Rule 2.10 Judicial Statements on Pending and Impending Cases
Canon 2. A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently
Rule Text
(a) A judge shall not make any public statement that might 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 might 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.
(c) A judge shall require court staff, court officials, and others subject to the judge’s immediate direction and direct control to refrain from making statements that the judge would be prohibited from making by Rule 2.10(a) and Rule 2.10(b).
(d) Subject to the restrictions in Rule 2.10(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 Rule 2.10(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. A judge shall not discuss the rationale for a decision unless the judge is relating what was already made part of the public record.
Code Comparison
The Hawaiʻi Revised Code of Judicial Conduct modifies ABA Model Code Rule 2.10(E) by adding the provision restricting a judge’s response to relating what is already part of the public record.