MA · rules
Mass. Code Jud. Conduct R. 3.2
Appearances before governmental bodies and consultation with government officials
Rule 3.2
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 lawDefinitionIncludes court rules and standing orders issued by the Supreme Judicial Court, the Appeals Court, the Chief Justice of the Trial Court, or a Chief Justice of a Trial Court Department, as well as statutes, constitutional provisions, and decisional law. Chapter 268A §§ 3 and 23(b)(2) provide that conduct explicitly recognized by another statute or regulation may supersede certain provisions of Chapter 268A. The Rules of the Supreme Judicial Court are considered regulations for this purpose. In several instances, provisions of this Code supersede provisions of Chapter 268A. See Rule 1.1., the legal system, or the administration of justice; or
(B) when the judge is acting pro se in a matter involving the judge’s legal or economic interestsDefinitionOwnership of more than a de minimis legal or equitable interest. Unless 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 government securities held by the judge.
See Rules 1.3, 2.11, and 3.2., or when the judge is acting in a fiduciaryDefinitionIncludes relationships such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative. See Rules 2.11, 3.2, and 3.8. capacity pursuant to Rule 3.8.
History
Comment [1] Judges possess special expertise in matters of law, the legal system, and the administration of justice, and may properly share that expertise with governmental bodies and executive or legislative branch officials by, for example, proposing new legislation, commenting on new legislation proposed by others, or proposing or commenting on amendments to existing law. The types of topics that a judge may address include but are not limited to court facilities, funding, staffing, resources, and security; terms of employment, compensation, and other benefits of judges and court personnelDefinitionCourt employees subject to the judge's direction and control. See Rules 2.3, 2.5, 2.8, 2.9, 2.10, 2.11, 2.12, 2.13, and 3.5.; personal safety of judges and court personnel; court jurisdiction and procedures; the work of specialty courtsDefinitionA specifically designated court session that focuses on individuals with underlying medical, mental health, substance abuse, or other issues that contribute to the reasons such individuals are before the courts. Specialty court sessions integrate treatment and services with judicial case oversight and intensive court supervision. Examples include drug courts, mental health courts, veterans' courts, and tenancy preservation programs. See Rule 2.9.; the admissibility or inadmissibility of evidence; judicial discretion in sentencing; funding for the legal representation of indigents; access to justice; and similar matters. [2] In appearing before governmental bodies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 1.3, which prohibits judges from abusing the prestige of office to advance their own or others’ interests; Rule 2.10, which governs public comment on pending and impending mattersDefinitionA matter that is imminent or expected to occur in the near future. A matter is impending if it seems probable that a case will be filed, if charges are being investigated, or if someone has been arrested although not yet charged. See Rules 2.9, 2.10, 3.2, and 3.13. ; and Rule 3.1(C), which prohibits judges from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge’s independenceDefinitionA judge's freedom from influences or controls other than those established by law. See Rules 1.2, 2.7, 2.10, 3.1, 3.2, 3.4, 3.7, 3.12, and 3.13., integrityDefinitionProbity, fairness, honesty, uprightness, and soundness of character. See Rules 1.2, 2.7, 2.10, 2.15, 3.1, 3.2, 3.4, 3.7, 3.12, and 3.13., or impartialityDefinitionAbsence of bias or prejudice in favor of, or against, particular parties or classes of parties or their representatives, as well as maintenance of an open mind in considering issues that may come before a judge. See Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.4, 3.6, 3.7, 3.12, 3.13, 3.14, and 4.1.. [3] In general, it would be an unnecessary and unfair burden to prohibit judges from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid abusing the prestige of judicial office. Adopted October 8, 2015, effective January 1, 2016
Provenance
- Source
- www.mass.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-16
- Content hash
d32a4fdecc61b0f28f3df14ea9989da528fd8fd501e2013957c90ce3acb6c6bd
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