Legal Ethics

Stricter Impropriety Standard is Adopted by Judicial Conference

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In the first revision since 1992 of the conduct code for federal judges, the Judicial Conference of the United States today enacted a streamlined set of rules for the nation’s jurists that also apparently expands significantly the definition of the “appearance of impropriety.”

Condensing seven canons into five and using clearer English, the revised Code of Conduct (PDF) for United States Judges for the first time defines the “appearance of impropriety,” the Judicial Conference explains in a press release. It will take effect on July 1.

Canon 2 of the revised code now states: “An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired.”

In another significant change, the canon also, the press release states, “expands the test for an appearance of impropriety to address concerns beyond judges’ adjudicative responsibilities.”

The revised code also apparently expands reporting responsibilities concerning misconduct by others.

The press release also provides a link to the current code of conduct which will be replaced on July 1 by the revised version (PDF).

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