Mont. Code Jud. Conduct Terminology

The first time any term listed below is used in a ny given Rule in its defined sense, it is followed

by an asterisk (*).

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

process in connection with the violation to be reported. See Rule 2.16.

“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 3.7, 4.1, and 4.4.

“Courts of l imited jurisdiction” means justice courts, justice courts of record, city courts and

municipal courts. Where the context allows and for simplicity, the justices of the peace and judges

of such courts may be collectively referred to as judges. See Rules 2.9 and 2.10.

“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 2.12.

“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 2.12,

3.13, and 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 1.3, 2.12, and 3.2.

“Ex parte communication” is any oral communication to a judge concerning a pending or

impending matter, outside the presence of all the parties to the proceeding or their attorneys or

outside the confines of a duly noticed proceeding, or any written communication received by a

judge that is not simultaneously provided to all parties or their attorneys. See Rules 2.9 and 2.10.

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

Rules 2.12, 3.2, and 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 1.2, 2.2, 2.9,

2.11, 2.12, 2.14, 3.1, 3.12, 3.13, 4.1, and 4.2.

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

Rule 2.9.

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

conduct that undermines a judge’s independence, integrity, or impartiality. See Canon 1, and

Rules 1.2 and 3.10.

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

by law. See Canons 1 and 4, and Rules 1.2, 3.1, 3.12, 3.13, and 4.2.

“Independent candidate” means a candidate for a non-judicial public office who is not a member

or representative of a political organization. See Rules 4.1 and 4.2.

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

Canons 1 and 4, and Rules 1.2, 3.1, 3.12, 3.13, and 4.2.

“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 makes a public announcement of candidacy, declares or files as a

candidate with the election or appointment authority, authorizes or, where permitted, engages in

solicitation or acceptance of contributions or support, or is nominated for election or appointment

to office. See Rules 2.12, 4.1, 4.2, and 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 2.12, 2.16, 2.17,

3.2, 3.5, 3.6, and 4.1.

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

See Rules 1.1, 2.1, 2.2, 2.6, 2.7, 2.9, 2.10, 3.1, 3.2, 3.4, 3.7, 3.9, 3.10, 3.12, 3.13, 3.14, 4.1, 4.2,

and 4.4.

“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 3.7, 3.8, 3.10, and 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 2.12 and 3.13.

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

information includes any information regarding rulings or decisions the court is inclined to or

intends to make, and any communications shared among judges during the decision- making

process. It may also 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 3.5.

“Partisan candidate” means a candidate for public office who seeks election as a member of or

representing a political organization. See Rules 4.1 and 4.2.

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

appellate process until final disposition. See Rules 2.9, 2.11, and 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 this Code, the term does not include a judicial

candidate’s campaign committee created as authorized by Rule 4.4. See Rules 4.1, 4.2, and 4.3.

“Public election” includes primary and general elections, partisan elections, nonpartisan

elections, and retention elections. See Rule 4.4.

“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 2.12.