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Iowa Code Jud. Conduct 51:1.3

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Rule 51:1.3 Avoiding Abuse of the Prestige of Judicial Office

Canon 1: A Judge Shall Uphold and Promote the Independence, Integrity, and Impartiality of the Judiciary and Shall Avoid Impropriety and the Appearance of Impropriety

← Previous Rule 51:1.2: Promoting Confidence in the Judiciary Next → Rule 51:2.1: Giving Precedence to the Duties of Judicial Office

Rule Text

A judge shall not abuse the prestige of judicial office to advance the personal or economic interests* of the judge or others, or allow others to do so.

Amendment history: Court Order April 30, 2010, effective May 3, 2010

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 cannot use their position to get special treatment or benefits for themselves or other people. This means a judge should not drop hints about being a judge to get out of a traffic ticket, get a discount, or gain some other personal advantage. It also means a judge cannot let family members, friends, or associates use the judge's title or position to benefit themselves.

The idea behind this rule is simple. A judge's authority and reputation come from the public's trust in the court system. That trust gets damaged if a judge trades on their title for personal gain, or looks the other way while someone else does it on their behalf. Judges are expected to hold their office as a public trust, not as a personal tool for favors or perks.

This rule also covers indirect situations. For example, a judge cannot write a character reference on official court letterhead just to help a friend in an unrelated legal matter, because that uses the weight of the judicial office in a way that is not appropriate. The rule is meant to keep the line clear between a judge's public duties and any private interests.

Committee Notes

[1] It is improper for a judge to use or attempt to use his or her position to gain personal advantage or deferential treatment of any kind. For example, it would be improper for a judge to allude to his or her judicial status to gain favorable treatment in encounters with traffic officials. Similarly, a judge must not use judicial letterhead to gain an advantage in conducting his or her personal business.

[2] A judge may provide a reference or recommendation for an individual based upon the judge’s personal knowledge. The judge may use official letterhead for such reference or recommendation. Except as provided in comment 3 or as a member of a nominating commission under Iowa Code chapter 46, a judge should not provide a reference or recommendation for a person seeking appointment to judicial office. This rule does not prohibit an applicant from listing a judge as a reference when seeking appointment to judicial office.

[3] Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees and by responding to specific inquiries from such entities concerning the professional qualifications of a person being considered for judicial office.

[4] Special considerations arise when judges write or contribute to publications of for-profit entities, whether related or unrelated to the law. A judge should not permit anyone associated with the publication of such materials to exploit the judge’s office in a manner that violates this rule or other applicable law. In contracts for publication of a judge’s writing, the judge should retain sufficient control over the advertising to avoid such exploitation.

← Previous Rule 51:1.2: Promoting Confidence in the Judiciary Next → Rule 51:2.1: Giving Precedence to the Duties of Judicial Office