Home › West Virginia › West Virginia Code of Judicial Conduct › Rule 2.2

Court Rules Network • courtrules.net

W. Va. Code Jud. Conduct 2.2

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 2.2 Impartiality and Fairness

Canon 2: A Judge Shall Perform The Duties Of Judicial Office Impartially, Competently, And Diligently

← Previous Rule 2.1: Giving Precedence to the Duties of Judicial Office Next → Rule 2.3: Bias, Prejudice, and Harassment

Rule Text

A judge shall uphold and apply the law,* and shall perform all duties of judicial office fairly and impartially.*

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 must treat everyone in their courtroom the same way. They have to follow the law as it's written and make decisions based on facts and legal rules, not personal opinions or who someone is.

This means a judge can't favor one side because of friendship, dislike, money, politics, or any other personal reason. Every person who comes before the court, whether rich or poor, well known or unknown, deserves the same fair treatment and the same careful attention to their case.

Fairness also means giving both sides a real chance to speak and be heard. A judge shouldn't rush through a case or make up their mind before hearing all the facts. The goal is for every person to leave the courtroom knowing they got a fair shake, even if they didn't win their case.

Committee Notes

COMMENT

[1] To ensure impartiality and fairness to all parties, a judge must be objective and open-minded.

[2] Although each judge comes to the bench with a unique background and personal philosophy, a judge must interpret and apply the law without regard to whether the judge approves or disapproves of the law in question.

[3] When applying and interpreting the law, a judge sometimes may make good-faith errors of fact or law. Errors of this kind do not violate this Rule.

[4] It is not a violation of this Rule for a judge to make reasonable accommodations to ensure pro se litigants the opportunity to have their matters fairly heard.

Clerk's Notes on Rule 2.2

Rule 2.2 and its comment are based entirely on the 2007 Model Code.

← Previous Rule 2.1: Giving Precedence to the Duties of Judicial Office Next → Rule 2.3: Bias, Prejudice, and Harassment