Va. Canons Jud. Conduct Canon 2

The standards that follow this Canon are binding and authoritative in interpreting the

Canon. Some standards will include illustrations. Such illustrations are intended to be

applied to achieve the purposes of the Canon.

A. Public and private behavior

Judges, by virtue of their office, have been placed in a position of public trust. While judges

should engage in public matters and serve their communities, they must govern their public

and private behavior to ensure the greatest public confidence in the judge’s independence,

impartiality, integrity, and competence.

B. Participation in judicial selection process

A judge may participate in the process of judicial selection by cooperating with and

responding to members of appointing authorities or screening committees, such as a bar

association screening committee concerning a person being considered for a judgeship. See

also Canon 1F.

C. Voting

A judge may vote in general, primary, and special elections. For purposes of these Canons,

voting in a special or primary election does not constitute participation in a political activity.

The act of a judge voting in a special or primary election, like voting in general elections, is

the discharge of an honorable civic duty and an obligation of responsible citizenship.

D. Participation in politics

1. A judge is required to refrain from political activity on behalf of a political

organization or candidate. Public confidence in the independence and impartiality of the

judiciary is eroded if judges are perceived to be subject to political influence. This means

that a judge must not act as a leader or hold any office in a political organization; make

speeches for a political organization or candidate, or publicly endorse or oppose a candidate

for public office; or solicit funds for or pay an assessment or make a contribution to a

political organization or candidate, attend political gatherings, or purchase tickets for

political party dinners, or other political functions.

2. A judge must resign the judge’s office when the judge becomes a candidate either in a

party primary or in a general election for a public office. A person governed by these

Canons may not simultaneously hold elective office and serve as a judge. For the purpose

of this standard, serving as a delegate in a state constitutional convention does not constitute

a public office.

3. A judge must not engage in any other political activity except on behalf of measures to

improve the law, the legal system, or the administration of justice.

E. Refraining from public comment regarding pending or impending cases

1. A judge must abstain from public comment about a pending or impending proceeding

in any court and should direct similar abstention on the part of court personnel subject to his

or her direction and control. This provision does not prohibit judges or court personnel from

speaking on the legal system or the administration of justice, or from explaining for public

information the procedures of the court. This provision does not apply to proceedings in

which the judge is a litigant in a personal capacity.

2. The requirement that judges abstain from public comment regarding a pending or

impending proceeding continues during any appellate process and through final disposition,

including disposition after remand. Even after final disposition of a proceeding, a judge

must refrain from public comment that would undermine the public’s confidence in the

judiciary or its decision making. Public confidence would be undermined, for example, by

speech, written or oral, made in a derisive or derogatory tone, such that its overall import is

to insult rather than analyze. This prohibition does not limit a judge’s ability to comment on

proceedings when such comments are made in the context of ruling on an issue or case, or

participating in activities allowed by Canon 2L(2). Moreover, this provision does not

prohibit a judge from commenting on proceedings in which the judge is a litigant in a

personal capacity or prohibit a judge from writing, lecturing, speaking, or teaching on legal

subjects consistent with Standard 1M. In cases such as a writ of mandamus, a judge is a

litigant in an official capacity and must not comment publicly.

F. Use of nonpublic information acquired in a judicial capacity

A judge may not disclose or use, for any purpose unrelated to judicial duties, information

acquired in a judicial capacity but not otherwise generally available to the public, such as

from public court proceedings or public documents filed.

G. Service as a fiduciary

1. A judge may serve as executor, administrator, or other personal representative, trustee,

guardian, attorney in fact, or other fiduciary for the estate, trust, or person of a member of

the judge’s family or a non-family member who lives with the judge or for whom the judge

has an existing relationship as a caregiver or caretaker; provided, however, that a judge may

not serve as a fiduciary if it is likely that as a fiduciary the judge will be engaged in

litigation in any courts of the Commonwealth.

2. The same restrictions on financial activities that apply to a judge personally also apply

to the judge while acting in a fiduciary capacity.

3. The restrictions imposed by this standard may conflict with the judge’s obligation as a

fiduciary, thereby necessitating the judge’s resignation as fiduciary.

4. This section does not apply to all judges as set forth in Exceptions to Applicability

3 and 4.

5. The following illustration is an example of a circumstance in which a judge should

resign as fiduciary under these standards: A judge should resign as trustee if detriment to the

trust would result from divestiture of holdings the retention of which would place the judge

in violation of any of these Canons.

H. Service on boards of charitable, civic, religious, fraternal, or educational

institutions

1. A judge may serve as an officer, director, trustee, or non-legal advisor of an

organization devoted to the improvement of the law, the legal system, or the administration

of justice, or of an educational, religious, charitable, fraternal, or civic organization not

conducted for profit, subject to the limitations of standard 2H(2) and the other requirements

of these Canons. A judge may serve as an officer, director, trustee, or non-legal advisor of

an organization devoted to the improvement of the law, the legal system, or the

administration of justice, or of an educational, religious, charitable, fraternal, or civic

organization not conducted for profit, subject to the limitations of standard 2H(2) and the

other requirements of these Canons.

