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W. Va. Code Jud. Conduct 1.2

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Rule 1.2 Confidence in the Judiciary

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 1.1: Compliance With the Law Next → Rule 1.3: Avoiding Abuse of the Prestige of Judicial Office

Rule Text

A judge shall act at all times in a manner that promotes public confidence in the independence,* integrity,* and impartiality* of the judiciary, and shall avoid impropriety and the appearance of impropriety.

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 have to act in a way that makes the public trust the court system. This means acting fairly, honestly, and independently, both on and off the bench. A judge should not let outside pressure, personal relationships, or favors affect how they do their job.

This rule also says judges must avoid doing anything that looks improper, even if it is not technically against the rules. If a judge's actions would make a reasonable person question their honesty or fairness, that is a problem. The idea is that judges need to earn and keep public trust, so people believe the courts treat everyone fairly.

This matters to regular people because it means judges are held to a high standard both in the courtroom and in their personal lives. If a judge does something that creates doubt about their fairness, even outside of work, it can affect how much people trust their rulings.

Committee Notes

COMMENT

[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge.

[2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the Code.

[3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the Rule is necessarily cast in general terms.

[4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all.

[5] Actual improprieties include violations of law, court rules or provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge.

[6] A judge should initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this Code.

Clerk's Notes on Rule 1.2

Rule 1.2 and its comment are based entirely on the 2007 Model Code.

← Previous Rule 1.1: Compliance With the Law Next → Rule 1.3: Avoiding Abuse of the Prestige of Judicial Office