Mass. Code Jud. Conduct R. 3.3

History

Comment [1] A judge who, without being subpoenaed, testifies as a character witness lends the prestige of judicial office to advance the interests of another. See Rule 1.3. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness. [2] This Rule does not preclude a judge from voluntarily testifying or otherwise vouching for the qualifications, including the character, of an applicant or nominee for judicial or court-related office, as long as the judge’s observations are based on the judge’s personal knowledgeDefinitionActual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. See Rules 1.3, 2.5, 2.9, 2.11, 2.15, 2.16, 3.3, 3.5, and 3.6.. See Rule 1.3. [3] This Rule does not preclude a judge from providing a character reference based on personal knowledge for an applicant to the bar of any state. [4] This Rule does not preclude a judge from responding based on personal knowledge to an inquiry from any state or federal entity, or a contractor for such an entity, conducting a background investigation in connection with an application for public employment or for security clearance. Adopted October 8, 2015, effective January 1, 2016