R.I. Sup. Ct. R. Art. VI, Terminology

The first time any term listed below is used in a Rule or its Commentary 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 Rules 2.14 and

2.15.

“Continuing Part-Time Judge” means a judge who serves repeatedly on a part-time

basis by election or under a continuing appointment. See Application III.

“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 3.1,

3.7, and 4.1.

“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 2.11 and 3.8.

“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 2.11, 2.13, 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 civil

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,

2.11, 3.2, and 3.8.

“Employee” means a person working for another person or a business entity for

financial remuneration under an express or implied contract of employment. It does not

include an officer, director, manager, general partner, or advisor of any business entity. See

Application II(B) and Rule 3.11.

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

See Application V and Rules 2.11, 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, 3, and 4,

and Rules 1.2, 2.2, 2.6, 2.7, 2.8, 2.10, 2.11, 2.13, 3.1, 3.2, 3.4, 3.6, 3.7, 3.12, 3.13, 3.14, 4.1

and 4.2.

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

See Rules 2.9, 2.10, 3.2, and 3.13.

“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, Judicial Advisory Committee, and Rules 1.2, 3.6, and 3.13.

“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, 2.7, 2.10, 3.1, 3.2, 3.4, 3.7, 3.12,

3.13, 3.14, and 4.1.

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

See Canon 1, Canon 4, and Rule 1.2, 2.7, 2.10, 2.16, 3.1, 3.2, 3.6, 3.7, 3.12, 3.13 and

3.14.

“Judge” or “Judicial officer” means anyone who is authorized to perform judicial

functions, including a judicial officer appointed for a term and confirmed by the Senate, a

justice of the peace, magistrate, court commissioner, special master, municipal, probate or

housing judge or referee.

“Judicial candidate” means any person, including a sitting judge, who is seeking

selection for judicial office by the Judicial Nominating Commission, election, appointment,

or reappointment. See Application I and Rule 3.3.

“Judicial nominee” means any person who has been nominated for judicial office by

the governor or by other appointing authority. See Application I, Canon 4, and Rules 2.11,

4.1, and 4.2.

“Knowingly,” “knowledge,” “known,” and “knows” mean actual knowledge of the fact

in question. A person’s knowledge may be inferred from circumstances. See Rules 1.3, 2.3,

2.5, 2.11, 2.15, 2.16, and 3.6.

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

decisional law. See Application I and III, and Rules 1.1, 1.3, 2.1, 2.2, 2.4, 2.6, 2.7, 2.8,

2.9, 2.13, 3.1, 3.2, 3.4, 3.7, 3.9, 3.10, 3.12, 3.13, 3.14, and 4.1.

“Member of the nominee’s family” means a spouse, domestic partner, child,

grandchild, parent, grandparent, or other relative or person with whom the nominee

maintains a close familial relationship.

“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 2.1, 2.4, 3.7, 3.8, 3.10, 3.11, 3.13, and 4.1.

“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 2.11 and 3.13.

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

Nonpublic information may 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.

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

through any appellate process until final disposition. See Judicial Advisory Committee and

Rules 2.9, 2.10, 3.2, and 3.13.

“Periodic part time judge” means a judge who serves or expects to serve repeatedly on

a part-time basis, but under a separate appointment for each limited period of service or for

each matter. See Application IV.

“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. See Rule 4.1 and 4.2.

“Pro Tempore Part Time Judge” means a judge who serves or expects to serve once or

only sporadically on a part-time basis under a separate appointment for each period of

service or for each case heard. See Application IV.

“Solicit” means a direct request made by a judge or a judicial candidate for financial

support or in-kind services, whether made by letter, telephone, or any other means of

communication. See Rules 3.1, 3.7, and 4.1.

“Subject to mandatory recall” applies to retired justices of the Rhode Island Supreme

Court as well as all other retired judges who retire on full pay pursuant to R.I. General

Laws §§ 8-3-8, 28-30-16, or 28-30-16.2 and who, therefore, at the direction of the chief

judge of the respective court shall be assigned to perform those judicial services as the chief

judge may prescribe. See Application II(A) and Rule 3.10.

“Subject to voluntary recall” applies to retired judges who retire on reduced pay

pursuant to R.I. General Laws §§ 8-3-7, 8-8.2-6, 8-8.2-9, 28-30-15, or 28-30-15.1, but who

file an election in writing and make themselves available for recall at the direction of the

chief judge of the respective court to be assigned to perform those judicial services as the

chief judge may prescribe. See Application II(B) and Rule 3.10.

“Third degree of relationship” includes the following persons: great-grandparent,

grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild,

nephew, and niece. See Rules 2.11 and 2.13.