SECTION III. CANONS OF JUDICIAL CONDUCT FOR THE COMMONWEALTH OF VIRGINIA.

Similar documents
July 2004 PRELIMINARY DRAFT

CANON 4. A judge shall conduct all of the judge s extra-judicial activities so that they 2

California Code of Judicial Ethics

TEXT OBTAINED BY WEB PAGE STATE.AZ.US; 25th APRIL 2003.

February I. Conduct Inside the Courtroom. Generally

JUDICIAL ETHICS IN ELECTION CAMPAIGNS

ADMINISTRATIVE ORDER NO. 10 VERMONT CODE OF JUDICIAL CONDUCT. Vt. A.O. 10 PREAMBLE (2012) PREAMBLE

CANON 1 A Judge Should Uphold the Integrity and Independence of the Judiciary

Oregon Code of Judicial Conduct. (2013 Revision)

IN THE SUPREME COURT OF NORTH CAROLINA. Order Adopting Amendments to the North Carolina Code of Judicial Conduct

TEXT OBTAINED BY WORLD WIDE WEB PAGE: STATE.MN.US; 29th APRIL 2003.

ABA MODEL CODE OF JUDICIAL CONDUCT PREAMBLE

CODE OF JUDICIAL CONDUCT FOR THE COMMONWEALTH JUDICIARY AND PROCEDURE FOR FILING GRIEVANCES INVOLVING MEMBERS OF THE JUDICIARY

ARIZONA CODE OF JUDICIAL CONDUCT

SUPREME COURT OF ARKANSAS

SUPREME COURT OF NEW JERSEY

ILLINOIS CODE OF JUDICIAL CONDUCT

Fall/Winter, I. Civic and Charitable Activities

AJS Comments on Preliminary Draft of Revisions to ABA Model Code of Judicial Conduct

Table of Contents CANON CANON CANON CANON CANON CANON CANON APPLICABILITY...

GEORGIA CODE OF JUDICIAL CONDUCT

A Model Code of Judicial Conduct for State Administrative Law Judges - National Conference of Administrative Law Judges - American Bar Association

TEXT OBTAINED BY WORLD WIDE WEB PAGE: STATE.IL.US; 28th APRIL 2003.

JUDICIAL CONDUCT IN THE 21 st CENTURY

Ethics in Judicial Elections

MINNESOTA BOARD ON JUDICIAL STANDARDS

CANON 4. RULE 4.1 Political and Campaign Activities of Judges and Judicial Candidates in General

POLITICAL OR CAMPAIGN ACTIVITY THAT IS INCONSISTENT WITH THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY.

Supreme Court of Florida

Covering Iowa Law and Courts: A Guide for Journalists

Code of Administrative Law Judge Ethics

OKLAHOMA. Comparison of Oklahoma Revised Code of Judicial Conduct to ABA Model Code of Judicial Conduct (2007) Effective April 15, 2011

AMERICAN BAR ASSOCIATION CPR POLICY IMPLEMENTATION COMMITTEE COMPARISON OF ABA MODEL CODE OF JUDICIAL CONDUCT AND STATE VARIATIONS

[The present language is amended as indicated below by underlining for new text and strikeover for text that has been deleted.]

Colorado Code of Judicial Conduct

National Council of Juvenile and Family Court Judges. Recommends Modification of Canons of Judicial Ethics

TITLE 26. JUDICIAL BRANCH/COURTS VHAKV FVTCECVLKE/FVTCECKV CUKO

ETHICS AND CONFLICT OF INTEREST

Sec Disqualification of justice, judge, or magistrate judge

eihj oj, 9lid'urumd on.m.tmdtuj tiie 16 t1t day oj, Up'til, 2018.

JUDICIAL ETHICS FOR NEW MUNICIPAL COURT CLERKS

Supreme Court of Florida

Code of Judicial Conduct

(A) A magisterial district judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.

