PROPOSED AMENDMENTS - CANON 3B & C - CODE OF JUDICIAL CONDUCT
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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, court staff 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.
Commentary:
The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate.
(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. A judge shall refrain from speech, gestures, or other conduct that could reasonably be perceived as sexual harassment and must require the same standard of conduct of others subject to the judge's direction and control.
Commentary:
A judge must perform judicial duties impartially and fairly. A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. Facial expression and body language, in addition to oral communication, can give to parties or lawyers in the proceeding, jurors, the media and others an appearance of judicial bias. A judge must be alert to avoid behavior that may be perceived as prejudicial.
A judge must refrain from speech, gestures or other conduct that could reasonably be
perceived as sexual harassment or gender bias and must
require the same standard of conduct of others
subject to the judge's direction and control. Examples of conduct that may not be sexual
harassment
but may exhibit bias based on gender include using terms of endearment or inappropriate forms
of
address or making assumptions based on gender stereotypes. See, e.g., Huesers v.
Huesers, 560
N.W.2d 219, 223-224 (N.D. 1997) (Maring, J., concurring).
(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 Section 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 proceedings.
Commentary:
A judge must establish, maintain, and enforce high standards of conduct to preserve the integrity of the judiciary and judicial proceedings. A judge has the duty under Section 3B(6) to intervene when inappropriate conduct occurs in proceedings before the judge. See, Johnson v. Johnson, 544 N.W.2d 519, 522 (N.D. 1996); Vitko v. Vitko, 524 N.W.2d 102, 105-106 (N.D. 1994) (Levine, J., concurring).
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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 not, in the performance of administrative duties, engage in speech, gestures, or other conduct that could reasonably be perceived as sexual harassment and must require the same standard of conduct of others subject to the judge's direction and control.
(2) (3) A judge shall require*
staff, court officials and others subject to the
judge's direction and control to observe the high 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) (4) A judge with supervisory authority
for the judicial performance of other
judges shall take reasonable measures to assure the prompt disposition of matters
before them those judges and the proper performance of
their the judges' other judicial
responsibilities.
(4) (5) 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.
Commentary:
Appointees of a judge include assigned counsel, officials such as referees, commissioners,
special
masters, receivers and guardians and personnel such as clerks, secretaries and bailiffs. Consent
by
the parties to an appointment or an award of compensation does not relieve the judge of the
obligation prescribed by Section 3C(4) 3C(5).
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