First Adopted: July 20, 2011
Most Recently Effective: July 01, 2012
Rule 2 | Canon 2 | A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently
2- 2.10 | Judicial Statements on Pending and Impending Cases
(A) A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing.
(B) A judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office, unless the judge recuses under Rule 2-2.11(A)(4).
(C) A judge shall require court staff, court officials, and others subject to the judge’s direction and control to refrain from making statements that the judge would be prohibited from making by paragraphs (A) and (B).
(D) Notwithstanding the restrictions in paragraph (A), a judge may make public statements in the course of official duties, may explain court procedures, and may comment on any proceeding in which the judge is a litigant in a personal capacity.
(E) Subject to the requirements of paragraph (A), a judge may respond directly or through a third party to allegations in the media or elsewhere concerning the judge’s conduct in a matter.
Comment
[1] The restrictions on judicial speech by this Rule 2-2.10 are essential to the maintenance of the independence, fairness, integrity, and impartiality of the judiciary.
[2] Depending upon the circumstances, the judge should consider whether it may be preferable for a third party, rather than the judge, to respond or issue statements in connection with allegations concerning the judge’s conduct in a matter.
(Adopted July 20, 2011, effective January 1, 2012.)