Revised judicial conduct thing 2007

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ABA MODEL CODE OF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JUDICIAL CONDUCT FEBRUARY 2007 P REAMBLE [1] An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the Rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. [2] Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence. [3] The Model Code of Judicial Conduct establishes standards for the ethical conduct of judges and judicial candidates. It is not intended as an exhaustive guide for the conduct of judges and judicial candidates, who are governed in their judicial and personal conduct by general ethical standards as well as by the Code. The Code is intended, however, to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through disciplinary agencies. 1
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 R EPORTER ' S E XPLANATION OF C HANGES The "Reporters' Explanations of Changes" have not been approved by the ABA Joint Commission to Evaluate the Model Code of Judicial Conduct. They have been drafted by the Commission's Reporters, based on the proceedings and record of the Commission, solely to inform the ABA House of Delegates about each of the proposed amendments to the Model Code prior to their being considered at the ABA 2007 Midyear Meeting. THEY ARE NOT TO BE ADOPTED AS PART OF THE MODEL CODE. EXPLANATION OF BLACK LETTER 1. The 1990 Preamble has been essentially dissected, with the objective of describing the general purpose and rationale of the Code in the Preamble, and moving to a new “Scope” section the specific explanation of how the Rules are intended to operate. This approach parallels that taken in the ABA Model Rules of Professional Conduct, whose general format the proposed Rules and Comments also follow. 2. The 1990 Code Preamble language discussing the “degree of discipline to be imposed” in the course of enforcing the Code’s provisions has been deleted completely. 3.
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This note was uploaded on 10/21/2009 for the course LAW 201 taught by Professor Knot during the Spring '07 term at Muhlenberg.

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Revised judicial conduct thing 2007 - 1 2 3 4 5 6 7 8 9 10...

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