Superior Court of California, County of Orange. Judicial Arbitration Program Guidelines

JUDICIAL SELECTION QUESTIONNAIRE

NC General Statutes - Chapter 84 Article 1 1

Rules Governing Standards of Conduct of Magisterial District Judges 2014

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

JUDICIAL SELECTION QUESTIONNAIRE

CODE OF ETHICAL CONDUCT Business or Professional Activities by State University of New York Officers. May 2007

California Judges Association OPINION NO. 43. (Originally issued: February 5, 1994) (Revised: August 1996)

KNOX COUNTY, TENNESSEE CODE OF ETHICS

Claims of violation of this Rule shall be filed with and considered by the Judicial Standards Commission.

Ethics. Role of the Ethics Laws. Ethics Guiding Principles. Missouri Municipal League 2012 Elected Officials Conference

PA TURNPIKE COMMISSION POLICY

CHAPTER LOBBYING

Judicial Ethics Advisory Opinions. March - April 2009

Judicial Demeanor. A Good Judge. Judicial Demeanor

After being elected or appointed to the bench, a budding

6 of 1211 DOCUMENTS. NEW JERSEY REGISTER Copyright 2017 by the New Jersey Office of Administrative Law. 49 N.J.R. 2887(a)

California Judges Association OPINION NO. 48. (Issued: October 1999) DISCLOSURE OF JUDICIAL CAMPAIGN CONTRIBUTIONS

(2) was imposed as a result of an incorrect application of the sentencing guidelines; or

OPINION Issued August 3, 2018 (Withdraws Adv. Op , Adv. Op ) Political and Campaign Activities of Magistrates

JUDICIAL QUALIFICATIONS COMMISSION

ASSEMBLY, No. 186 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing. APPLICATION REQUIREMENTS

Judicial Ethics Advisory Opinion Summaries. March April 2015

The words used in this policy shall have their normal accepted meanings except as set forth below. The Board of Education of Carroll County s Ethics


This chapter shall be known and may be cited as the Tennessee Nonprofit Gaming Law.

Restoration of Civil Rights

* * * * * * * (COURT COMPOSED OF JUDGE JAMES F. MCKAY, III, JUDGE MICHAEL E. KIRBY, JUDGE EDWIN A. LOMBARD)

Louisiana s Conflict of Interest Laws R. S. 42:1101 et seq.

ANAHEIM CAMPAIGN REFORM. Anaheim Municipal Code, Chapter 1.09

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

Proposed rule. Reasons for change RULE PRIORITY OF CONFLICTING APPELLATE RULES FLORIDA RULES OF APPELLATE PROCEDURE

Ethics and Professionalism In DWI Cases

WASHINGTON SUBURBAN SANITARY COMMISSION CODE OF ETHICS RESOLUTION NO ADOPTED JUNE 11, 2003

lb Ðat? COOK COI]NTY ILLINOIS DEPARTMENT OF ADMINISTRATIVE HEARINGS GENERAL ORDER NO. 2OO9-2

Guide to Judiciary Policy

HUU-AY-AHT FIRST NATIONS

Principles on Fines, Fees, and Bail Practices

6. (amended, SG No. 102/2009, effective ) person with whom he/she is in a collateral relationship up to the fourth degree included;

Arizona Supreme Court Judicial Ethics Advisory Committee

PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT

AMENDED AND RESTATED BYLAWS MUSEUM ASSOCIATES. As of January 13, 2016

AMENDED BYLAWS FIDO ALLIANCE, INC. (A NONPROFIT MUTUAL BENEFIT CORPORATION) ARTICLE I MEMBERS AND MEMBERSHIP AGREEMENT

California Judges Association 88 Kearny St., Ste San Francisco CA February 2010

WINCHESTER CIRCUIT COURT FREDERICK-WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCHESTER, VIRGINIA (540)

ETHICS CODE FOR SCHOOL BOARD MEMBERS. public trust and confidence in government in general and The School Board of Broward County,

APPENDIX A Affidavit in Support of Application to Resign While Proceeding or Investigation is Pending INSTRUCTIONS An application pursuant to section

LOCAL RULES COURT OF COMMON PLEAS OF MERCER COUNTY, 35 TH JUDICIAL DISTRICT. Orphans Court Rules Promulgated by the. Supreme Court of Pennsylvania

STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT

JUDICIAL INQUIRY COMMISSION. DATE ISSUED: March 4, 2014 ADVISORY OPINION ISSUES

BY-LAWS LANCASTER DOWNTOWN INVESTMENT DISTRICT AUTHORITY ARTICLE 1 THE AUTHORITY

Please mail your completed application, documentation and required fee(s) to: 2601 Blair Stone Road Tallahassee, Fl

National Judicial Outreach Week March 4-10, 2018 INFORMATION PACKET

1 HB By Representative Williams (JD) 4 RFD: Judiciary. 5 First Read: 11-MAR-15. Page 0

Senate Statutes - Title V ( Judicial Branch) - Updated

Transcription:

VIRGINIA: in tire Supume &wd oj ViM}inia field at tire Supume &wd fbuiljing in tire ej.ty oj 9lidinumd on 51'uvt6daq tire 15 ta daq oj:ijecemkjt 2016. It is ordered that Section III of the Rules for Integration of the Virginia State Bar, Part Six of the Rules of Court, be amended, to become effective immediately. Amend the Title to Section III to read as follows: SECTION III. CANONS OF JUDICIAL CONDUCT FOR THE COMMONWEALTH OF VIRGINIA. * * Amend Comment on Canon 2(B) to read as follows: Comment on subdivision B. - Maintaining the prestige ofjudicial office is essential to a system ofgovernment in which the judiciary functions independently of the executive and legislative branches. Respect for the judicial office facilitates the orderly conduct oflegitimate judicial functions. Judges should distinguish between proper and improper use ofthe prestige of office in all of their activities. For example, it would be improper for a judge to allude to his or her judgeship to gain a personal advantage such as deferential treatment when stopped by a police officer for a traffic offense. Similarly, judicial letterhead must not be used for conducting a judge's personal business. A judge must avoid lending the prestige ofjudicial office for the advancement ofthe private interests ofothers. For example, a judge must not use the judge's judicial position to gain advantage in a civil suit involving a member ofthe judge's family. As to the acceptance of awards, see Section 4E(5)(a) and Commentary.

In a criminal case, a judge may not approve a plea agreement or disposition that requires or permits the defendant to make a charitable contribution or donation, or any other monetary payment other than a statutorily authorized fine or restitution or payment in satisfaction ofan injury pursuant to Code 19.2-151, as a condition of a suspended sentence or the reduction or dismissal ofcharges. Although a judge should be sensitive to possible abuse ofthe prestige ofoffice, a judge may, based on the judge's personal knowledge, serve as a reference or provide a letter of recommendation. When using court stationery for letters ofreference an indication should be made that the opinion expressed is personal and not an opinion ofthe court. However, a judge must not initiate the communication of information to a sentencing judge or a probation or corrections officer but may provide to such person information for the record in response to a formal request. Judges may participate in the process ofjudicial selection by cooperating with appointing authorities and screening committees seeking names for consideration, and by responding to official inquiries concerning a person being considered for a judgeship. Amend Canon 4(D)(3)(b)(iii) to read as follows: (iii) shall not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or, except as permitted in Section 4D(3)(b lei), ifthe membership solicitation is essentially a fund raising mechanism; * * * Amend Comment on Canon 4(D)(3)(b) to read as follows: Comment on Subdivision D(3)(b). A judge may solicit membership or endorse or encourage membership efforts for an organization devoted to the improvement ofthe law, the legal system or the administration ofjustice or a nonprofit educational, religious, charitable, 2

