| Effective Date: | 01/01/2016 |
|---|---|
| Updates: | Adopted October 8, 2015, effective January 1, 2016 |
Canon 2: A judge shall perform the duties of judicial office impartially, competently, and diligently.
- This page, Rule 2.8 Decorum, demeanor, and communication with jurors, is offered by
- Massachusetts Supreme Judicial Court
- Trial Court Law Libraries
- Massachusetts Court System
Supreme Judicial Court Rules
Code of Judicial Conduct: Canon 2
Supreme Judicial Court Rules Rule 2.8 Decorum, demeanor, and communication with jurors
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Table of Contents
Rule 2.8
(A)
A judge shall require order and decorum in proceedings before the court.
(B)
A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court personnel, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court personnel, and others subject to the judge's direction and control.
(C)
A judge shall 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 the community.
Comment
[1]
The duty to conduct all proceedings with patience and courtesy is not inconsistent with the duty imposed in Rule 2.5 to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate.
[2]
Commending or criticizing jurors for their verdict, other than in a court order or opinion, may imply a judicial expectation in future cases and may impair a juror's ability to be fair and impartial in a subsequent case. Such commendations or criticisms of verdicts could also be perceived as calling into question the judge's ability to rule impartially on any post-trial motions, or on remand, in the same case.
[3]
A judge who is not otherwise prohibited by law from doing so may meet with jurors who choose to remain after trial but should be careful not to discuss the merits of the case.
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Online
Email a reference librarian:
Email Trial Court Law Libraries at lawlibraries@jud.state.ma.us
| Updates: | Adopted October 8, 2015, effective January 1, 2016 |
|---|