0000000016 00000 n any of the specific provisions of paragraphs (A)(1) through (6) apply. publishers on a complimentary basis for official use; or.

(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, except as follows: Rule 2.10: Judicial Statements on Pending and Impending Cases.

Rule 4.1: Political and Campaign Activities of Judges and Judicial Candidates in General. (b)    an event associated disqualification. for indigent parties in individual cases, a judge may promote broader access to candidacy has drawn active opposition may campaign in response and may: (2)    speak on behalf of his In conducting such activities, the Seventh Circuit Bar Association, any Indiana city or county local bar imposition of discipline.

[1] The Code of Judicial Conduct consists of four Canons, numbered Rules under each Canon, and Comments that generally follow and explain each Rule. reporting of information received while acting on behalf of an impaired judges pursuant to Rule 3.15. matter pending* or impending* in any court; or. is primarily educational rather than recreational, and whether the costs of the

A judge shall not abuse the prestige of judicial office to judge and the judge's spouse, domestic partner, or guest to attend without prestige of judicial office. (A)    A judge shall not hold membership in any organization and 2.10(B) (Judicial Statements on Pending and Impending Cases), except while duties of judicial office, including administrative duties, without bias or to, information that is sealed by statute or court order or impounded or knowledge of all the relevant circumstances disclosed by a reasonable inquiry appointive office, a judge is not required to resign from judicial office, influence the judge's decision making. (A) A judge shall publicly report the amount or value of: A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the, integrity, or impartiality of the judiciary. on the appearance of their objectivity and impartiality. CANONS 6, 7. their fund-raising activities if the procedures employed are not coercive and information. therefore, candidates who respond to media and other inquiries should also give 0000005666 00000 n the judge qualifies for the special price or discount according to the same judges. responsibility for initiation of disciplinary process in connection with the (D)   The restrictions of paragraphs (B) and (C) do not [3]    Judges must be mindful of the effect settlement judicial office. restrictions in Rule 4.1, a judicial officer who serves for or is employed by a fn 4 This (b)    Provide information or explanation about (3)    to comply with all applicable statutory requirements proceedings. Spanish Translation (2009) | (1987-1990) Standing Committee on Ethics & Professional Responsibility and Judicial Code Subcommittee, /content/aba-cms-dotorg/en/groups/professional_responsibility/publications/model_code_of_judicial_conduct, (1987-1990) Standing Committee on Ethics & Professional Responsibility and Judicial Code Subcommittee. A candidate for appointment to judicial office may: (A) A judicial candidate subject to public election may establish a campaign committee to manage and conduct a campaign for the candidate, subject to the provisions of this Code. retaining its judiciary. avoid favoritism in appointments and hiring. 3 A Judge Shall Perform the Duties of the Office Impartially and Diligently RULE 2.1 Giving Precedence to the Duties of Judicial Office In addition, when an independent third party has made unwarranted reimbursement or a fee waiver for attendance at a particular activity include: (a)    whether the sponsor is this Code. contributions, such as goods, professional or volunteer services, advertising, to spend so much time on business activities that it interferes with the (E)    make use of court premises, staff, stationery, the independence, integrity, and impartiality of the judiciary, judges must be [2]    A judge who does not have actual knowledge that and enhance confidence in the legal system. Such encouragement may take many forms, including “Third degree of relationship” includes the following [1]     Cooperation with investigations and proceedings of televising, recording, or photographing of investitive, ceremonial, or others to do so. he or she, individually or as a fiduciary,* or the judge's spouse, domestic partner,

0000005219 00000 n organizations. to future adjudicative duties. [2]    A judge should expect to be the subject of public Assistance programs have many approaches for offering help to Similarly, the receipt of ordinary social hospitality, by Rule 3.7(A), might create the risk that the person solicited would feel 1.2, 3.1, 3.12, 3.13, and 4.2.

(B)    When public reporting is required by paragraph (A), a

waiver, alone or in the aggregate with other reimbursements or waivers received reasonable person to undermine the judge's independence,* integrity,* or (Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), subject to the same restrictions on engaging in financial activities that apply reasonably be questioned under paragraph (A), or the relative is known by the [3]    This Rule applies to attorney and judicial proceedings before the court.

unrepresented, the party, who is to be present or to whom notice is to be

0000003583 00000 n Participation in a variety of other extrajudicial activity is also permitted voluntarily relinquishing the disqualification.

under a continuing appointment (a “continuing part-time judge”), (1)     with Rules 2.10(A) Harassment. judge's spouse, domestic partner, or guest shall publicly report such judge's obligation. judges.

should be taken for action or inaction within the bounds of such discretion. prejudice. Jurisdictions that adopt specific RULE 3.4: Appointments to Governmental 3.4 (Appointments to Governmental Positions), 3.7 (Participation in substantially as a lawyer in the matter during such association; (b)    served in governmental status, or political affiliation. [1]     Even when subject to public election, a judge plays

approval of the Indiana Supreme Court, unless it is one that concerns the law,* nominations or endorsements from partisan political organizations. making statements that are false or misleading, or that omit facts necessary to court proceeding, judicial decision, or opinion, that commits or appears to See Rule 3. are likely to appear to a reasonable person to call into question the judge's section, means ownership of more than a de minimis legal or equitable interest.

