IS YOUR JUDGE FOLLOWING THEIR ETHICAL RULES ?
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VI. JUDICIAL ETHICS
AZ ST S CT RULE 81 CJC
R. 81, References and Annotations
Rule 81. Arizona Code of Judicial Conduct
PREAMBLE
TERMINOLOGY
Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary
Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in
All of
the Judge's Activities
Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and
Diligently
Canon 4. A Judge Shall So Conduct the Judge's Extra-Judicial Activities as to
Minimize the
Risk of Conflict With Judicial Obligations
Canon 5. A Judge or Judicial Candidate Shall Refrain From Inappropriate
Political
Activity
APPLICATION OF THE CODE OF JUDICIAL
RULES OF THE SUPREME
COURT OF ARIZONA
VI. JUDICIAL ETHICS
RULE 81. CODE OF JUDICIAL CONDUCT
Copr. © West Group 2002. All rights reserved.
Current with amendments received through 03/01/02
TERMINOLOGY
The following terms
have specific meanings within the context of this code. The sections
where the terms appear are referred to after the explanation of each term
below.
"Appropriate authority" denotes the authority with responsibility for
initiation of
disciplinary process with respect to the violation to be reported. See §§ 3D(1)
and 3D(2).
"Candidate." A candidate is a person seeking selection for or
retention in judicial office by
election or appointment. A person becomes a candidate for judicial office as
soon as he or
she makes a public announcement of candidacy, authorizes circulation of a
nominating
petition, declares or files as a candidate with the election or appointment
authority, or
authorizes solicitation or acceptance of contributions or support. The term
"candidate"
has the same meaning when applied to a judge seeking election or appointment to
non-judicial office. See Preamble and §§ 5A, 5B, and 5C.
"Court personnel" does not include the lawyers in a proceeding before
a judge. See §§
3B(7)(c) and 3B(9).
"Financial interest" means ownership of a legal or equitable interest
of substance or a
relationship as officer, director, advisor or other active participant in the
affairs of a
party, except that:
(i) ownership of an interest in a mutual or common investment fund that holds
securities
is not a financial interest in such securities unless the judge participates in
the
management of the fund or a proceeding pending or impending before the judge
could
substantially affect the value of the interest;
(ii) service by a judge as an officer, director, advisor or other active
participant in an
educational, religious, charitable, fraternal or civic organization, or service
by a judge's
spouse, parent or child as an officer, director, advisor or other active
participant in any
organization does not create a financial interest in securities held by that
organization;
(iii) a deposit in a financial institution, the proprietary interest of a
policy holder in a
mutual insurance company, of a depositor in a mutual savings association or of
a member
in a credit union, or a similar proprietary interest, is not a financial
interest in the
organization unless a proceeding pending or impending before the judge could
substantially affect the value of the interest;
(iv) ownership of government securities is not a financial interest in the
issuer unless a
proceeding pending or impending before the judge could substantially affect the
value of
the securities.
See §§ 3E(1)(c) and 3E(2) and definition of "interest of substance."
"Fiduciary" includes such relationships as executor, administrator,
trustee, guardian,
personal representative, and conservator. See §§ 3E(2) and 4E.
"Interest of substance" denotes any financial interest in a closely
held corporation or
business and, in the case of a publicly held corporation, denotes a legal or
equitable
interest, the value of which is likely to be increased or decreased to any
material extent by
the outcome of the litigation. See definition of "financial
interest."
"Knowingly," "knowledge," "known" or
"knows" denotes actual knowledge of the fact in
question. A person's knowledge may be inferred from circumstances. See §§ 3D,
3E(1), and
5A(3).
"Law" denotes court rules as well as statutes, constitutional
provisions and decisional law.
See §§ 2A, 3A, 3B(2), 3B(6), 4B, 4C, 4D(5), 4F, 4I, 5A(4), and 5B(2).
"Member of the candidate's family" denotes a spouse, child,
grandchild, parent,
grandparent or other relative or person with whom the candidate maintains a
close
familial relationship including any person residing in the candidate's
household. See §
5B(1)(a).
