5313

CODE OF JUDICIAL CONDUCT

Canon 7

CANON 5
A Judge Should Regulate His Extra
Judicial Activities to Minimize the Risk of
Conflict With His Judicial Duties

A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects,
engage in the arts, sports, and other social and
recreational activities, if such avocational activities
do not detract, from’ the dignity of his office or
interfere with the performance of his judicial duties.

B. Civic and Charitable Activities. A judge
may participate in civic and charitable activities that
do not reflect adversely upon his impartiality or
interfere with the performance of his 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 con-
ducted for the economic or political advantage of its
members, subject to the following limitations:

(1) A judge should not serve if it is likely that the
organization will be engaged in proceedings that
would ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

(2) A judge should not solicit funds for any edu-
cational, religious, charitable, fraternal, or civil or
ganization, or use or permit the use of the prestige
of his office for that purpose, but he may be listed
as an officer, director, or trustee of such an organi-
zation. He should not be a fund raising speaker or
the guest of honor at an organization's fund raising
events, but he may attend such events,

©. Financial Activities.

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perfor-
mance of his judicial duties, exploit his judicial posi-
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on which he serves.

@) Subject to the requirement of subsection (1), a
judge may hold and manage investments, ineluding
and engage in other remunerative activi
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu-
tion, homestead or savings and loan association,
insurance company, public utility, and other busi-
nesses affected with a public interest.

(8) A judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he can
do so without serious financial detriment, he should
divest himself of investments and other financial
interests that might require frequent recusation,

(4) A judge or a member of his family residing in
his household should not accept any gifte or favors

which might reasonably appear as designed to af-
fect his judgment or influence his official conduct.

(8) Information acquired by a judge in his judicial
capacity should not be used or disclosed by him in
financial dealings or for any other purpose not
related to his judicial duties,

D. Arbitration. A judge should not act as an
arbitrator or mediator.

E, ExtraJudicial Appointments, A judge
should not accept appointment to a governmental
committee, commission, or other 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,
however, may represent his country, state, or local
ty on ceremonial occasions or in connection with
historical, educational, and cultural activities,

CANON 6
‘A Judge Should Accept Compensation
for Quasi-Judicial and Extre-Judicial
Activities Only Under Restricted
Circumstances

‘A judge may receive compensation and reimburse-
ment of expenses for the quasijudicial and extra-
judicial activities permitted by this Code, if the
source of such payments does not give the appear-
ance of influencing the judge in his judicial duties or
otherwise give the appearance of impropriety, sub-
ject to the following restrictions:

‘A, Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exeeed what,
f person who is not a judge would receive for the
same activity,

B. Expense Reimbursement. Expense reim-
bursement should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge and, where appropriate to the occasion, by his
spouse. Any payment in excess of such an amount
is compensation,

CANON 7
A Judge Should Refrain From Political
‘Activity Inappropriate to
His Judicial Office
‘A. Political Conduct in General.
(1) A judge or a candidate for election to judicial
office should not:

(8) act as a leader or hold any office in a
political organization;

(b) make speeches for a
or candidate or publicly en
publie office;

litical organization
se a candidate for

13

DEF00063


5377

CODE OF JUDICIAL CONDUCT.

Canon 7

omic or political advantage of its members, subject to
1e following limitations:

(1) A judge shall not serve if the judge knows, or
ould know, it is likely that the organization will be
gaged in proceedings that would ordinarily come
xfore the judge or will be regularly engaged in
Jversary proceedings in any court,

@) A judge shall not solicit funds for any education-
, religious, charitable, fraternal, or civie organization,
* use or permit the use of the prestige of judicial
ice for that purpose, but the judge may be listed as,
1 officer, director, or trustee of such an organization.
owever, it shall not be a violation of this Canon for a
dge to privately solicit funds for the judge's local
aureh from a local church member. A judge should
ot be a fund raising speaker or the guest of honor at
1 organization’s fund raising events, but may attend
tch events.

