Judicial Statements on Pending and Impending Cases. (4) Rule 3.13 applies only to acceptance of gifts or other things of value by a judge. This relationship may be maintained throughout the period of the public campaign, and may include use of political party or similar designations on campaign literature and on the ballot. Rule 3.7. 3.10. A judgment is the final…, https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/ex-parte, https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/ex-parte, Political Parties, Elections, and Constitutional Law, Timmons v. Twin Cities Area New Party 520 U.S. 351 (1997). Others are specified in the ABA Model Code of Judicial Conduct, with which an advocate should be familiar. A judge’s attendance at an event in a facility of an organization that the judge is not permitted to join is not a violation of this Rule when the judge’s attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization’s practices. (1) This Code shall constitute the ‘‘canon of . Political and Campaign Activities of Judges and Judicial Candidates in General. Although such opinions are not, per se, binding upon the Judicial Conduct Board, the Court of Judicial Discipline or the Supreme Court of Pennsylvania, action taken in reliance thereon and pursuant thereto shall be taken into account in determining whether discipline should be recommended or imposed. 3.9. Paragraph (A)(12) does not specifically address judicial responses to such inquiries. (A) A judge shall not accept any gifts, loans, bequests, benefits, or other things of value, if acceptance is prohibited by law or would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality. Compensation for Extrajudicial Activities. (1) Judges shall be available to decide the matters that come before the court. Paragraphs (A) and (B) impose an obligation on the judge to report to the appropriate authority or other agency or body the known misconduct of another judge or a lawyer that raises a substantial question regarding the honesty, trustworthiness, or fitness of that judge or lawyer. ty1 / ˈpärtē/ • n. (pl. (A) A judge shall not be swayed by public clamor or fear of criticism. This Code also permits and supports participation in a variety of other extrajudicial activity. (2) This Rule does not prohibit a judge from commenting on proceedings in which the judge is a litigant in a personal capacity, or represents a client as permitted by these Rules. Rule %����
When making such statements, a judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to his or her personal views. Member of the judge’s family—The spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. /Keywords
Rule 3.2. Canon 1. (1) ‘‘Appropriate action’’ means action intended and reasonably likely to help the judge or lawyer in question address the problem and prevent harm to the justice system. 4.5. (3) Prompt disposition of the court’s business requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to take reasonable measures to ensure that court officials, litigants, and their lawyers cooperate with the judge to that end. (E) It is not a violation of this Rule for a judge to initiate, permit, or consider ex parte communications expressly authorized by law, such as when serving on therapeutic or problem-solving courts, mental health courts, or drug courts. 2.11. The Order provides, inter alia, for filing deadlines, electronic submission, and consequences for failure to file and falsification of information on the form. A judge’s membership in an organization that practices invidious discrimination creates the perception that the judge’s impartiality is impaired. (2) The judge knows that the judge, the judge’s spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is: (a) a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party; (b) acting as a lawyer in the proceeding; (c) a person who has more than a de minimis interest that could be substantially affected by the proceeding; or. Paragraph (C)(3) obligates candidates and their committees to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading. >>
Candidates may not engage in these activities earlier than immediately after the General Election in the year prior to the calendar year in which a person may become a candidate for such office. (B) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses shall be limited to the actual costs reasonably incurred by the judge and, when appropriate to the occasion, by the judge’s spouse, domestic partner, or guest. Rendering dispute resolution services apart from those duties, whether or not for economic gain, is prohibited unless it is expressly authorized by law. If, following the disclosure, the parties and lawyers agree, without participation by the judge or court personnel, that the judge should not be disqualified, the judge may participate in the proceeding. The candidate shall take reasonable steps to cause his or her campaign committee to comply with applicable provisions of this Code and other applicable law. Paragraph (B)(2) places no restrictions upon the ability of a judge to accept gifts or other things of value from friends or relatives under these circumstances, and does not require public reporting. Examples include jokes or other remarks that demean individuals based upon their race, sex, gender identity or expression, religion, national origin, ethnicity, disability, age, sexual orientation, or socioeconomic status. Candidates who do not respond may state their reasons for not responding, such as the danger that answering might be perceived by a reasonable person as undermining a successful candidate’s independence or impartiality, or that it might lead to frequent disqualification. (D) A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Pennsylvania Rules of Professional Conduct shall take appropriate action. Code of Judicial Conduct; Canon 3 ; Canon 3. There shall be a rebuttable presumption that recusal or disqualification is not warranted when a contribution or reimbursement for transportation, lodging, hospitality or other expenses is equal to or less than the amount required to be reported as a gift on a judge’s Statement of Financial Interest. (7) Judicial candidates are sometimes the subject of false, misleading, or unfair allegations made by opposing candidates, third parties, or the media. (3) A judge must be confident that acceptance of reimbursement or fee waivers would not reasonably undermine the judge’s independence, integrity, or impartiality. 4.
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