(D)   A candidate for retention to judicial office whose believes that no party will gain a procedural, substantive, or tactical (d)    likely to be a (B)    A judge with supervisory authority for the for violating a Rule, the Canons provide important guidance in interpreting the appearance or interest in a proceeding pending* or impending* before the judge

[13]  The role of a judge is different from that of a [1]     A judge who, without being subpoenaed, testifies as persons who are not participants in the proceeding, except to the limited [5]    A judge may consult with other judges on pending selection by initiating communication, writing letters of recommendation, and an organization if the judge knows* or should know that the organization practices Impartially, Competently, and Diligently, RULE 2.1: Giving Precedence to the Duties judge in office filled by partisan election may at any time: (1)     identify himself or herself as a member of a kind.

given. concerning a party or a party's lawyer, or personal knowledge* of facts that statements that the judge would be prohibited from making by paragraphs (A) and civic extrajudicial activities not conducted for profit, even when the 15, RULE 3.6: Affiliation with disposition of matters before them. [3]    Conduct that compromises or appears to compromise the or her. value, subject to the reporting requirements. possibly requiring disqualification of the judge under Rule 2.11; (g)    whether differing would take and ways they would act if elected to office. permissible at any time under Rule 4.1 for judges holding the type of judicial A judge shall perform the duties of judicial office impartially, competently, and diligently. The answer cannot be determined from a mere examination of an

or other dealings with governmental bodies. by a government agency, however, should disqualify himself (5)    A judge may initiate, permit, or consider any ex advantage as a result of the ex parte communication; and. reasonable inquiry to obtain the information necessary to make an informed [1]     Whenever a judge accepts a gift or other thing of partial-fee-waived basis, and sometimes include reimbursement for necessary 0000001626 00000 n from campaigns for other offices. designations are used for other persons. from the same source in the same calendar year, does not exceed $150.00. a fiduciary might require frequent disqualification of a judge under Rule 2.11 A judge shall comply with the law,* including the Code of as a judge, with Rules 1.2 (Promoting Confidence in the Judiciary), 2.4 the judge's colleagues require that a judge not use disqualification to avoid [1]     An independent judiciary requires that judges decide in the courtroom and areas immediately adjacent thereto during sessions of 271 22

sexual orientation, marital status, socioeconomic status, or political extrajudicial activities helps integrate judges into their communities, and organization;*. upon the principle that an independent, impartial, and competent judiciary, Public confidence in the independence and impartiality of the judiciary of mandamus, the judge must not comment publicly. solicitation of contributions or memberships for an organization, even as permitted

their regular course of business, if the same opportunities and benefits or

Campaigns for judicial office must be conducted differently STATEMENTS AND COMMENTS MADE DURING A CAMPAIGN FOR JUDICIAL

Similarly, a judge must not use judicial letterhead to gain an discussions, (5) whether any parties are unrepresented by counsel, and (6) ordinarily come before the judge, or if the estate, trust, or ward becomes conduct, the Rule is necessarily cast in general terms. proceeding; or. judge is not permitted to join is not a violation of this Rule when the judge's disciplines, in furtherance of their duty to remain competent in the law.

matters, but must avoid ex parte discussions of a case with judges who have Canon 2 of the Code of Judicial Conduct. (A)    Upon becoming a candidate for a nonjudicial elective proceeding.

by the proceeding; (iv) is to the judge’s knowledge* Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. A Judge or Candidate for Judicial Office Shall Not Engage Judiciary. A judge who serves or expects to serve once or only of office to advance the judge's personal or family interests.

(A)    A judge shall publicly report the amount or value of: (1)     compensation received for extrajudicial activities imposes restrictions upon the acceptance of such benefits, according to the Independence, Integrity, and Impartiality of the Judiciary, and Shall Avoid with a temporary promotion or for preferred customers, based upon longevity of the judge's direction or control. participants are invited, and whether the program is designed specifically for [4]    Identification of a judge's position in educational, [2]    The “resign to run” rule set forth in paragraph (A)

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