2. A judge may not serve as an officer, director, trustee, or non-legal advisor of a

governmental, civic, or charitable organization if it is likely that the organization:

(a) will be engaged in proceedings that would ordinarily come before the judge, or

(b) will be engaged frequently in adversary proceedings in the court of which the

judge is a member or in any court subject to the appellate jurisdiction of the court of which

the judge is a member.

3. This section does not apply to all judges as set forth in Exception to Applicability 4.

Exercise of religious beliefs

A judge is permitted to participate in religious activities and services, including but not

limited to reading from the sacred texts of the judge’s religious tradition; serving as a cantor,

lector, speaker, or preacher; leading prayers; giving a personal faith story; serving

communion; lighting candles or participating in other religious rituals; or serving as an

usher, including passing collection plates or baskets, so long as the judge does not

personally request participants to give or pledge funds. A judge’s participation in a religious

service in which attendees are asked to give or pledge funds, or become members, is not

deemed to constitute the direct, individual solicitation of funds that is prohibited by this

Canon and such participation is permitted.

J. Membership in discriminatory organizations

1. A judge may not hold membership in any organization that practices invidious

discrimination against any protected class of individuals. Further, a judge may not hold a

membership in any organization that discriminates in a manner that would give rise to the

reasonable perception that the judge’s impartiality is impaired.

2. A judge’s membership in a religious denomination or organization as a lawful

exercise of the freedom of religion is not a violation of this Canon.

K. Comment regarding a jury’s verdict

A judge may not commend or criticize jurors for their verdict other than in a court order or

opinion in a proceeding but may express appreciation to jurors for their service to the

judicial system and to the community.

L. Extrajudicial activities

1. Complete separation of a judge from extrajudicial activities is neither possible nor

wise; a judge should not become isolated from the community.

2. A judge may engage in extrajudicial activities designed to improve the law, the legal

system, and the administration of justice, and must conduct any such extrajudicial activities

in a manner that minimizes the risk of conflict with judicial obligations. A judge may

speak, write, lecture, participate in moot courts, or teach about the law, the legal system, the

administration of justice, and non-legal subjects, subject to the requirements of these

Canons.

3. A judge is required to conduct all extrajudicial activities so that they do not:

(a) cast reasonable doubt on the judge’s capacity to act impartially; however,

reasonable doubt as to a judge’s impartiality cannot be shown merely because the judge in a

respectful manner writes, lectures, speaks, or teaches on legal subjects consistent with

Standard 1M;

(b) demean the judicial office; or

(c) interfere with the proper performance of judicial duties.

4. Becoming a judge does not require a judge to abdicate his or her parental authority

and responsibility. A judge has a right to participate in the education of his or her minor

children, and, where appropriate or upon invitation, his or her adult children.

5. In conducting personal business, a judge may wish to be contacted at his or her place

of employment. For security reasons, a judge may not want to provide the judge’s personal

addresses or telephone numbers. A judge is allowed to provide the judge’s business contact

information to any person with whom the judge transacts personal business, so long as the

judge does not do so in an attempt to exploit the judge’s official position or to obtain

treatment different from the treatment that a person who is not a judge would receive.

6. A judge who provides information about the judge’s official position or requests

assistance due to reasonable concerns about the safety of the judge or a member of the

judge’s family will not be deemed to be in violation of the Canons.

7. The following illustrations are examples of activities that are permitted under this

standard:

(a) A judge may attend parent-teacher conferences and meetings with officials of

schools or educational institutions regarding the educational progress, social progress, or

discipline of the judge’s child or any child under the judge’s custody or care. A judge in this

capacity acts not as a judge, but as a parent. In doing so, the judge must not employ

coercion or assert the prestige of judicial office. The mere fact that a judge attends such a

conference or meeting will not be deemed coercive without other accompanying coercive

conduct or statements.

(b) Due to safety concerns, a judge may ask a security guard or law enforcement

officer at an event to escort the judge to the judge’s parked vehicle when such services are

not normally provided to the general public.

M. Pro Bono Publico and access to justice

1. A judge may promote broader access to justice by encouraging lawyers to participate

in pro bono publico legal services, if in doing so the judge does not employ coercion or

abuse the prestige of judicial office. Such encouragement may take many forms, including

providing a list of available programs, training lawyers to do pro bono publico service, and

participating in events recognizing lawyers who have done pro bono publico work,

including nominating lawyers for such recognition. A judge may assist an organization in

the recruitment of lawyers or law firms to provide these services so long as the recruitment

effort cannot reasonably be perceived as coercive. This includes a judge requesting an

attorney to accept pro bono representation of a party in a proceeding pending before the

judge.

