Ohio Jud.Cond.R. 1.2

History

Comment [1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge. [2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the code. [3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the rule is necessarily cast in general terms. [4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all. [5] Actual improprieties include violations of law, court rules, or provisions of this code. The test for appearance of impropriety is an objective standard that focuses on whether the conduct would create, in reasonable minds, a perception that the judge violated this code, engaged in conduct that is prejudicial to public confidence in the judiciary, or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as a judge. [6] A judge should initiate and participate in activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this code. See Rules 3.1 and 3.7. Comparison to Ohio Code of Judicial Conduct Rule 1.2 substantially combines the first portion of Canon 2 and the provisions of Canon 1 of the Ohio Code. Comparison to ABA Model Code of Judicial Conduct Rule 1.2 is identical to Model Rule 1.2. Comment [5] is modified to be consistent with In re Complaint Against Harper (1996), 77 Ohio St.3d 211 and Office of Disciplinary Counsel v. Medley (2001), 93 Ohio St.3d 474. Comment [6] is modified to broaden the scope of activities that are encouraged.