"Member of the judge's family" denotes a spouse, child, grandchild,
parent, grandparent,
or other relative or person with whom the judge maintains a close familial
relationship
including any person residing in the judge's household. See §§ 3E(1)(c), 4D(3),
4D(5), 4E
and 4G.
"Nonpublic information" denotes information that, by law, is not
available to the public.
Nonpublic information may include but is not limited to: information that is
sealed by
statute or court order, impounded or communicated in camera; and information
offered
in grand jury proceedings, presentencing reports, dependency cases or
psychiatric
reports. See § 3B(11).
"Political organization" denotes a political party or other group,
the principal purpose of
which is to further the election or appointment of candidates to political
office. See §
5A(1).
"Public election." This term includes primary and general elections;
it includes partisan
elections, nonpartisan elections and retention elections. See § 5B.
"Require." The rules prescribing that a judge "require"
certain conduct of others are, like all
of the rules in this code, rules of reason. The use of the term
"require" in that context
means a judge is to exercise reasonable direction and control over the conduct
of those
persons subject to the judge's direction and control. See §§ 3B(3), 3B(4),
3B(5), 3B(6),
3B(9) and 3C(2).
"Third degree of relationship." The following persons are relatives
within the third degree
of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother,
sister, child,
grandchild, great-grandchild, nephew or niece. See § 3E(1)(d).
17A A. R. S. Sup. Ct. Rules, Rule 81, Code of Jud. Conduct, Terminology
AZ ST S CT RULE 81 CJC Terminology
Canon 1. A Judge Shall
Uphold the Integrity and Independence of the Judiciary
A. [FN1] An
independent and honorable judiciary is indispensable to justice in our
society. A judge should participate in establishing, maintaining and enforcing high
standards of conduct, and shall personally observe those standards so that the
integrity
and independence of the judiciary will be preserved. The provisions of this
code are to be
construed and applied to further that objective.
Canon 2. A Judge Shall
Avoid Impropriety and the Appearance of Impropriety in All of
the Judge's Activities
A. A judge shall
respect and comply with the law and shall act at all times in a manner that
promotes public confidence in the integrity and impartiality of the judiciary.
B. A judge shall not allow family, social, political or other relationships to
influence the
judge's judicial conduct or judgment. A judge shall not lend the prestige of
judicial office to
advance the private interests of the judge or others; nor shall a judge convey
or permit
others to convey the impression that they are in a special position to
influence the judge.
A judge shall not testify voluntarily as a character witness.
C. A judge shall not hold membership in any organization that practices invidious
discrimination on the basis of race, sex, religion or national origin.
Canon 3. A Judge Shall
Perform the Duties of Judicial Office Impartially and Diligently
A. Judicial Duties in
General. The judicial duties of a judge take precedence over all the
judge's other activities. The judge's judicial duties include all the duties of
the judge's office
prescribed by law. In the performance of these duties, the following standards
apply.
B. Adjudicative Responsibilities.
(1) A judge shall hear and decide matters assigned to the judge except those in
which
disqualification is required.
(2) A judge shall be faithful to the law and maintain professional competence
in it. A judge
shall not be swayed by partisan interests, public clamor or fear of criticism.
(3) A judge shall require order and decorum in proceedings before the judge.
(4) A judge shall be patient, dignified and courteous to litigants, jurors,
witnesses, lawyers
and others with whom the judge deals in an official capacity, and shall require
similar
conduct of lawyers, and of staff, court officials and others subject to the
judge's direction
and control.
(5) A judge shall perform judicial duties without bias or prejudice. A judge
shall not, in the
performance of judicial duties, by words or conduct manifest bias or prejudice,
including
but not limited to bias or prejudice based upon race, sex, religion, national
origin,
disability, age, sexual orientation or socioeconomic status, and shall not
permit staff,
court officials and others subject to the judge's direction and control to do
so.
