Comment
[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] It is not a violation of this Rule for a judge to make reasonable accommodations to ensure pro se litigants the opportunity to have their matters fairly heard.
[5] A judge’s responsibility to promote access to justice, especially in cases involving self-represented litigants, may warrant the exercise of discretion by using techniques that enhance the process of reaching a fair determination in the case. Although the appropriate scope of such discretion and how it is exercised will vary with the circumstances of each case, a judge’s exercise of such discretion will not generally raise a reasonable question about the judge’s impartiality. Reasonable steps that a judge may take, but in no way is required to take, include:
(a) Construe pleadings to facilitate consideration of the issues raised.
(b) Provide information or explanation about the proceedings.
(c) Explain legal concepts in everyday language.
(d) Ask neutral questions to elicit or clarify information.
(e) Modify the traditional order of taking evidence.
(f) Permit narrative testimony.
(g) Refer litigants to any resources available to assist in the preparation of the case or enforcement and compliance with any order.
(h) Inform litigants what will be happening next in the case and what is expected of them.
