CANON 3 A judge shall
conduct the judge's personal and extrajudicial activities to minimize the risk
of conflict with the obligations of judicial office.
RULE
3.1 Extrajudicial
Activities in General
A judge may engage in
extrajudicial
activities, except as
prohibited by law or
this Code.
However, when engaging
in extrajudicial
activities, a judge
shall not;
(A) participate in
activities that will
interfere with the
proper performance of
the judge's judicial
duties;
(B) participate in
activities that will
lead to frequent
disqualification of the
judge;
(C) participate in
activities that would
appear to a reasonable
person to undermine the
judge's independence,
integrity, or
impartiality;
(D) engage in
conduct that would
appear to a reasonable
person to be coercive,
or
(E) make use of
court premises, staff,
stationery, equipment,
or other resources,
except for incidental
use for activities that
concern the law, the
legal system, or the
administration of
justice, or unless such
additional use is
permitted by law.
RULE
3.2 Appearances
Before Governmental
Bodies and Consultation
With Government
Officials
A judge shall not appear
voluntarily at a public
hearing before, or
otherwise consult with,
an executive or a
legislative body or
official, except:
(A) in connection
with matters concerning
the law, the legal
system, or the
administration of
justice;
(B) in connection
with matters about which
the judge acquired
knowledge or expertise
in the courts of the
judge's judicial duties;
or
(C) when the judge
is acting pro se in a
matter involving the
judge's legal or
economic interests, or
when the judge is acting
in a fiduciary capacity.
RULE
3.3 Testifying as
a Character Witness
A judge shall not
testify as a character
witness in a judicial,
administrative, or other
adjudicatory proceeding
or otherwise vouch for
the character of a
person in a legal
proceeding, except when
duly summoned.
RULE
3.4 Appointments
to Governmental
Positions
A judge shall not accept
appointment to a
governmental committee,
board, commission, or
other governmental
position, unless it is
one that concerns the
law, the legal system,
or the administration of
justice.
RULE
3.5 Use of
Nonpublic Information
A judge shall not
intentionally disclose
or use nonpublic
information acquired in
a judicial capacity for
any purpose unrelated to
the judge's judicial
duties.
RULE
3.6 Affiliation
With Discriminatory
Organizations
(A) A judge shall
not hold membership in
any organization that
practices invidious
discrimination on the
basis of race, sex,
gender, religion,
national origin,
ethnicity, or sexual
orientation.
(B) A judge shall
not use the benefits or
facilities of an
organization if the
judge knows or should
know that the
organization practices
invidious discrimination
on one or more of the
basis identified in
paragraph (A). 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.
RULE
3.7 Participation
in Educational,
Religious, Charitable,
Fraternal, or Civic
Organizations and
Activities
(A) Subject to the
requirements of Rule
3.1, a judge may
participate in
activities sponsored by
organizations or
governmental entities
concerned with the law,
the legal system, or the
administration of
justice and those
sponsored by or on
behalf of educational,
religious, charitable,
fraternal, or civic
organizations not
conducted for profit,
including but not
limited to the following
activities:
(1) assisting such
an organization or
entity in planning
related to fund-raising,
and participating in the
management and
investment of the
organization's or
entity's funds, and
assisting in
fund-raising, but only
if the organization or
entity is concerned with
the law, the legal
system, or the
administration of
justice, and the judge
does not personally
solicit funds other than
as permitted by Rule
3.7(A)(2);
(2) soliciting
contributions for such
an organization or
entity, but only from
members of the judge's
family, or from judges
over whom the judge does
not exercise supervisory
or appellate authority;
(3) soliciting
membership for such an
organization or entity,
even though the
membership dues or fees
generated may be used to
support the objectives
of the organization or
entity, but only if the
organization or entity
is concerned with the
law, the legal system,
or the administration of
justice;
(4) appearing or
speaking at, receiving
an award or other
recognition at, being
featured on the program
of, and permitting his
or her title to be used
in connection iwth an
event of such an
organization or entity,
but if the event serves
a fund-raising purpose,
the judge may
participate only if
his or her
activities would not
appear to a reasonable
person to be coercive or
an abuse of the prestige
of judicial office. If
the event does not
concern the law, the
legal system, or the
administration of
justice, the judge must
also be a member of the
organization or have had
a close association with
the organization or the
event being celebrated;
(5) making
recommendations to such
a public or private
fund-granting
organization or entity
in connection with its
programs and activities,
but only if the
organization or entity
is concerned with the
law, the legal system,
or the administration of
justice; and
(6) serving as an
officer, director,
trustee, or nonlegal
advisor of such an
organization or entity,
unless it is likely that
the organization or
entity;
(a) will be
engaged in proceedings
that would ordinarily
come before the judge;
or
(b) will
frequently be engaged in
adversary proceedings in
the court of which the
judge is a member, or in
any court subject to the
appellate jurisdiction
of the court of which
the judge is a member,
(B) A judge may
encourage lawyers to
provide pro bono publico
legal services.