(6) A judge shall require lawyers in proceedings before the judge to refrain
from
manifesting, by words or conduct, bias or prejudice based upon race, sex,
religion,
national origin, disability, age, sexual orientation or socioeconomic status,
against
parties, witnesses, counsel or others. This § 3B(6) does not preclude
legitimate advocacy
when race, sex, religion, national origin, disability, age, sexual orientation
or
socioeconomic status, or other similar factors, are issues in the proceeding.
(7) A judge shall accord to every person who has a legal interest in a
proceeding, or that
person's lawyer, the right to be heard according to law. A judge shall not
initiate, permit,
or consider ex parte communications, or consider other communications made to
the
judge outside the presence of the parties concerning a pending or impending
proceeding
except that:
(a) Where circumstances require, ex parte communications for scheduling,
administrative
purposes or emergencies that do not deal with substantive matters or issues on
the merits
are authorized; provided:
(i) the judge reasonably believes that no party will gain a procedural or
tactical advantage
as a result of the ex parte communication, and
(ii) the judge makes provision promptly to notify all other parties of the
substance of the
ex parte communication and allows an opportunity to respond.
(b) A judge may obtain the advice of a disinterested expert on the law
applicable to a
proceeding.
(c) A judge may consult with court personnel whose function is to aid the judge
in carrying
out the judge's adjudicative responsibilities or with other judges.
(d) A judge may, with the consent of the parties, confer separately with the
parties and
their lawyers in an effort to mediate or settle matters pending before the
judge.
(e) A judge may initiate or consider any ex parte communications when expressly
authorized by law to do so.
(8) A judge shall dispose of all judicial matters promptly, efficiently and
fairly.
(9) A judge shall not, while a proceeding is pending or impending in any court,
make any
public comment that might reasonably be expected to affect its outcome or
impair its
fairness or make any nonpublic comment that might substantially interfere with
a fair trial
or hearing. The judge shall require similar abstention on the part of court
personnel
subject to the judge's direction and control. This section does not prohibit
judges from
making public statements in the course of their official duties or from
explaining for public
information the procedures of the court. This section does not apply to
proceedings in
which the judge is a litigant in a personal capacity.
(10) 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.
(11) A judge shall not disclose or use, for any purpose unrelated to judicial
duties,
nonpublic information acquired in a judicial capacity.
(12) A judge shall participate actively in judicial education programs and
shall complete
mandatory judicial education requirements.
C. Administrative Responsibilities.
(1) A judge shall diligently discharge the judge's administrative
responsibilities without
bias or prejudice and maintain professional competence in judicial
administration, and
should cooperate with other judges and court officials in the administration of
court
business.
(2) A judge shall require staff, court officials and others subject to the
judge's direction and
control to observe the standards of fidelity and diligence that apply to the
judge and to
refrain from manifesting bias or prejudice in the performance of their official
duties.
(3) A judge with supervisory responsibility for the judicial performance of
other judges
shall take reasonable measures to assure the prompt disposition of matters
before them
and the proper performance of their other judicial responsibilities.
(4) A judge shall not make unnecessary appointments. A judge shall exercise the
power of
appointment impartially and on the basis of merit. A judge shall avoid nepotism
and
favoritism. A judge shall not approve compensation of appointees beyond the
fair value of
services rendered.
(5) A judge shall require staff, court officials and others subject to the
judge's direction and
control to comply with the provisions of the code of conduct adopted for
judicial
employees by the supreme court.
D. Disciplinary Responsibilities.
(1) A judge who has knowledge or who receives reliable information that another
judge
has committed a violation of this code shall take or initiate appropriate
action. A judge
who has knowledge or who receives reliable information that another judge has
committed a violation of this code that raises a substantial question as to the
judge's
honesty, trustworthiness or fitness as a judge in other respects shall inform
the
appropriate authority.
(2) A judge who receives information indicating a substantial likelihood that a
lawyer has
committed a violation of the Rules of Professional Conduct should take
appropriate
action. A judge having knowledge 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 shall inform the
appropriate
authority.
(3) Acts of a judge, in the discharge of disciplinary responsibilities,
required or permitted
by §§ 3D(1) and 3D(2) are part of a judge's judicial duties and shall be
absolutely
privileged, and no civil action predicated thereon may be instituted against
the judge.