C. Financial Activities.

(Q) A judge shall refrain from financial and business
valings that tend to reflect adversely on the judge's
partiality, interfere with the proper performance of
dicial duties, exploit the judge's judicial position, or
volve the judge in frequent transactions with law-
srs or persons likely to come before the court on
sich he or she serves.

(2) Subject to the requirement of subsection (1), a
dge may hold and manage investments, including
al estate, and engage in other remunerative activity
tt shall not serve as an officer, director, manager, or
ployee of any bank, lending ‘institution, homestead
savings and loan association, insurance company,
‘blie utility, and other businesses affected with a
iblic interest.

(@) A judge should manage investments and other
vancial interests to minimize the number of eases in
aich he or she is disqualified. As soon as a judge
n do so without serious financial detriment, he or
e shall divest himself or herself of investments and
aer financial interests that might require frequent
cusation.

(@ Information acquired by a judge in his or her
Jicial capacity shall not be used or disclosed by the
ge in financial dealings or for any other purpose
‘related to judicial duties.

D, Service as Arbitrator or Mediator. A judge
all not act as an arbitrator or mediator or otherwise
form judicial functions in a private capacity.

E. Extra-Judicial Appointments. A judge shall
t accept appointment to a governmental committee,
mmission, or other position that is concerned with
uues of fact or poliey on matters other than the
provement of the law, the legal system, or the
ministration of justice. A judge, however, may

oresent his or her county, state, or locality on
845

ceremonial occasions or in connection with historical,
‘educational, and cultural activities.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

CANON 6
‘A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
ExtraJudicial Activities Only Under Restricted
Circumstances

‘A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:

A. Compensation. Compensation for quasi-judi-
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not
exceed what a person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
oceasion, by his or her spouse. Any payment in
excess of such an amount is compensation,

C. Gifts, A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
‘might reasonably appear as designed to affect the
judgment of the judge or influence the judge's official
conduct.

D. Annual Reports.

@) A judge shall report annually all compensation
and expenses received in connection with any quasi-
judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $250 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association,

(2) The judge's report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 31st of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. In the report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasi-judicial activity.
Amended and effective June 8, 1999; amended July 3, 1996,
effective July 8, 1996; amended Nov. 11, 1996, effective July
8, 1996.

A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity

A. Political Conduct in General.
(1) A judge or judicial candidate shall not:

DEF00127


5279

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976
Including Amendments Received Through January 15, 1989
Table of Canons

$7" udge Should Uphold the Integrity and Indepen-
+ A dence of the Judieiry.
2. A Fudge Shona Avoid impropriety and the Appear
werof Improprety in All His Activites,
3. A'Jadge Should Perform the Duties of His Office
Impartially and Diligent.
Appendix to Canon 3, Guidelines for Extended Media
overage of Proceedings in Appellate Courtrooms
4. A Judge Bay Engage in Activites to Improve the
Jaws the Legal System, and the Administration of
Justice.

CANON 1. A JUDGE SHOULD UPHOLD
THE INTEGRITY AND INDEPENDENCE
OF THE JUDICIARY .

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enfore-
ing, and should himself observe, high standards of
conduct so that the integrity and independence of
the judiciary may be preserved. The provisions of
this Code should be construed and applied to further
that objective. As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence.

CANON 2. A JUDGE SHOULD AVOID IM-
PROPRIETY AND THE APPEARANCE
OF IMPROPRIETY IN ALL HIS AC-
‘TIVITIES

A. A judge should respect and comply with the
Jaw and should conduct himself at all times in a
‘manner that promotes public confidence in the in-
tegrity and impartiality of the judiciary.

B. A judge should not allow his family, social, or
‘other relationships to influence his judicial conduct
or judgment. He should not lend the prestige of his

ie to advance the private interest of others; nor
should he convey or permit others to convey the
impression that they are in a special position to
influence him. He should not testify voluntarily as
4 character witness.

Canon

5. A Judge Should Regulate His Extra-Judicial Activities
to Minimize the Risk of Conflict with His Judicial
Duties.

6. A Judge Should Accept Compensation for QuasiJudi-
cial and Extradudicial Activities Only under Re-
stricted Cireumstances.