2. A judge may participate in programs concerning the law which promote the provision

of pro bono legal services, may serve on the governing boards of organizations which

promote the provision of pro bono legal services, and may provide leadership in convening,

participating, or assisting in advisory committees and community collaborations devoted to

the provision of legal services to the indigent or those with low income. A judge may also

support projects and programs directly related to the provision of services to indigent and

low-income individuals coming before the courts and may comment upon the need for

funding of such projects and programs.

N. Avoiding governmental appointments except as pertain to improvement of the law,

the legal system, or the administration of justice

1. A judge may not appear at a public hearing before, or otherwise consult with, an

executive or legislative body or official except on matters concerning the law, the legal

system, or the administration of justice, or except when acting pro se in a matter involving

the judge or the judge’s interests. When appearing pro se a judge must explain that he or

she is acting solely in a personal capacity. This section does not apply to all judges as set

forth in Exception to Applicability 3 and 4.

2. A judge may represent a country, state, or locality on ceremonial occasions or in

connection with historical, educational, or cultural activities.

3. A judge may serve on a governmental committee or commission for which the

judicial membership is provided by law or that involves the improvement of the law, the

legal system, or the administration of justice, provided the judge’s role is limited to

discussion of and voting on matters that are not issues in specific cases pending before or

likely to come before the judge. Such service may include participating on committees or

task forces created by the executive and legislative branches of state government, or by

local governments, to review policies affecting entities that interact with the judicial

system. Notwithstanding the foregoing, a judge shall not accept appointment to a

governmental committee or commission or other governmental position that is concerned

with issues of fact or policy on matters other than the improvement of the law, the legal

system, or the administration of justice. This section does not apply to all judges as set

forth in Exceptions to Applicability 3 and 4.

4. A judge may serve on a governmental committee or commission for which the judicial

membership is provided by law or that involves the improvement of the law, the legal

system, or the administration of justice, provided the judge’s role is limited to discussion of

and voting on matters that are not issues in specific cases pending before or likely to come

before the judge. Such service may include participating on committees or task forces

created by the executive and legislative branches of state government, or by local

governments, to review policies affecting entities that interact with the judicial system. This

section does not apply to all judges as set forth in Exceptions to Applicability 3 and 4.

5. Nothing contained in these Canons is deemed to prohibit a judge from serving in a

nonvoting capacity on the board or a committee, or as a trained volunteer, of The Virginia

Judges & Lawyers Assistance Program, or any similar governmental program for judges or

lawyers.

O. Fund raising

1. This Canon is not intended to prohibit judges from participating in all charitable

events. Judges are encouraged to be involved in community activities so long as the judge

does not participate in the direct solicitation of funds and the prestige of the office is not

used for fund raising. The attendance of a judge at a fund-raising event may be permitted as

long as the judge is not soliciting funds and the judge does not allow, or acquiesce in, the

organization’s use of the judge’s attendance for fund raising. A judge must make reasonable

efforts to ensure that the judge’s staff, court officials, and others subject to the judge’s

direction and control do not solicit funds on the judge’s behalf.

2. A judge as an officer, director, trustee, member, or non-legal advisor of a government,

civic, or charitable organization, or as an attendee of such an organization’s events, may:

(a) attend an organization’s fund-raising events;

(b) assist such an organization in planning fund raising and participate in the

management and investment of the organization’s funds;

(c) make recommendations to public and private fund-granting organizations on

projects and programs concerning the law, the legal system, or the administration of justice;

(d) as an officer of such an organization, send a general membership solicitation

mailing over the judge’s signature;

(e) serve as an usher or a food server or preparer, or perform similar functions, at

fund-raising events sponsored by educational, religious, charitable, fraternal, or civic

associations; or

(f) receive acknowledgment as a distinguished alumnus of a law school or other

educational institution attended by the judge, or as a distinguished member of a government,

civic, or charitable organization including providing or posing for photographs.

3. The following illustrations are examples of activities that are permitted so long as the

judge’s judicial office is not advertised or used to promote the events:

(a) preparing or serving food and beverages, including handling sale proceeds, at

school events, youth sports events, non-political picnics or gatherings, religious events, or

other fund-raising events sponsored by organizations or associations described in this

section;

(b) decorating, setting up for events, cleaning up after events, assisting in registration

for events, or providing assistance to people attending events;

(c) attending an event at which a member of the judge’s family or a personal friend

is a speaker or guest of honor; or

(d) assisting and accompanying their children in their fund-raising activities if the

procedures employed are not coercive and the sums nominal.