E. Disqualification.
(1) A judge shall disqualify himself or herself in a proceeding in which the
judge's
impartiality might reasonably be questioned, including but not limited to
instances where:
(a) the judge has a personal bias or prejudice concerning a party or a party's
lawyer, or
personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) the judge served as a lawyer in the matter in controversy, or a lawyer with
whom the
judge practiced law within the preceding seven (7) years served during such
association
as a lawyer concerning the matter, or the judge has been a material witness
concerning it;
(c) the judge knows that he or she, individually or as a fiduciary, or the
judge's spouse,
parent or child wherever residing, or any other member of the judge's family
residing in
the judge's household, has a financial interest in the subject matter in
controversy or in a
party to the proceeding or any other interest that could be substantially
affected by the
proceeding;
(d) the judge or the judge's spouse, or a person within the third degree of
relationship to
either of them, or the spouse of such a person:
(i) is a party to the proceeding, or an officer, director or trustee of a
party;
(ii) is acting as a lawyer in the proceeding;
(iii) is known by the judge to have an interest that could be substantially
affected by the
proceeding;
(iv) is to the judge's knowledge likely to be a material witness in the proceeding.
(2) A judge shall keep informed about the judge's personal and fiduciary
financial
interests, and make a reasonable effort to keep informed about the personal
financial
interests of the judge's spouse and minor children residing in the judge's household.
F. Remittal of Disqualification. A judge disqualified by the terms of § 3E may,
instead of
withdrawing from the proceeding, disclose on the record the basis of the
disqualification.
If the parties and their lawyers after such disclosure and an opportunity to
confer outside
of the presence of the judge, all agree in writing or on the record that the
judge should not
be disqualified, and the judge is then willing to participate, the judge may
participate in
the proceedings. The agreement should be incorporated in the record of the
proceeding.
Canon 4. A Judge Shall
So Conduct the Judge's Extra-Judicial Activities as to Minimize the
Risk of Conflict With Judicial Obligations
A. Extra-Judicial Activities
in General. A judge shall conduct all of the judge's
extra-judicial activities so that they do not:
(1) cast reasonable doubt on the judge's capacity to act impartially as a
judge;
(2) demean the judicial office; or
(3) interfere with the proper performance of judicial duties.
B. Avocational Activities. A judge may speak, write, lecture, teach and
participate in other
extra-judicial activities concerning the law, the legal system, the
administration of justice
and non-legal subjects, subject to the requirements of this code.
C. Governmental, Civic or Charitable Activities.
(1) A judge shall 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.
(2) 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. A
judge may, however, represent a country, state or locality on ceremonial
occasions or in
connection with historical, educational or cultural activities.
(3) A judge may serve as a member, officer, or director of an organization or
governmental agency devoted to the improvement of the law, the legal system, or
the
administration of justice. A judge may assist such an organization in raising
funds and may
participate in their management and investment, but should not personally
participate in
public fund-raising activities. A judge may make recommendations to public and
private
fund-granting agencies on projects and programs concerning the law, the legal
system,
and the administration of justice.
(4) A judge may participate in civic and charitable activities that do not
reflect adversely
upon the judge's impartiality or interfere with the performance of the judge's
judicial
duties. A judge may serve as an officer, director, trustee, or non-legal
advisor of an
educational, religious, charitable, fraternal, or civic organization not
conducted for the
economic or political advantage of its members, subject to the following
limitations:
(a) A judge should not serve if it is likely that the organization will be
engaged in
proceedings that would ordinarily come before the judge or will be regularly
engaged in
adversary proceedings in any court.
(b) A judge should not solicit funds for any educational, religious,
charitable, fraternal, or
civic organization, or use or permit the use of the prestige of office for that
purpose, but a
judge may be listed as an officer, director, or trustee of such an
organization, so long as
the listing is not used for fund-raising purposes. A judge should not be a
speaker or the
guest of honor at an organization's fund-raising events, but may attend such
events.
(c) A judge should not give investment advice to such an organization, but a
judge may
serve on its board of directors or trustees even though it has the
responsibility for
approving investment decisions.