7. A Judge Should Refrain from Political Activity Inap-
propriate to His Judicial Office.

Compliance with the Code of Judicial Conduct.

Committee on Judicial Ethics,

CANON 3, A JUDGE SHOULD PERFORM
THE DUTIES OF HIS OFFICE
IMPARTIALLY AND DILIGENTLY

The judicial duties of a judge take precedence
over ail his other activities. His judicial duties
include all the duties of his office prescribed by law.
In the performance of these duties, the following
standards apply:

A, Adjudicative Responsibilities.

(1) A judge should be faithful to the law and
maintain professional competence in it, He should
be unswayed by partisan interests, public clamor, or
fear of criticism.

(2) Ajudge should maintain order and decorum in
proceedings before him.

(8) A judge should be patient, dignified, and cour-
teous to litigants, jurors, witnesses, lawyers, and
others with whom he deals in his official capacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and athers subject to his
direction and control.

4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu-
ments or communications designed to influence his
judicial action in any case, either civil or criminal.
‘A judge should not accept in any case briefs, doc-
uments or written communications intended or cal-
culated to influence his action unless the contents
are promptly made known to all parties. Judges of
appellate courts should also avoid all actions or

DEF00029



5408

Art. 18,

STATE BAR ASSOCIATION

Governors or officers of this Association which is
provided by law.
Added Jan. 10, 1991.

(1) Administrative Law. ‘The purposes of this See-
tion are to provide a forum for study and discussion of
administrative law issues arising under the laws of the
State of Louisiana and of the United States; to con-
tribute to the continuing education of the attorney
who practices in this field; to disseminate information
rogarding recent administrative law decisions of the
state and federal agencies and courts; to encourage
publication of legal writings on administrative law
questions among the members of the Association; to
establish liaison with the Louisiana State Bar Assoc
tion, the American Bar Association, and the legal
academic community to achieve these purposes; and to

978

take such actions in respect thereto as may be desir-
able and consistent with the Articles of Incorporation
and Bylaws of this Association.

(2) Public Utility. The purposes of this Section
shall be to encourage and foster discussions in the
field of public utilities; to contribute to and provide
‘opportunities for the continuing education of the attor-
ney who practices in the public utility field; to pro-
mote interest in and study of the existing statutes and
jurisprudence, which govern this field; and to cooper-
ate and establish liaison with the Louisiana State Bar
Association, American Bar Association, local bar asso-
ciations and the legal academic community to achieve
these purposes whenever possible in a manner not
otherwise inconsistent with these Bylaws.

Amended June 8, 2001.

DEF00158


5403

CODE OF JUDICIAL CONDUCT

Canon §

will be regarded as an unlawful Interference with the judicial
process.
Vi. Extended coverage of investitive or ceremonial proceedings at
varianee with these guidelines may be suthorized by the court.
‘When extended oo

soul erate one rere
Sra wo corde wih the cu a men

‘extended coverage. Any pooling arrangements among the medi
feruvel by Ow lnntalone and roseeton on emt and
personnel contained in these guidelines shall bo the sole respons-
Uy of de mecla snd mut be made in advance of the court
proceedings to be covered. Judges and court personne wil not

‘rrangements cann
pune pres Jodge ay deny

VET A Bermere 2 to portable television cameras, exch oper-
sted by no more than one camera person and positioned as uncb-
trusively as possible at locations approved by the court, shall be
permitted to be phyticall in the courtroom. Only talevsion equip-
ment which does not produce light ar distracting sound will be
permitted. Videotape reearding equipment whichis not a compo-
‘ent part of a television camera shall, Whenever posit, be located
{nan area outeide the

B, No arbfiial lighting device of any kind shall be employed in
‘connection with the television camera. With the approval of the
‘court, modifestions and additions to existing courtroom lighting
may be rade provided such modifications or additions wre installed
and maintained without public expense. Multiple video/audio fecds
may be permitted but must be provided by a videoaudio distriba-
‘tian system, furnished by the medi, loested outside the courtroom

