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Rule 3.3 3: Testifying as a Character Witness

Canon 3: A Judge Shall Conduct the Judge’s Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office

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Rule Text

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.

Amendment history: Effective January 1, 2009

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Judges are not allowed to testify as character witnesses in court cases or other legal proceedings. This means a judge cannot go to court and speak up for someone's good character or reputation, even if they know the person well.

The only exception is if the judge gets officially summoned to testify. In that case, they can appear as required by law.

The idea behind this rule is to keep judges neutral and separate from cases in ways that could look unfair. If judges could freely offer opinions about people's character, it might seem like they are using their position and authority to help friends, colleagues, or people they favor. This rule helps keep the justice system looking fair and unbiased.

Committee Notes

Comment

[1] A judge who, without being subpoenaed, testifies as a character witness abuses the prestige of judicial office to advance the interests of another. See Rule 1.3. 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.

[2] This Rule does not prohibit judges from writing letters of recommendation in non-adjudicatory proceedings pursuant to Rule 1.3, Comments [2] and [3].

[3] This Rule applies to attorney and judicial disciplinary proceedings, including reinstatements.

← Previous Rule 3.2: 2: Appearances before Governmental Bodies and Consultation with Government Officials Next → Rule 3.4: 4: Appointments to Governmental Positions

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Last updated: August 2026

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