fraternal or civic organization as long as the solicitation cannot reasonably be perceived as coercive and is not essentially a fund raising mechanism. Solicitation of funds for an organization and solicitation ofmemberships similarly involve the danger that the person solicited will feel obligated to respond favorably to the solicitor ifthe solicitor is in a position of influence or control. A judge must not engage in direct, individual solicitation of funds or memberships in person, in writing or by telephone except in the following cases: (1) a judge may solicit funds or memberships from other judges over whom the judge does not exercise supervisory or appellate authority, (2) a judge may solicit other persons for membership in the organizations described above if neither those persons nor persons with whom they are affiliated are likely ever to appear before the court on which the judge serves and (3) a judge who is an officer of such an organization may send a general membership solicitation mailing over the judge's signature. This Canon is not intended to prohibit judges from participating in all charitable events. Judges are encouraged to be involved in community activities so long as the judge does not participate in the solicitation of funds and the prestige ofthe office is not used for fund raising. Use of an organization letterhead for fund raising or membership solicitation does not violate Section 4D(3)(b) provided the letterhead lists only the judge's name and office or other position in the organization, and, ifcomparable designations are listed for other persons, the judge's judicial designation. In addition, a judge must also make reasonable efforts to ensure that the judge's staff, court officials and others subject to the judge's direction and control do not solicit funds on the judge's behalf for any purpose, charitable or otherwise. Amend Comment on Canon 4(E)(2) to read as follows: Comment on Subdivision E(2). - This Section provides that, subject to the requirements of this Canon, a judge may hold and manage investments owned solely by the judge, investments owned solely by a member or members ofthe judge's family, and investments owned jointly by the judge and members ofthe judge's family_ A judge may own real estate or other property with others, who are not family members, so long as the judge complies with Section 4E(1) and (2). 3

Amend Comment on Canon 4(E)(3) to read as follows: Comment on Subdivision E(3). - Subject to the requirements ofthis Canon, a judge may participate in a business in which at least fifty percent is held either by the judge alone, by members of the judge's family, or by the judge and members ofthe judge's family. Although participation by a judge in a closely held family business might otherwise be permitted by Section 4E(3), a judge may be prohibited from participation by other provisions of these Canons when, for example, the business entity frequently appears before the judge's court or the participation requires significant time away from judicial duties. Similarly, a judge must avoid participating in a closely held family business ifthe judge's participation would involve misuse of the prestige ofjudicial office, subject the judge to public criticism or give the appearance ofimpropriety. "Member ofthe judge's family" denotes a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. Amend Comment on Canon 4(E)(5)(a) to read as follows: Comment on Subdivision E(S)(a). - governed by Section 4E(5)(a). Acceptance ofan invitation to a law related function is Amend Comment on Canon 4(E)(5)(d) to read as follows: Comment on Subdivision E(S)(d). - A gift to a judge, or to a member ofthe judge's family living in the judge's household, that is excessive in value raises questions about the judge's impartiality and the integrity ofthe judicial office and might require disqualification ofthe judge where disqualification would not otherwise be required. See, however, Section 4E(5)(e). 4

Amend Comment on Canon 4(F) to read as follows: Comment on Subdivision F. - The restrictions imposed by this Canon may conflict with the judge's obligation as a fiduciary. For example, a judge should resign as trustee ifdetriment to the trust would result from divestiture ofholdings the retention of which would place the judge in violation ofsection 4E(4). Amend Comment on Canon 4(G) to read as follows: Comment on Subdivision G. - settlement conferences performed as part ofjudicial duties. Section 4G does not prohibit a judge from participating in * * * Amend Canon 6(B), 6(C), and 6(D) to read as follows: B. Retired Judge, Senior Judge or Justice. - The provisions of 51.1-309 of the Code of Virginia and ofthese Canons shall apply to all retired judges. Such judges, however, are not required to comply with Canon 4D(2), E(3), F, G, H, and 1(2). C. Substitute Judge or Special Justice. - A substitute judge or special justice shall not act as a lawyer in a proceeding in which he has served as a judge or in any other proceeding related thereto but otherwise may practice law in the court on which he serves. A substitute judge or special justice is not required to comply with 4D(l), (2), and (3) except that he shall not use or permit the use of the prestige ofjudicial office for fund raising or membership solicitation. A substitute judge or special justice is not required to comply with 4E(3), F, G, and H. D. Person Selected/or Judgeship. - A person selected for a full-time position subject to the provisions of these Canons who is not already a justice or judge, from either election by both houses ofthe General Assembly or appointment by the appropriate authority until taking the oath ofoffice as a justice or judge, is required to comply with Canons 1, 2, 2A, 2B, 4A, 4B, 4D(2), 4D(3)(b)(i, iii, and iv), 4E(1)(a), 4E(5), 41(1), and 5. Such person shall arrange his or her affairs 5

to be in compliance with the other appropriate parts ofthe Canons of Judicial Conduct at the time that he or she takes the oath of office. A Copy, Teste: Clerk 6