TK. A. No more than one sill photographer, using not more than
wo stil eameras with not mare than two lenses for each camera
without ash or other artificial tight shall be permitted to be
pphyweally in the courtroom. Still eameras must not produce dis-
ening sound nd shoul prac no greater ced ha th Lich

fader camera Mote fn arc spine

extended covernge of

‘i pot be perm

BB. ‘The photographer shall be positioned ina place designated by the
presiding judge and remain in that area except when the proceed
tng is in recess. Changing of lenses or (im will only be done
dling « reeess

X. Only one audio system for radio broadcast purposes will be
permitted in the courtroom. Ausio pickup should be made from
‘existing audio systems inthe courtrocn whanever possible. If 00
technically suitable audio system exists in the courtroom, micro-
‘hones and related wiring shall be permitted but must be unobtre-
Sive and located in places designated in advance by the presiding
judge. Multiple radio feeds rather than a pooling eystar may be
permitted but must be provided by an andio distribution system,
provided by the media, located outside the coortroom

XI__When extended media coverage is anthorzed, Individual Journal
ists may bring tape recorders into the courtroom and use them to
record proceedings so long as they do not cause any distraction
Journalists using tape recarders may sit at any place in the
‘audience portion of the courtroom, but must keep their tape
recorder on their person stall mes. Changing of tape cassettes
during proceedings isnot permitted and should enly be dane during

XTT, All eamera and aadio equipment must be in postion atleast 15.
‘munates before the start ofthe proceedings and can only be moved
for removed after the proceedings are over or during a recess
‘Television camera persone and sull photographers must remain in
‘their designated area and are ot permitted to move about

nee im postion, ma
Stent by wleiion an sil poolographers shuld be held to 8
tminimam and im no way should be distracung or call undue
attention to the operators

941

XL, Canes and sp emt atorad by hee esis
shall not be operated during a rece
Exnied coverage in the Jodcal tree oft courthouse or thee
cout facility is limited to proceedings in the courtream in the
presence of the presiding judge

XIV. The dignity and decorum
all times during extended media eoverage artvitie
toms, including appropriate dress, must be fllowed

XV. The confidentiality of the attorney/client relationship matt be
protected Therefore, there will be no audio reconting, radio,
{elevision, or tape-reccrding, made or broadcast of amy conference
between attorneys and their lions, between co-nuncel af elit,
‘between counsel und the presiding Jodge whan held atthe bench, or
cof proceedings held in chambers. No perabolie mierophones shal
be used,

‘Added April 28, 1985, Amended and effective June 3, 1993

the court must be maintained at
ies. Court evs

CANON 4
QuasiJudicial Activities

A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

A judge, subject to the proper performance of judi-
cial duties, may engage in the following quasi-judicial
activities, if in doing so the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

‘A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
‘matters concerning the administration of justice.

©. 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 shall
not personally solicit funds for stch an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice,
Amended and effective June 3, 1988; amended July 3, 1996,
effective July 8, 1996.

CANON 5
ExtraJudicial Activ
A Judge Shall Regulate Extra-Judicial Activities to

Minimize
the Risk of Conflict With Judicial Duties

‘A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

DEF00153



5252

CODE OF JUDICIAL CONDUCT
Adopted March 5, 1975
Effective January 1, 1976

‘anon

TR" sudge Should Uphold the Integrity and Independ-
nce of the Judiciary. ;

A Judge Should Avoid Impropriety
ance of Impropriety in All his Activities,

1. A Judge Should Perform the Duties of his Oftice
Immpartially and Diligently.

A Judge May Engage in Activities to Improve the
Law, the Legal System, and the Administration of

id the Appear-

Tustice.
5. A Judge Should Regulate his ExtraJudicial Act
to Minimize the Risk of Conflict with his Judicial

Dates.

‘A Judge Should Accept Compensation for QuasiJud+
cial and ExtraJudieia! Activities Only under Re-
stricted Circumstances.

‘A Judge Should Refrain trom Politieal Activity Inap-
propriate to his Judicial Office.