D. Financial Activities.
(1) A judge shall 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
relationships with
those lawyers or other persons likely to come before the court on which the
judge serves.
(2) A judge may, subject to the requirements of this code, hold and manage
investments of
the judge and members of the judge's family, including real estate, and engage
in other
remunerative activity.
(3) A judge shall not serve as an officer, director, manager, general partner,
advisor or
employee of any business entity except that a judge may, subject to the
requirements of
this code, manage and participate in:
(a) a business closely held by the judge or members of the judge's family, or
(b) a business entity primarily engaged in investment of the financial
resources of the
judge or members of the judge's family.
(4) A judge shall manage the judge's investments and other financial interests
to minimize
the number of cases in which the judge is disqualified. As soon as the judge
can do so
without serious financial detriment, the judge shall divest himself or herself
of
investments and other financial interests that might require frequent
disqualification.
(5) A judge shall not accept, and shall urge members of the judge's family
residing in the
judge's household not to accept, a gift, bequest, favor or loan from anyone
except for:
(a) a gift incident to a public testimonial, books, tapes and other resource
materials
supplied by publishers on a complimentary basis for official use, or an
invitation to the
judge and the judge's spouse or guest to attend a bar-related function or an
activity
devoted to the improvement of the law, the legal system or the administration
of justice;
(b) a gift, award or benefit incident to the business, profession or other
separate activity of
a spouse or other family member of a judge residing in the judge's household,
including
gifts, awards and benefits for the use of both the spouse or other family
member and the
judge (as spouse or family member), provided the gift, award or benefit could
not
reasonably be perceived as intended to influence the judge in the performance
of judicial
duties;
(c) ordinary social hospitality;
(d) a gift from a relative or friend, for a special occasion, such as a
wedding, anniversary or
birthday, if the gift is fairly commensurate with the occasion and the
relationship;
(e) a gift, bequest, favor or loan from a relative or close personal friend
whose appearance
or interest in a case would in any event require disqualification under § 3E;
(f) a loan from a lending institution in its regular course of business on the
same terms
generally available to persons who are not judges;
(g) a scholarship or fellowship awarded on the same terms and based on the same
criteria
applied to other applicants; or
(h) any other gift, bequest, favor or loan, only if: the donor is not a party
or other person
who has come or is likely to come or whose interests have come or are likely to
come
before the judge; and, if its value exceeds the statutory minimum for financial
disclosure,
the judge reports it in the same manner as the judge reports compensation in §
4H.
E. Fiduciary Activities.
(1) A judge shall not serve as executor, administrator or other personal
representative,
trustee, guardian, attorney in fact or other fiduciary, except for the estate,
trust or person
of a member of the judge's family and then only if such service will not
interfere with the
proper performance of judicial duties.
(2) A judge shall not serve as a fiduciary if it is likely that the judge as a
fiduciary will be
engaged in proceedings that would ordinarily come before the judge, or if the
estate, trust
or ward becomes involved in adversary proceedings in the court on which the
judge
serves or one under its appellate jurisdiction.
(3) The same restrictions on financial activities that apply to a judge
personally also apply
to the judge while acting in a fiduciary capacity.
F. Service as Arbitrator or Mediator. A judge shall not act as an arbitrator or
mediator or
otherwise perform judicial functions in a private capacity unless expressly
authorized by
law.
G. Practice of Law. A judge shall not practice law. Notwithstanding this
prohibition, a
judge may act pro se and may, without compensation, give legal advice to and
draft or
review documents for a member of the judge's family.
H. Compensation, Reimbursement and Reporting.
(1) Compensation and Reimbursement. A judge may receive compensation and
reimbursement of expenses for the extra-judicial activities permitted by this
code, if the
source of such payments does not give the appearance of influencing the judge's
performance of judicial duties or otherwise give the appearance of impropriety.
(a) Compensation shall not exceed a reasonable amount nor shall it exceed what
a person
who is not a judge would receive for the same activity.
