CODE OF JUDICIAL CONDUCT (CJC)
PREAMBLE
Our legal system is based on the principle that an independent, fair
and competent judiciary will interpret and apply the laws that govern us.
The role of the judiciary is central to American concepts of justice and
the rule of law. Intrinsic to all sections of this Code are the precepts
that judges, individually and collectively, must respect and honor the
judicial office as a public trust and strive to enhance and maintain
confidence in our legal system. The judge is an arbiter of facts and law
for the resolution of disputes and a highly visible symbol of government
under the rule of law.
The Code of Judicial Conduct is intended to establish standards for
ethical conduct of judges. It consists of broad statements called Canons,
specific rules set forth in Sections under each Canon, a Terminology
Section, an Application Section, and Comments. The text of the Canons and
the Sections, including the Terminology and Application Sections, is
authoritive. The use of permissive language in various sections of the Code
does not relieve judges from the other requirements of the Code that apply
to specific conduct. The Comments provide explanation and guidance with
respect to the purpose and meaning of the Canons and Sections. The Comments
are not intended as a statement of additional rules nor as a basis for
discipline.
The Canons and Sections are rules of reason. They should be applied
consistent with constitutional requirements, statutes, other court rules
and decisional law and in the context of all relevant circumstances. The
Code is to be construed so as not to impinge on the independence of judges
which is essential in making judicial decisions.
The Code is designed to provide guidance to judges and candidates for
judicial office and to provide a structure for regulating conduct through
disciplinary agencies. It is not designed or intended as a basis for civil
liability or criminal prosecution. Furthermore, the purpose of the Code
would be subverted if the Code were invoked by lawyers for mere tactical
advantage in a proceeding.
The text of the Canons and Sections is intended to govern conduct of
judges and to be binding upon them. It is not intended, however, that every
transgression will result in disciplinary action. Whether disciplinary
action is appropriate, and the degree of discipline to be imposed, should
be determined through a reasonable and reasoned application of the text and
should depend on such factors as the seriousness of the transgression,
whether the activity was inadvertent, unintentional or based on a
reasonable but mistaken interpretation of obligations under the Code,
whether there is a pattern of improper activity and the effect of the
improper activity on others or on the judicial system.
The Code of Judicial Conduct is not intended as an exhaustive guide for
the conduct of judges. They should also be governed in their judicial and
personal conduct by general ethical standards. The Code is intended,
however, to state basic standards which should govern the conduct of all
judges and to provide guidance to assist judges in establishing and
maintaining high standards of judicial and personal conduct.
[Preamble amended effective July 1, 1974; April 11, 1986; March
25, 1988; June 23, 1995.]
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