4. A judge may not:

(a) personally participate in the solicitation of funds;

(b) personally participate in membership solicitation if the solicitation might

reasonably be perceived as coercive or if the membership solicitation is essentially a fund-raising mechanism;

(c) use or permit the use of the prestige of judicial office for fund raising or

membership solicitation; or

(d) be a speaker or guest of honor at an organization’s fund-raising events, unless the

events concern raising funds for improving access to the legal system for indigent or low-income individuals, but the judge may attend any such events.

5. Use of an organization’s letterhead for fund raising or membership solicitation does

not violate these Canons provided the letterhead lists only the judge’s name and office or

other position in the organization without identification that he or she is a judge.

P. Limitations on practice of law

A judge may not practice law. Notwithstanding this prohibition, a judge may act pro se. A

judge may, without compensation, give legal advice to and draft or review documents for a

member of the judge’s family. However, a judge must not act as an advocate or negotiator

for a member of the judge’s family in a legal matter. This section does not apply to all

judges as set forth in Exceptions to Applicability 3 and 4. The practice of law by retired

judges and Commissioners who are receiving benefits under the Judicial Retirement System

is governed by the provisions of the Virginia Code.

Q. Avoidance of facial expression, body language, or statements suggesting bias or

prejudice

Expressions of bias or prejudice by a judge are prohibited. Such expressions cast reasonable

doubt on the judge’s capacity to act impartially as a judge.

Facial expression and body language, in addition to oral communication, can give to parties

or lawyers in the proceeding, jurors, and the public, an appearance of judicial bias. A judge

must be alert to avoid behavior that may reasonably call into question the judge’s

independence, impartiality, integrity, and competence.

R. Decorum in courtroom

A judge should require all persons appearing in proceedings before the judge to refrain from

manifesting, by words or conduct, bias or prejudice based on membership in any protected

class against parties, witnesses, counsel, or others. This does not preclude legitimate

advocacy when membership in a protected class, or any similar factor, is at issue in the

proceeding.

S. Judicial appointments

Judicial appointees include assigned counsel; officials such as commissioners, receivers, and

guardians; and personnel such as clerks and secretaries. A judge should not make

unnecessary appointments. A judge must exercise the power of appointment impartially. A

judge must avoid nepotism and unfair preferential treatment. A judge may not approve

compensation of appointees beyond the fair value of services rendered.

T. Disciplinary responsibilities

1. A judge who receives reliable information indicating a substantial likelihood that

another judge has committed a violation of these Canons or standards that raises a

substantial question as to the judge’s fitness for office must inform the Judicial Inquiry and

Review Commission.

2. A judge who receives reliable information indicating a substantial likelihood that a

lawyer has committed a violation of the Rules of Professional Conduct that raises a

substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer in

other respects must inform the Virginia State Bar.

3. A judge has absolute immunity from civil action with respect to the discharge of

disciplinary responsibilities under this standard.

4. The provisions of this Canon do not require any action by a judge or the disclosure of

knowledge or information gained by a judge who is a board or committee member of The

Virginia Judges & Lawyers Assistance Program, or who is a board or committee member of

any other wellness or assistance program, or who is a trained volunteer for any such

program, or who is otherwise cooperating in a particular assistance effort when such

knowledge or information is obtained for the purpose of fulfilling the recognized objectives

of the program.

U. Financial activities

1. In order to avoid creating an appearance of exploitation of office or favoritism and to

minimize the potential for disqualification, a judge must not engage in financial and

business dealings that

(a) may reasonably be perceived to exploit the judge’s judicial position, or

(b) involve the judge in frequent transactions or continuing business relationship with

those lawyers or other persons likely to come before the court on which the judge serves.

2. A judge may, however, hold and manage investments of the judge and members of the

judge’s family, including real estate. A judge may not serve as an officer, director,

manager, general partner, advisor, or employee of any business entity except that a judge

may manage and participate in: (i) a business closely held by the judge or members of the

judge’s family, or (ii) a business entity primarily engaged in investment of the financial

resources of the judge or members of the judge’s family. This section does not apply to all

judges as set forth in Exceptions to Applicability 3 and 4.

3. A judge should manage the judge’s investments and other financial interests to

minimize the number of cases in which the judge is recused. As soon as the judge can do so

without serious financial detriment, the judge must divest himself or herself of investments

and other financial interests that might require frequent recusal.

V. Adherence to law

A judge must respect and comply with the law. Deference to the judgments and rulings of

courts depends upon public confidence in the integrity and independence of judges. The

integrity and independence of judges depends in turn upon their acting without fear or favor.

Although judges should be independent, they must comply with the law, including the

provisions of these Canons. Public confidence in the impartiality of the judiciary is

maintained by the adherence of each judge to this responsibility. Conversely, violation of

this Canon diminishes public confidence in the judiciary and thereby does injury to the

system of government under law.