Code of Conduct for State of Mayflower Judges

# Code of Conduct for State of Mayflower Judges Administrator: Chief Justice spencernixon Author: Justice Frostbleed --- [TOC] --- # Code of Conduct ## Introduction The Code of Conduct for State of Mayflower Judges is modelled from the “Code of Conduct for United States Judges”, approved by the federal Judicial Conference on April 5, 1973. This Code applies to judges of the Mayflower District Court and is enforced by the Mayflower Supreme Court pursuant to its authority to discipline inferior judges enumerated in the Mayflower Constitution, article XI, section 6. ## Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice in our society. A judge should maintain and enforce high standards of conduct and should personally observe those standards, so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective. ## Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in all Activities A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Furthermore, a judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. A judge should 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. ## Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently The duties of judicial office take precedence over all other activities. The judge should perform those duties with respect for others, and should not engage in behavior that is harassing, abusive, prejudiced, or biased. ### Adjudicative Responsibilities 1. A judge should be patient, dignified, respectful, and courteous to litigants, witnesses, laywers, and others with whom the judge deals in an official capacity. A judge should require similar conduct by those subject to the judge’s control. 2. A judge should 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 parties or their lawyers. If a judge receives an unauthorized ex parte communication bearing on the substance of a matter, the judge should promptly notify the parties of the subject matter of the communication and allow the parties an opportunity to respond, if requested. A judge may permit ex parte communication from parties to a case only when the communication does not address substantive matters and the judge reasonably believes no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication. 3. A judge should dispose promptly of the business of the court, and be diligent and expeditious with scheduling matters. 4. A judge should not make public comment on the merits of a matter pending or impending in any court. 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 explanation of court procedures, or to scholarly presentations made for the purposes of legal education. ### Administrative Responsibilities 1. A judge should 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. 2. A judge should practice civility, by being patient, dignified, respectful, and courteous, in dealings with court personnel, including chambers staff. A judge should not retaliate against those who report misconduct. A judge should hold court personnel under the judge’s direction to similar standards. 3. A judge with supervisory authority over other judges should take reasonable measures to ensure that they perform their duties timely and effectively. 4. A judge should take appropriate action upon receipt of reliable information indicating the likelihood that a judge’s conduct contravened this Code, 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: 1. the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; 2. the judge served as a laywer in the matter in controversy, or the judge has been a material witness; 3. 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; 4. 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 may only disqualify himself or herself on a basis other than the circumstances listed in subsections 1.1 through 1.4 with leave from the Chief Justice of the State of Mayflower. 3. A judge who disqualifies himself or herself from a proceeding shall disclose on the record the basis of disqualification. ## Canon 4: A Judge May Engage in Extrajudicial Activities that are Consistent with the Obligations of Judicial Office A judge may engage in extrajudicial activities, including law-related pursuits and civil, charitable, educational, religious, social, financial, and governmental activities, and may speak, write, lecture, and teach on both law-related and nonlegal subjects. However, a judge should not participate in extrajudicial activities that detract from the dignity of the judge’s office, interfere with the performance of the judge’s official duties, reflect adversely on the judge’s impartiality, lead to frequent disqualification, or violate the limitations set forth below. ### Law Related Activities 1. A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. 2. A judge may serve as a sworn member of a police department, but may not execute arrest warrants written by the judge. Judges who are police officers may never participate in or assist with the execution of any search warrant in their capacity as a police officer. 3. A judge may consult with or appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system, or the administration of justice, to the extent that it would generally be perceived that a judge’s judicial experience provides special expertise in the area; or when the judge is acting pro se in a matter involving the judge or the judge’s interest. 4. A judge should not practice law, although a judge may act pro se. ### Organizations 1. A judge may participate in and serve as a member, officer, director, trustee, or nonlegal advisor of a nonprofit organization devoted to the law, the legal system, or the administration of justice. A judge may make recommendations to public and private agencies about projects and programs concerning the law, the legal system, and the administration of justice. 2. A judge may participate in and serve as an officer, director, trustee, or nonlegal advisor of a nonprofit civic, charitable, educational, religious, or social organization, unless it is likely that the organization will either be engaged in proceedings that would ordinarily come before the judge or be regularly engaged in adversary proceedings in any court. ### Fiduciary Activities 1. A judge may hold and manage investments, including real estate, and engage in other remunerative activity, but should refrain from financial and business dealings that exploit the judicial position. 2. A judge should not solicit or accept gifts when doing so would lead to a real, potential, or apparent conflict of interest. ## Canon 5: A Judge Should Refrain from Political Activity 1. A judge should not act as a leader or hold any office in a political organization. 2. A judge should not make speeches for a political organization or candidate, attend a political rally in support of a political candidate, or publicly endorse or oppose a candidate for public office. 3. A judge should resign the judicial office if the judge becomes a candidate in a primary or general election for any office.