Preamble

An independent, fair, competent, and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, fair, competent, and impartial judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. The judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in the rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the justice system.

Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, integrity, fairness, and competence.

The Code of Judicial Conduct establishes standards for the ethical conduct of judges and judicial candidates. It is not intended as an exhaustive guide for the conduct of judges and judicial candidates, who are governed in their judicial and personal conduct by general ethical standards as well as by the Code. The Code is intended, however, to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through disciplinary agencies.

The Code of Judicial Conduct consists of five Canons, Canons 1, 2, 3, 4, and 6. Canon 6 is generally unchanged from current Canon 6. There is no Canon 5. Numbered Rules appear under each Canon. The Terminology section provides additional guidance in interpreting and applying the Code.

The Canons state overriding principles of judicial ethics that all judges must observe. Although a judge may be disciplined only for violating a Rule or the Canons, supporting Advisory Notes provide important guidance in interpreting the Rules. When a Rule contains a permissive term, such as “may” or “should,” the conduct being addressed is committed to the personal and professional discretion of the judge or candidate in question, and no disciplinary action is authorized for action or inaction within the bounds of such discretion.

To implement fully the principles of this Code as articulated in the Canons, judges should strive to exceed the standards of conduct established by the Rules, holding themselves to the highest ethical standards and seeking to achieve those aspirational goals, thereby enhancing the dignity of the judicial office.

This Code sets forth rules of reason that should be applied consistent with constitutional requirements, statutes, other court rules, and decisional law, and with due regard for all relevant circumstances. The Code is not to be construed or applied in any manner that would impinge upon the essential independence of judges in making judicial decisions.

The Code is designed to provide standards for the regulation of judicial conduct through disciplinary proceedings when necessary. Although the black letter of the Rule is binding and enforceable when using terms such as “shall” or “must,” it is not contemplated that every transgression will result in the imposition of discipline. Whether discipline is warranted should be determined through a reasonable and reasoned application of the Rules, with consideration given to the seriousness of the transgression, the extent of any pattern of improper activity, any history of previous violations, and the effect of the improper activity upon the judicial system or others.

The Code does not establish any basis for civil or criminal liability. Nor is it intended to be the basis for litigants to seek collateral remedies against each other or to obtain tactical advantages in proceedings before a court.