CODE OF JUDICIAL CONDUCT (CJC)
SCOPE
[1] The Washington State Code of Judicial Conduct consists of four Canons,
numbered Rules under each Canon, and Comments that generally follow and
explain each Rule. Scope and Terminology sections provide additional
guidance in interpreting and applying the Code. An Application section
establishes when the various Rules apply to a judge or judicial candidate.
[2] The Canons state overarching principles of judicial ethics that all
judges must observe. They provide important guidance in interpreting the
Rules. A judge may be disciplined only for violating a Rule.
[3] The Comments that accompany the Rules serve two functions. First, they
provide guidance regarding the purpose, meaning, and proper application of
the Rules. They contain explanatory material and, in some instances,
provide examples of permitted or prohibited conduct. Comments neither add
to nor subtract from the binding obligations set forth in the Rules.
Therefore, when a Comment contains the term "must," it does not mean that
the Comment itself is binding or enforceable; it signifies that the Rule in
question, properly understood, is obligatory as to the conduct at issue.
[4] Second, the Comments identify aspirational goals for judges. 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.
[5] The Rules of the Washington State Code of Judicial Conduct are 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 Rules should not be interpreted
to impinge upon the essential independence of judges in making judicial decisions.
[6] Although the black letter of the Rules is binding and enforceable, it is
not contemplated that every transgression will result in the imposition of
discipline. It is recognized, for example, that it would be unrealistic to
sanction judges for minor traffic or civil infractions. Whether discipline
should be imposed should be determined through a reasonable and reasoned
application of the Rules. The relevant factors for consideration should
include the seriousness of the transgression, the facts and circumstances
that existed at the time of the transgression, including the willfulness or
knowledge of the impropriety of the action, the extent of any pattern of
improper activity, whether there have been previous violations, and the
effect of the improper activity upon the judicial system or others.
[7] The Code is not designed or intended as a basis for civil or criminal
liability. Neither 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.
[Adopted September 9, 2010; effective January 1, 2011]
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