RULE
3.8 Appointments
to Fiduciary Positions
(A) A judge shall
not accept appointment
to serve in a fiduciary
position, such as
executor, administrator,
trustee, guardian,
attorney in fact or
other personal
representative, except
for the estate, trust,
or person of a member of
the judge's family, and
then only if such
service will not
interfere with the
proper performance of
judicial duties.
(B) A judge shall
not serve in a fiduciary
position if the judge as
fiduciary will likely be
engaged in proceedings
that would ordinarily
come before the judge,
or if the estate, trust,
or ward becomes involved
in adversary proceedings
in the court on which
the judge serves, or one
under its appellate
jurisdiction.
(C) A judge acting
in a fiduciary capacity
shall be subject to the
same restrictions on
engaging in financial
activities that apply to
a judge personally.
(D) If a person
who is serving in a
fiduciary position
becomes a judge, he or
she must comply with
this Rule as soon as
reasonably practicable,
but in no event later
than one year after
becoming a judge.
RULE
3.9 Service as
Arbitrator or Mediator
A judge shall not act as
an arbitrator or a
mediator or perform
other judicial functions
apart from the judge's
official duties unless
expressly authorized by
law.
RULE
3.10 Practice of
Law
Unless otherwise
permitted by law, a
judge shall not practice
law. A judge may act pro
se and may, without
compensation, give legal
advice to and draft or
review documents for a
member of the judge’s
family but is prohibited
from serving as the
family member’s lawyer
in any forum.
RULE
3.11 Financial,
Business, or
Remunerative Activities
(A) A judge may
hold and manage
investments of the judge
and members of the
judge's family.
(B) A judge shall
not serve as an officer,
director, manager,
general partner,
advisor, or employee of
any business entity
except that a judge may
manage or participate
in:
(1) a business
closely held by the
judge or members of the
judge's family; or
(2) a business
entity primarily engaged
in investment of the
financial resources of
the judge or members of
the judge's family.
(C) A judge shall
not engage in financial
activities permitted
under paragraphs (A) and
(B) if they will:
(1) interfere with
the proper performance
of judicial duties;
(2) lead to
frequent
disqualification of the
judge;
(3) involve the
judge in frequent
transactions or
continuing business
relationships with
lawyers or other persons
likely to come before
the court on which the
judge serves; or
(4) result in
violation of other
provisions of this Code.
RULE
3.12 Compensation
for Extrajudicial
Activities
A judge may accept
reasonable compensation
for extrajudicial
activities permitted by
this Code or other law
unless such acceptance
would appear to a
reasonable person to
undermine the judge's
independence, integrity,
or impartiality.
RULE
3.13 Acceptance
and Reporting of Gifts,
Loans, Bequests,
Benefits, or Other
Things of Value
(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.