‘Compliance with the Code of Judicial Conduct.

Committee on Judicial Ethics.

CANON 1

A Judge Should Uphold the Integrity and
Independence of the Judiciary

An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforc-
ing, and should himself observe, high standards of
conduet so that the integrity and independence of
the judiciary may be preserved. The provisions of
this Code should be construed and applied to further
that objective. As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence

CANON 2

A Judge Should Avoid Impropriety and the
Appearance of Impropriety in All
His Activities

A. A judge should respect and comply with the
law and should conduct himself at all times in 2
Manner that promotes public confidence in the in-
tegrity and impartiality of the judiciary.

B. A judge should not allow his family, social, or
other relationships to influence his judicial conduct

a

or judgment. He should not lend the prestige of his
office to advance the private interest of others; nor
should he convey or permit others to convey the
impression that they are in a special position to
influence him. He should not testify voluntarily as
a character witness.

CANON 3

A Judge Should Perform the Duties of His
Office Impartially and Diligently

The judicial duties of a judge take precedence
over all his other activities, His judicial duties
include all the duties of his office prescribed by law.
In the performanee of these duties, the following
standards apply:

A. Adjudicative Responsibilities

(1) A judge should be faithful to the law and
maintain professional competence in it. He should
be unswayed by partisan interests, public clamor, or
fear of erticism,

(2) A judge should maintain order and decorum in
proceedings before him.

(8) A judge should be patient, dignified, and cour-
teous to litigants, jurors, witnesses, lawyers, and
others with whom he deals in his official capacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and others subject to his
direction and control.

(4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu:
ments or communications designed to influence his
judicial action in any case, either civil or criminal.
‘A judge should not accept in any case briefs, docu-
‘ments or written communications intended or caleu-
lated to influence his action unless the contents are
promptly made known to all parties. Judges of
appellate courts should also avoid ail actions or
language which might indicate to counsel, litigants
or any member of the public, the particular member
of the court to whom a cage is allotted or assigned
for any purpose. Similar circumspection should be
exacted on the part of court officers, clerks and
secretaries.

(5) A judge should dispose promptly of the busi-
ness of the court.

DEF00002


5373

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976

Including Amendments Received Through
‘May 1, 2000

Research Note
Use WESTLAW to find cases citing a rule. WESTLAW may also be used
to search for specific terms or to update a rule; see the LA-RULES
and LA-ORDERS Scope Sereens for further i

Amendments to these rules are published, as received, in Southern

Reporter 2d and Louisiana Cases advance shee

Canon

CANON 1. A Judge Shall Uphold the Integrity and Inde-
pendence of the Judiciary.

CANON 2, A Judge Shall Avoid Impropriety and the Ap-
pearance of Impropriety in All Activities.

CANON. A Judge Shall Perform the Duties of Office
Impartially and Diligently,

CANON 4, Quasi-Judicial Activities A Judge May Engage
in Quasi-Judicial Activities to Improve the
Law, the Legal System, and the Administra-
tion of Justice.

CANON 5. Extra-Judicial Activities A Judge Shall Regu-
late Extra-Judicial Activities to Minimize the
Risk of Conflict With Judicial Duties.

CANON 6. A Judge Shall Accept Compensation ‘or Gifts

for Quasi-Judicial and Extra-Judicil Activi-

ties ‘Only Under Reetrieted Circumstances,

CANOW 7. A Jude Or Judicial Candidate Shall Refrain
Inappropriate Political Activity.

COMPLIANCE WITH THE CODE OF JUDICIAL CON.

bucr.

COMMITTEE ON JUDICIAL ETHICS.

Adoption of Code
The following new Canons, effective January 1, 1976,
‘were adopted by the Supreme Court of Louisiana
‘on March 5, 1975, to replace tha Canons of Judi-
cial Ethics adopted October 13, 1960.