(b) Expense reimbursement shall be limited to the actual cost of travel, food
and lodging
reasonably incurred by the judge and, where appropriate to the occasion, by the
judge's
spouse or guest. Any payment in excess of such an amount is compensation.
(2) Public Reports. A judge shall report compensation for extra-judicial
activities as
required by law.
I. Disclosure of a judge's income, debts, investments or other assets is
required only to the
extent provided in this Canon and in §§ 3E and 3F, or as otherwise required by
law.
J. Wedding Ceremonies.
(1) The performance of wedding ceremonies by a judge is a discretionary
function rather
than a mandatory function of the court.
(2) A judge shall not interrupt or delay any regularly scheduled or pending
court
proceeding in order to perform a wedding ceremony.
(3) A judge shall not advertise his or her availability for performing wedding
ceremonies.
(4) A judge shall not charge or accept a fee, honorarium, gratuity or
contribution for
performing a wedding ceremony during court hours.
(5) A judge may charge a reasonable fee or honorarium to perform a wedding
ceremony
during non-court hours, whether the ceremony is performed in the court or away
from
the court.
Canon 5. A Judge or
Judicial Candidate Shall Refrain From Inappropriate Political
Activity
A. Political Conduct
in General.
(1) A judge or a candidate for election to judicial office shall not:
(a) act as a leader or hold any office in a political organization;
(b) make speeches for a political organization or candidate or publicly endorse
a
candidate for public office;
(c) solicit funds for or pay an assessment to a political organization or
candidate, or make
contributions to a political party or organization or to a non-judicial
candidate in excess
of a combined total of Two Hundred Fifty Dollars per year; or
(d) actively take part in any political campaign other than his or her own
election,
reelection or retention in office.
(2) A judge or a non-judge who is a candidate for judicial office may speak to
political
gatherings on his or her own behalf.
(3) A judge may purchase tickets for political dinners or other similar
functions but
attendance at any such functions shall be restricted so as not to constitute a
public
endorsement of a candidate or cause otherwise prohibited by these canons.
(4) A judge shall resign from judicial office upon becoming a candidate for a
non-judicial
office either in a primary or in a general election, except that the judge may
continue to
hold judicial office while being a candidate for election to or serving as a
delegate in a state
constitutional convention if the judge is otherwise permitted by law to do so.
(5) Except as otherwise permitted in this code, a judge shall not engage in any
other
political activity except on behalf of measures to improve the law, the legal
system, or the
administration of justice.
B. Judicial Campaign Conduct.
(1) A candidate, including an incumbent judge, for a judicial office that is
filled either by
public election between competing candidates or on the basis of a merit
selection system
or retention election:
(a) shall maintain the dignity appropriate to judicial office and act in a
manner consistent
with the integrity and independence of the judiciary, and shall encourage
members of the
candidate's family to adhere to the same standards of political conduct in
support of the
candidate as apply to the candidate;
(b) shall prohibit employees and officials who serve at the pleasure of the
candidate, and
shall discourage other employees and officials subject to the candidate's
direction and
control from doing on the candidate's behalf what the candidate is prohibited
from doing
under the sections of this Canon;
(c) shall not authorize or knowingly permit any other person to do for the
candidate what
the candidate is prohibited from doing under the sections of this Canon;
(d) shall not:
(i) make pledges or promises of conduct in office other than the faithful and
impartial
performance of the duties of the office;
(ii) make statements that commit or appear to commit the candidate with respect
to cases,
controversies or issues that are likely to come before the court;
(iii) knowingly misrepresent the identity, qualifications, present position or
other fact
concerning the candidate or an opponent; or
(iv) announce the judge's views on disputed political or legal issues.
(e) may respond to personal attacks or attacks on the candidate's record as
long as the
response does not violate § 5B.
(2) A candidate, including an incumbent judge, for a judicial office, whether
by a contested
election or seeking the retention of the office according to law, shall comply
with the
Arizona statutes relating to the financial aspects of the candidacy. All
candidates should
refrain from personally soliciting campaign contributions. They should refer
prospective
contributors to the candidate's campaign committee.
