House of Delegates adopts revised Model Code of Judicial Conduct

 “Integrity, independence and impartiality” was the theme as the ABA House of Delegates debated revisions to the Model Code of Judicial Conduct during the Miami Midyear Meeting.  “An independent, fair and impartial judiciary is indispensable to our system of justice,” stated Mark Harrison, chair of the Joint Commission to Evaluate the Model Code of Judicial Conduct, in reading the preamble to the revised code.

On September 23, 2003, then-ABA President Dennis W. Archer Jr. announced the appointment of a commission to review the ABA's model ethics code for judges and to recommend revisions.  The revised Code consists of four canons, revised and consolidated from five canons in the previous code, with rules enumerated under each canon.  The canons state overarching principles of judicial conduct, and are followed by black letter “rules.” For a judge to be disciplined for violating a canon, violation of a rule must be established.  Commentary adds explanation, interpretation and aspirational goals.

The revisions address a host of issues relating to propriety in judicial conduct, among them increasing pressure on judges and judicial candidates to state positions on political issues, and limits on judges accepting gifts, including free attendance at seminars.

Rule 1.2 under the first canon, relative to promoting independence, integrity and impartiality while avoiding impropriety and the appearance of impropriety, drew the liveliest debate.  A proposed amendment to strike language in the rule that stated “and avoid impropriety and the appearance to impropriety” at the end of “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary” was rejected.

After the vote on the amendment, members of the joint commission rose to explain the remaining three canons prior to a vote on the revisions. 

“The revision provides guidance in a climate of social changes about how we select judges, how courts function to help communities solve problems like drug abuse and domestic violence, and our expectations of how judges must preserve the independence, impartiality and integrity of the bench," said Harrison, upon releasing the proposed changes in October. 

The revised Model Code was presented to the House as Recommendation 200, and is available online here.   Revisions that were adopted prior to the adoption of the revised code as a package can be found beginning on page 7 of the attachment to the Daily Journal, which is online here.

Much more information about the project to revise the Model Code of Judicial Conduct is available in an online media kit.

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