Iowa Ct. R. ch. 51, Terminology

The first time any term listed below is used in a rule in its defined sense, it is followed by an

asterisk (*).

“Affiliate” and “affiliated” mean any person, domestic or foreign, that controls, is controlled by, or

is under common control with any other person. See rule 51:2.11.

“Appropriate authority” means the authority having responsibility for the initiation of disciplinary

process in connection with the violation to be reported. See rules 51:2.14 and 51:2.15.

“Associate” and “associated” means any person who employs, is employed by, or is under common

employment with another person; any person who acts in cooperation, consultation, or concert with,

or at the request of, another person; and any spouse, domestic partner, or person within the third

degree of relationship of any of the foregoing. See rule 51:2.11.

“Contribution” means both financial and in-kind contributions, such as goods, professional or

volunteer services, advertising, and other types of assistance which, if obtained by the recipient

otherwise, would require a financial expenditure. See rules 51:3.7, 51:4.1, and 51:4.4.

“Control” and “controlled” each refers to the power of one person to exercise, directly or

indirectly or through one or more persons, a dominating, governing, or controlling influence over

another person, whether by contractual relationship (including without limitation a debtor-creditor

relationship), by family relationship, by ownership, dominion over, or power to vote any category

or voting interest (including without limitation shares of common stock, shares of voting preferred

stock, and partnership interests), or by exercising (or wielding the power to exercise) in any manner

dominion over a majority of directors, partners, trustees, or other persons performing similar

functions. See definition of “affiliate” and “affiliated.”

“De minimis,” in the context of interests pertaining to disqualification of a judge, means an

insignificant interest that could not raise a reasonable question regarding the judge’s impartiality.

See rule 51:2.11.

“Domestic partner” means a person with whom another person maintains a household and an

intimate relationship, other than a person to whom he or she is legally married. See rules 51:2.11,

51:2.13, 51:3.13, and 51:3.14.

“Economic interest” means ownership of more than a de minimis legal or equitable interest. Except

for situations in which the judge participates in the management of such a legal or equitable interest,

or the interest could be substantially affected by the outcome of a proceeding before a judge, it does

not include:

(1) an interest in the individual holdings within a mutual or common investment fund;

(2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization

in which the judge or the judge’s spouse, domestic partner, parent, or child serves as a director, an

officer, an advisor, or other participant;

(3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a

member of a mutual savings association or credit union, or similar proprietary interests; or

(4) an interest in the issuer of government securities held by the judge.

See rules 51:1.3 and 51:2.11.

“Fiduciary” includes relationships such as executor, administrator, trustee, or guardian. See rules

51:2.11, 51:3.2, and 51:3.8.

“Impartial,” “impartiality,” and “impartially” mean absence of bias or prejudice in favor of, or

against, particular parties or classes of parties, as well as maintenance of an open mind in considering

issues that may come before a judge. See Canons 1, 2, and 4, and rules 51:1.2, 51:2.2, 51:2.10,

51:2.11, 51:2.13, 51:3.1, 51:3.12, 51:3.13, 51:4.1, and 51:4.2.

“Impending matter” is a matter that is imminent or expected to occur in the near future. See rules

51:2.9, 51:2.10, 51:3.13, and 51:4.1.

“Impropriety” includes conduct that violates the law, court rules, or provisions of the Iowa Code of

Judicial Conduct, and conduct that undermines a judge’s independence, integrity, or impartiality. See

Canon 1 and rule 51:1.2.

“Independence” means a judge’s freedom from influence or controls other than those established by

law. See Canons 1 and 4, and rules 51:1.2, 51:3.1, 51:3.12, 51:3.13, and 51:4.2.

“Integrity” means probity, fairness, honesty, uprightness, and soundness of character. See Canon 1

and rule 51:1.2.

“Judicial candidate” means any person, including a sitting judge, who is seeking selection for or

retention in judicial office by election or appointment. A person becomes a candidate for judicial

office as soon as he or she declares or files as a candidate with the election or appointment authority,

authorizes, where permitted, solicitation or acceptance of contributions or support, or is seeking

appointment to office. See rules 51:2.11, 51:4.1, 51:4.2, and 51:4.4.

“Knowingly,” “knowledge,” “known,” and “knows” mean actual knowledge of the fact in question.

A person’s knowledge may be inferred from circumstances. See rules 51:2.11, 51:2.15, 51:2.16,

51:3.6, and 51:4.1.

“Law” encompasses court rules as well as statutes, constitutional provisions, and decisional law. See

rules 51:1.1, 51:2.1, 51:2.2, 51:2.6, 51:2.7, 51:2.9, 51:3.1, 51:3.4, 51:3.9, 51:3.12, 51:3.13, 51:3.14,

51:3.15, 51:4.1, 51:4.2, 51:4.4, and 51:4.5.

“Member of the candidate’s family” means a spouse, domestic partner, child, grandchild, parent,

grandparent, or other relative or person with whom the candidate maintains a close familial

relationship.

“Member of the judge’s family” means a spouse, domestic partner, child, grandchild, parent,

grandparent, or other relative or person with whom the judge maintains a close familial relationship.

See rules 51:3.7, 51:3.8, 51:3.10, and 51:3.11.

“Member of a judge’s family residing in the judge’s household” means any relative of a judge by

blood or marriage, or a person treated by a judge as a member of the judge’s family, who resides in

the judge’s household. See rules 51:2.11 and 51:3.13.

“Nonpublic information” means information that is not available to the public. Nonpublic

information may include, but is not limited to, information that is sealed by statute or court order

or impounded or communicated in camera, and information offered in grand jury proceedings,

presentencing reports, dependency cases, or psychiatric reports. See rule 51:3.5.

“Pending matter” is a matter that has commenced. A matter continues to be pending through any

appellate process until final disposition. See rules 51:2.9, 51:2.10, 51:3.13, and 51:4.1.

“Person” means any natural or juridical person, including without limitation any corporation,

limited liability company, partnership, trust, union, or other labor organization; any branch, division,

department, or local unit of any of the foregoing; any political committee, party, or organization; or

any other organization or group of persons. See rule 51:2.11.

“Personally solicit” means a direct request made by a judge or a judicial candidate for financial

support or in-kind services, whether made by letter, telephone, or any other means of communication.

See rule 51:4.1.

“Political organization” means a political party or other group sponsored by or affiliated with a

political party or candidate, the principal purpose of which is to further the election or appointment

of candidates for political office. For purposes of the Iowa Code of Judicial Conduct, the term does

not include a judicial candidate’s campaign committee created as authorized by rule 51:4.4. See rules

51:4.1 and 51:4.2.

“Restricted donor” means

(1) a party or other person involved in a case pending before the donee.

(2) a party or a person seeking to be a party to any sale, purchase, lease or contract involving the

judicial branch or any of its offices, if the donee has authority to approve the sale, purchase, lease

or contract, or if the donee assists or advises the person with authority to approve the sale, purchase,

lease or contract.

(3) a person who will be directly or substantially affected by the performance or nonperformance

of the donee’s official duties in a way that is greater than the effect on the public generally or on

a substantial class of persons to which the donor belongs as a member of a profession, occupation,

industry or region.

See rule 51:3.13.

“Third degree of relationship” includes the following persons: great-grandparent, grandparent,

parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See rule

51:2.11.