(3) An incumbent judge who is a candidate for retention in or re-election to
office may
campaign for retention in or re-election to office; may obtain publicly stated
support; and
in the manner provided in subsection B(2) may obtain campaign funds.
C. Applicability. Canon 5 generally applies to all incumbent judges and
judicial candidates.
A successful candidate, whether or not an incumbent, is subject to judicial
discipline for
his or her campaign conduct; an unsuccessful candidate who is a lawyer is
subject to
lawyer discipline for his or her campaign conduct. A lawyer who is a candidate
for judicial
office is subject to ER 8.2(b) of the Arizona Rules of Professional Conduct.
APPLICATION OF THE
CODE OF JUDICIAL CONDUCT
A. Judge. Anyone,
whether or not a lawyer, who is an officer of a judicial system and who
performs judicial functions, including an officer such as a justice of the
peace, magistrate,
court commissioner, special master, hearing officer or referee, is a judge
within the
meaning of this code. All judges shall comply with this code except as provided
below.
B. Retired Judge Available for Assignment. A retired judge available for
assignment to
judicial service and during such service is not required to comply with §§
4C(2), 4D(2),
4D(3), 4E, 4F, 4G, 4H and 4I.
C. Part-time Judge. A part-time judge is a person who serves on a continuing or
periodic
basis, but is permitted by law to devote time to some other profession or
occupation and
whose compensation for that reason is less than that of a full-time judge.
(1) A part-time judge is not required to comply
(a) except while serving as a judge, with § 3B(9);
(b) at any time, with §§ 4C(2), 4C(4)(a), 4D(1)(b), 4D(3), 4D(4), 4D(5), 4E,
4F, 4G, 4H and
5A(1).
(2) A part-time judge shall not practice law in the court on which the judge
serves or in
any court subject to the appellate jurisdiction of the court on which the judge
serves, and
shall not act as a lawyer in a proceeding in which the judge has served as a
judge or in any
other proceeding related thereto.
D. Pro Tempore Part-time Judge. A pro tempore part-time judge is a person
appointed
pursuant to Article 6, § 31 of the Arizona Constitution, A.R.S. § 22-122, or
municipal
charter or ordinance, who serves on less than a full- time basis under a
separate
appointment by a presiding judge for each period of less than full-time service
or for each
case heard.
(1) A pro tempore part-time judge is not required to comply
(a) except while serving as a judge, with §§ 2A, 2B, 3B(9) and 4C(1);
(b) at any time with §§ 2C, 4C(2), 4C(4), 4D(1)(b), 4D(3), 4D(4), 4D(5), 4E,
4F, 4G, 4H and
5A(1).
(2) A person who has been a pro tempore part-time judge shall not act as a
lawyer in a
proceeding in which the judge has served as a judge or in any other proceeding
related
thereto except as otherwise permitted by Rule 1.12(a) of the Arizona Rules of
Professional
Conduct.
(3) A pro tempore part-time judge who serves once or only sporadically in a
specialized
division of a court or in a court without specialized divisions may appear as a
lawyer in
such specialized division or court during such service.
(4) A pro tempore part-time judge who serves repeatedly on a continuing
scheduled basis
in a specialized division of a court or in a court without specialized
divisions shall not
appear as a lawyer in such specialized division or court during such service.
(5) A part-time pro tempore judge who is appointed to perform judicial
functions of a
non-appealable nature on a continuing scheduled basis shall not appear as a
lawyer in
other proceedings involving the function of the court in which the service was
performed,
but may appear as a lawyer in all other areas of practice before the court.
E. Pro Tempore Full-Time Judge. A pro tempore full-time judge is a person
appointed
pursuant to A.R.S. § 12-144 who serves full-time for the full six months
allowed by statute.
A pro tempore full-time judge:
(1) is subject to all the provisions of this code;
(2) may not engage in the practice of law during such full-time service.
F. Time for Compliance. A person to whom this code becomes applicable shall
comply
immediately with all provisions of this code except §§ 4D(2), 4D(3) and 4E and
shall
comply with these sections as soon as reasonably possible and shall do so in
any event
within the period of one year.