Miss. Code Jud. Conduct Preamble

Our legal system is based on the principle that an independent, fair and competent

judiciary will interpret and apply the laws that govern us. The role of the judiciary is

central to American concepts of justice and the rule of law. Intrinsic to all sections of this

Code are the precepts that judges, individually and collectively, must respect and honor

the judicial office as a public trust and strive to enhance and maintain confidence in our

legal system. The judge is an arbiter of facts and law for the resolution of disputes and a

highly visible symbol of government under the rule of law.

The Code of Judicial Conduct is intended to establish standards for ethical conduct

of judges. It consists of broad statements called Canons, specific rules set forth in

Sections under each Canon, a Terminology Section, an Application Section and

Commentary. The text of the Canons and the Sections, including the Terminology and

Application Sections, is authoritative. The Commentary, by explanation and example,

provides guidance with respect to the purpose and meaning of the Canons and Sections.

The Commentary is not intended as a statement of additional rules. When the text uses

"shall" or "shall not," it is intended to impose binding obligations the violation of which

can result in disciplinary action. When "should" or "should not" is used, the text is

intended as hortatory and as a statement of what is or is not appropriate conduct but not as

a binding rule under which a judge may be disciplined. When "may" is used, it denotes

permissible discretion or, depending on the context, it refers to action that is not covered

by specific proscriptions. The Canons and Sections are rules of reason. They should be

applied consistent with constitutional requirements, statutes, other court rules and

decisional law and in the context of all relevant circumstances. The Code is to be

construed so as not to impinge on the essential independence of judges in making judicial

decisions.

The Code is designed to provide guidance to judges and candidates for judicial

office and to provide a structure for regulating conduct through disciplinary agencies. It is

not designed or intended as a basis for civil liability or criminal prosecution. Furthermore,

the purpose of the Code would be subverted if the Code were invoked by lawyers for

mere tactical advantage in a proceeding.

The text of the Canons and Sections is intended to govern conduct of judges and to

be binding upon them. It is not intended, however, that every transgression will result in

disciplinary action. Whether disciplinary action is appropriate, and the degree of

discipline to be imposed, should be determined through a reasonable and reasoned

application of the text and should depend on such factors as the seriousness of the

transgression, whether there is a pattern of improper activity and the effect of the

improper activity on others or on the judicial system.

The Code of Judicial Conduct is not intended as an exhaustive guide for the

conduct of judges. They should also be governed in their judicial and personal conduct by

general ethical standards. The Code is intended, however, to state basic standards which

should govern the conduct of all judges and to provide guidance to assist judges in

establishing and maintaining high standards of judicial and personal conduct.