-related and academic disciplines, in furtherance of their duty to remain competent in the law. Participation in a variety of other extrajudicial activity is also permitted and encouraged by this Code.

The judge must undertake a reasonable inquiry to obtain the information necessary to make an informed judgment about whether acceptance would be consistent with the requirements of this Code. The factors that a judge should consider when deciding whether to accept reimbursement or a fee waiver for attendance at a particular activity include:. A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

General Considerations. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case.