Proposed Rules Archives

• Proposed Changes to CJC - All - All Code of Judicial Conduct Rules (in Word Format)
• Comments Received for CJC - All - All Code of Judicial Conduct Rules

Purpose: This proposal is a wholesale substantive revision of the Code of Judicial Conduct, which govern conduct of judicial officers in Washington. To accomplish the revision, the current Code of Judicial Conduct would be rescinded and the new Code of Judicial Conduct adopted. The Task Force makes this recommendation after its review of the 2007 American Bar Association (ABA) Model Code of Judicial Conduct and the provisions in the current Code of Judicial Conduct over the over the last year.

In addition to the substantive changes in the Code, the new Code has been substantially reformatted. Scope [2] explains the functionality of the new Code organization. That is, that the canons state the overarching principles of judicial ethics that all judicial officers are to observe but a judicial officer may only be punished for the violation of a rule. The comments are more extensive than those in the current Code. They are intended to provide guidance of the meaning and application of the rules but the comment itself is not enforceable. The second purpose for the comments is to identify aspirational goals for judicial officers.

The changes suggested are too numerous to set out. A detailed summary of those changes is posted on the task force Web site at: http://www.courts.wa.gov/committee/?fa=committee.home&committee_id=141.

Proposed Code provisions which are the same as those in the ABA Model Code are not noted here but are detailed in the summary cited above.

The major substantive changes are:

• The appearance of impropriety standard is removed from Rule 1.2 and the comments to that rule although it is retained in Canon 1.

• Rule 2.11(A)(4) is a new concept in the Code specifically addressing disqualification based on contributions made to a judge’s campaign.

• Rule 2.16 specifically requires that a judge cooperate with judicial and lawyer disciplinary agencies and not retaliate against a person who has assisted or cooperated in such an investigation.

• A judicial officer’s personal and extrajudicial activities are now combined under Canon 3 and its rules and comments. In the current Code those activities are addressed in Canons 4, 5 and 6.

• Even though Canon 4 and its rules governing political and campaign conduct are reorganized, the rules governing campaign conduct mirror those under the current Code.

Additional supporting information, including Task Force minutes, is available at the AOC Web site at: http://www.courts.wa.gov/committee/?fa=committee.home&committee_id=141.