Iowa Ct. R. 51:2.6

(A) A judge shall accord to every person who has a legal interest in a proceeding, or that

person’s lawyer, the right to he heard according to law.*

(B) A judge may encourage parties to a proceeding and their lawyers to settle matters in

dispute but shall not act in a manner that coerces any party into settlement.

Comment

[1] The right to be heard is an essential component of a fair and impartial system of justice.

Substantive rights of litigants can be protected only if procedures protecting the right to be heard are

observed.

[2] The judge plays an important role in overseeing the settlement of disputes, but should be

careful that efforts to further settlement do not undermine any party’s right to be heard according to

law. The judge should keep in mind the effect that the judge’s participation in settlement discussions

may have, not only on the judge’s own views of the case, but also on the perceptions of the lawyers

and the parties if the case remains with the judge after settlement efforts are unsuccessful. Among

the factors that a judge should consider when deciding upon an appropriate settlement practice

for a case are (1) whether the parties have requested or voluntarily consented to a certain level of

participation by the judge in settlement discussions, (2) whether the parties and their counsel are

relatively sophisticated in legal matters, (3) whether the case will be tried by the judge or a jury, (4)

whether the parties participate with their counsel in settlement discussions, (5) whether any parties

are unrepresented by counsel, and (6) whether the matter is civil or criminal.

[3] Judges must be mindful of the effect settlement discussions can have, not only on their

objectivity and impartiality, but also on the appearance of their objectivity and impartiality. Despite a

judge’s best efforts, there may be instances when information obtained during settlement discussions

could influence a judge’s decision making during trial, and, in such instances, the judge should

consider whether disqualification may be appropriate. See rule 51:2.11(A)(1).