Application

The Application section establishes when the various Rules apply to a judge or judicial candidate.

(A) JUDGE. All judges shall comply with this Code except as provided below.

(B) CONTINUING PART-TIME JUDGE. A continuing part-time judge:

(1) is not required to comply

(a) except while serving as a judge, with Rules 2.10(A) and 2.10(B) (Judicial Statements on Pending and Impending Cases);

(b) at any time with Rules 3.4 (Appointments to Governmental Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practice of Law), and 3.11(B) (service as officer, director, or in other capacity in business entity)

(c) except while serving as a judge or seeking appointment, confirmation, retention, election, or re-election as a judge, with Rule 4.1.

(2) shall not act as a lawyer in any case in any unit of the division of the court in which the judge serves or in any unit in any division of the superior court in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.

(3) shall not use any office, chambers, and hearing rooms provided to the judge for official duties to practice law.

(C) PERIODIC PART-TIME JUDGE. A periodic part-time judge:

(1) is not required to comply

(a) except while serving as a judge, with Rules 1.1, 1.2, 2.10 and 3.2;

(b) at any time with Rules 3.4, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11(B), 3.11(C), 3.12, 3.13, 3.15, 4.1 and 4.2.

(2) should refrain from judicial service during the period of an extrajudicial appointment not permitted by Rule 3.4 or 3.7.

(3) shall not act as a lawyer in a proceeding in which he or she has served as a periodic part-time judge or in any other proceeding related thereto.

(D) EFFECTIVE DATE; TIME FOR COMPLIANCE. This Code takes effect on October 6, 2019. All persons to whom this Code is applicable on that date shall comply immediately with all provisions of this Code. All persons to whom this Code thereafter becomes applicable shall comply immediately with all provisions of this Code except Sections 3.8 and 3.11 and shall comply with those sections as soon as reasonably possible.

(E) TITLE. This Code may be known and cited as the Vermont Code of Judicial Conduct.