# San Andreas Judicial Rules Author: Chief Justice Awesome * [San Andreas Judicial Rules](#San-Andreas-Judicial-Rules) * [Introduction](#Introduction) * [Canon 1: A Judge Shall Uphold the Integrity and Independence of the Judiciary ](#Canon-1:-A-Judge-Shall-Uphold-the-Integrity-and-Independence-of-the-Judiciary) * [Canon 2: A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all Activities](#Canon-2:-A-Judge-Shall-Avoid-Impropriety-and-the-Appearance-of-Impropriety-in-all-Activities) * [Canon 3: A Judge Shall Perform the Duties of the Office Fairly, Impartially and Diligently](#Canon-3:-A-Judge-Shall-Perform-the-Duties-of-the-Office-Fairly,-Impartially-and-Diligently) * [Adjudicative Responsibilities](#Adjudicative-Responsibilities) * [Administrative Responsibilities](#Administrative-Responsibilities) * [Disqualification](#Disqualification) ## Introduction The Code of Conduct for the Superior Court of San Andreas shall be described herein. This is modeled from the "Code of Conduct for United State Judges," approved by the Federal Circuit on April 5, 1983. Canon's shall be defined as "rules of reason." ## Canon 1: A Judge Shall Uphold the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice in our society. A judge shall maintain and enforce high standards of conduct and shall personally observe those standards, so that the integrity and independence of the judiciary may be preserved. The provisions of this Code shall be construed and applied to further that objective. ## Canon 2: A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all Activities 1. Respect for Law. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. 2. Outside Influence. A judge shall not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. A judge shall neither lend the prestige of the judicial office to advance the private interests of the judge or others nor convey or permit others to convey the impression that they are in a special position to influence the judge. 3. Nondiscriminatory Membership. A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, disability or national origin. ## Canon 3: A Judge Shall Perform the Duties of the Office Fairly, Impartially and Diligently The duties of judicial office take precedence over all other activities. The judge shall perform those duties with respect for others, and shall not engage in behavior that is harassing, abusive, prejudiced, or biased. The judge shall adhere to the following standards: ### Adjudicative Responsibilities 1. A judge shall be faithful to, and maintain professional competence in, the law and shall not be swayed by partisan interests, public clamor, or fear of criticism. 2. A judge shall hear and decide matters assigned, unless disqualified, and shall maintain order and decorum in all judicial proceedings. 3. A judge shall be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity. A judge shall require similar conduct by those subject to the judge’s control, including lawyers to the extent consistent with their role in the adversary process. 4. A judge shall accord to every person who has a legal interest in a proceeding, and that person’s lawyer, the full right to be heard according to law. Except as set out below, a judge shall not initiate, permit, or consider ex parte communications or consider other communications concerning a pending or impending matter that are made outside the presence of the parties or their lawyers. If a judge receives an unauthorized ex parte communication bearing on the substance of a matter, the judge shall promptly notify the parties of the subject matter of the communication and allow the parties an opportunity to respond, if requested. A judge may: 5. initiate, permit, or consider ex parte communications as authorized by law; * when circumstances require it, permit ex parte communication for scheduling, administrative, or emergency purposes, but only if the ex parte communication does not address substantive matters and the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; * obtain the written advice of a disinterested expert on the law, but only after giving advance notice to the parties of the person to be consulted and the subject matter of the advice and affording the parties reasonable opportunity to object and respond to the notice and to the advice received; or * with the consent of the parties, confer separately with the parties and their counsel in an effort to mediate or settle pending matters. 5. A judge shall dispose promptly of the business of the court. 6. A judge shall not make public comment on the merits of a matter pending or impending in any court. A judge shall require similar restraint by court personnel subject to the judge’s direction and control. The prohibition on public comment on the merits does not extend to public statements made in the course of the judge’s official duties, to explanations of court procedures, or to scholarly presentations made for purposes of legal education. ### Administrative Responsibilities 1. A judge shall diligently discharge administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court personnel. 2. A judge shall not direct court personnel to engage in conduct on the judge’s behalf or as the judge’s representative when that conduct would contravene the Code if undertaken by the judge. 3. A judge shall exercise the power of appointment fairly and only on the basis of merit, avoiding unnecessary appointments, nepotism, and favoritism. A judge shall not approve compensation of appointees beyond the fair value of services rendered. 4. A judge shall practice civility, by being patient, dignified, respectful, and courteous, in dealings with court personnel, including chambers staff. A judge shall not engage in any form of harassment of court personnel. A judge shall not retaliate against those who report misconduct. A judge shall hold court personnel under the judge’s direction to similar standards. 5. A judge with supervisory authority over other judges shall take reasonable measures to ensure that they perform their duties timely and effectively. 6. A judge shall take appropriate action upon receipt of reliable information indicating the likelihood that a judge’s conduct contravened this Code, that a judicial employee’s conduct contravened the Code of Conduct for Judicial Employees, or that a lawyer violated applicable rules of professional conduct. ### Disqualification 1. A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances in which: * the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; * the judge served as a laywer in the matter in controversy, or the judge has been a material witness; * the judge is a police officer employed in a police department wherein either the police department itself or a member thereof is party to the proceeding; * the judge has served in governmental employment and in that capacity participated as a counsel or advisor concerning the proceeding or has expressed an opinion concerning the merits of the particular case in controversy. 2. A judge who disqualifies himself or herself from a proceeding shall disclose on the record the basis of disqualification.