(B) Unless
otherwise prohibited by
law, or by paragraph
(A), a judge may accept
the following without
publicly reporting such
acceptance:
(1) items with
little intrinsic value,
such as plaques,
certificates, trophies,
and greeting cards:
(2) gifts, loans,
bequests, benefits, or
other things of value
from friends, relatives,
or other persons,
including lawyers, whose
appearance or interest
in a proceeding pending
or impending before the
judge would in any event
require disqualification
of the judge under Rule
2.11;
(3) ordinary
social hospitality;
(4) commercial or
financial opportunities
and benefits, including
special pricing and
discounts, and loans
from lending
institutions in their
regular course of
business, if the same
opportunities and
benefits or loans are
made available on the
same terms to similarly
situated persons who are
not judges;
(5) rewards and
prizes given to
competitors or
participants in random
drawings, contests, or
other events that are
open to persons who are
not judges;
(6) scholarships,
fellowships, and similar
benefits or awards, if
they are available to
similarly situated
persons who are not
judges, based upon the
same terms and criteria;
(7) books,
magazines, journals,
audiovisual materials,
and other resource
materials supplied by
publishers on a
complimentary basis for
official use; or
(8) gifts, awards,
or benefits associated
with the business,
profession, or other
separate activity or a
spouse, domestic
partner, or other family
member of a judge
residing in the judge's
household, but that
incidentally benefit the
judge.
(C) Unless
otherwise prohibited by
law or by paragraph (A),
a judge may accept the
following items, and
must report such
acceptance to the extent
required by Rule 3.15:
(1) gifts
incident to a public
testimonial;
(2)
invitations to the judge
and the judge’s spouse,
domestic partner, or
guest to attend without
charge:
(a) an event
associated with a
bar-related function or
other activity relating
to the law, the legal
system, or the
administration of
justice; or
(b) an event
associated with any of
the judge's education,
religious, charitable,
fraternal, or civic
activities permitted by
this Code, if the same
invitation is offered to
nonjudges who are
engaged in similar ways
in the activity as is
the judge; and
(3) gifts, loans,
bequests, benefits, or
other things of value,
if the source is a party
or other person,
including a lawyer, who
has come or is likely to
come before the judge,
or whose interests have
come or are likely to
come before the judge.
RULE
3.14 Reimbursement
of Expenses and Waivers
of Fees or Charges
(A) Unless
otherwise prohibited by
Rules 3.1 and 3.13 (A)
or other law, a judge
may accept reimbursement
of necessary and
reasonable expenses for
travel, food, lodging,
or other incidental
expenses, or a waiver or
partial waiver of fees
or charges for
registration, tuition,
and similar items, from
sources other than the
judge's employing
entity, if the expenses
or charges are
associated with the
judge's participation in
extrajudicial activities
permitted by this Code.
(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.
(C) A judge who
accepts reimbursement of
expenses or waivers or
partial waivers of fees
or charges on behalf of
the judge or the judge's
spouse, domestic
partner, or guest shall
publicly report such
acceptance as required
by Rule 3.15.
RULE
3.15 Reporting
Requirements
(A) A judge shall
publicly report the
amount or value of:
(1) compensation
received for
extrajudicial activities
as permitted by Rule
3.12;
(2) gifts and
other things of value as
permitted by Rule
3.13(C), unless the
value of such items,
alone or in the
aggregate with other
items received from the
same source in the same
calendar year, does not
exceed $200; and
(3) reimbursement
of expenses and waiver
of fees or charges
permitted by Rule
3.14(A), unless the
amount of reimbursement
or waiver, alone or in
the aggregate with other
reimbursements or
waivers received from
the same source in the
same calendar year, does
not exceed $200.
(B) When public
reporting is required by
paragraph (A), a judge
shall report the date,
place, and nature of the
activity for which the
judge received any
compensation; the
description of any gift,
loan, bequest, benefit,
or other thing of value
accepted; and the source
of reimbursement of
expenses or waiver or
partial waiver of fees
or charges.
(C) The public
report required by
paragraph (A) shall be
made at least annually.
(D) Reports made
in compliance with this
Rule shall be filed as
public documents.