Supreme Judicial Court Rules
Code of Judicial Conduct: Canon 3

Supreme Judicial Court Rules  Rule 3.1 Extrajudicial activities in general

Effective Date: 01/01/2016
Updates: Adopted October 8, 2015, effective January 1, 2016

Canon 3: A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Rule 3.1

A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:

  • (A) participate in activities that are reasonably likely to interfere with the proper performance of the judge’s judicial duties;
  • (B) participate in activities that are reasonably likely to lead to recurrent disqualification of the judge;
  • (C) participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality;
  • (D) engage in conduct that would appear to a reasonable person to be coercive; or
  • (E) make use of court premises, staff, stationery, equipment, or other resources, except for use that is reasonable in scope, not prohibited by law, and incidental to activities that concern the law, the legal system, or the administration of justice.

Comment

[1]

To the extent that time permits, and judicial independence and impartiality are not compromised, judges are encouraged to engage in appropriate extrajudicial activities. Judges are uniquely qualified to engage in extrajudicial activities that concern the law, the legal system, and the administration of justice. In addition, judges are permitted and encouraged to engage in educational, religious, charitable, fraternal or civic extrajudicial activities not conducted for profit, even when the activities do not involve the law. Participation in both law-related and other extrajudicial activities helps integrate judges into their communities, and furthers public understanding of and respect for courts and the judicial system. See Rule 3.7.

[2]

This Rule emphasizes that when engaging in any extrajudicial activity, a judge must consider the obligations of judicial office and avoid any activities that are reasonably likely to interfere with those obligations.

[3]

Discriminatory actions and expressions of bias or prejudice by a judge, even outside the judge’s official or judicial actions, are likely to appear to a reasonable person to call into question the judge’s independence, integrity, or impartiality. Examples include jokes or other remarks that demean individuals based upon their race, color, sex, gender identity or expression, religion, nationality, national origin, ethnicity, citizenship or immigration status, ancestry, disease or disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. For the same reason, a judge’s extrajudicial activities must not be conducted in connection or affiliation with an organization that practices invidious discrimination. See Rule 3.6.

[4]

While engaged in permitted extrajudicial activities, judges must not coerce others or take action that would reasonably be perceived as coercive. For example, a judge’s urging a lawyer who appears in the judge’s court to assist on a time-consuming extrajudicial project would create the risk that the person solicited would feel obligated to respond favorably, or would do so to curry favor with the judge.

[5]

Paragraph (E) recognizes that reasonable use of public resources to support a judge's law-related activities advances the legitimate interests of the public and the court system.

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Updates: Adopted October 8, 2015, effective January 1, 2016

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