CANON {
A Judge Shall Uphold the Integrity and indepen-
dence of the Judiciary

An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and shall personally observe, high standards of con-
duct so that the integrity and independence of the
Judiciary may be preserved. ‘The provisions of this
Code are to be construed and applied to further thet

841

ts.

objective. As a necessary corollary, the judge must
be protected in the exercise of judicial independence.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which can result in
disciptinary action,

When “should” is used, the text is intended to
‘instruct judges concerning appropriate judicial con-
duet. The use of should is an acknowledgement
that the conduct regulated in these Canons may
‘impose in the judge more discretion, and/or may
involve the conduct of others. Nonetheless, a clear
violation of any Canon in which should is used, a
clear sbuse of discretion by the judge in conforming
hhis or her conduct to any such Canons, or a clear
abuse of discretion by the judge in regulating the
conduct of those persons whose actions are subject
to the judge's direction and control, may also result
in judicial diseiptine.

CANON 2
A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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, politica,
or other relationships to influence judicial conduct or
Judgment. A judge shall not lend the prestige of
Judicial office fo advance the private interest 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. Al-

DEF00123


5322

Canon 7

CODE OF JUDICIAL CONDUCT

for political party dinners, or other functions, except

as authorized in subseetion A(2);

(2) A judge holding an office filled by public elec-
tion between competing candidates, or a candidate for
such office, may, only insofar as permitted by law,
attend political gatherings, speak to such gatherings
on his or her own behalf when he or she is a candidate
for election or re-election, identify himself or herself
fas a member of a political party, and contribute to a
political party or organization.

(@) A judge should resign his or her office when the
judge becomes a candidate either in a party primary
or in a general election for a non-judicial office, except
that a 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.

(4) A judge should 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. Campaign Conduct. A. candidate, including
an incumbent judge, for a jndicial office that is filled
either by public election between competing candi-
dates or on the basis of a merit system election:

(@) should maintain the dignity appropriate to
judicial office, and should encourage members of his
‘or her family to adhere to the same standards of
political conduct that apply to the candidate;

(@) should prohibit public officials or employees
subject to his or her direction or control from doing
for him or her what the candidate is prohibited from
doing under this Canon; and the candidate should
not allow any other person to do for him or her
‘what the candidate is prohibited from doing under
this Canon;

(© should not make pledges or promises of con-
duct in office other than the faithful and impartial
performance of the duties of the office; announce
his or her views on disputed legal or political issues;
or misrepresent his or her identity, qualifications,
present position, or other fact.

Amended June 28, 1983; amended and effective June 3, 1993.

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT

Anyone, whether or not a lawyer, who is an officer
of a court of record performing judicial functions,
including an officer such as a judge ad hoe, referee,
special master, court commissioner, or magistrate, and
anyone who is a justice of the peace, is a judge for the
purpose of this Code. All judges should comply with
this Code except as provided below.

A. Part-Time Judge. A parttime judge is a
Judge who serves on a continuing or periodic basis,
‘but is permitted by law to devote time to some other

694

profession or occupation and whose compensati
that reason is less than that of a fultime Sade

‘A part-time judge:
2) is not required to comply with Canon 5C(2), 6D,
and SEs :

(2) should not practice law in the court on which he
or she serves or in any court subject to the appellate
Jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served a8 a judge or in any other proceeding related
thereto.

B. Judge Pro Tempore. A judge pro tempore is
a person who is appointed to act temporarily as a
judge.

(1) While acting as such, a judge pro tempore is not
required to comply with Canon 5C(2), 5C(8), 5D, and
5E.

(2) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which he
or she has served as a judge or in any other proceed-
ing related thereto.

C. Retired Judge. A retired judge is not gov-
ened by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to a judge pro tempore.
Amended Oct. 29, 1982; amended and effective June 3, 1998.

COMMITTEE ON JUDICIAL ETHICS

‘To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquivies from members of the judiciary related to the
interpretation of these canons, the Supreme Court
‘Committee on Judicial Ethics is hereby created. The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of nine members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(c) The President of the District Judges Associ
tion and one other District Judge;

(a) The President of the City Judges Association;

(@) The Judicial Administrator; and

(B) The President of the Louisiana State Bar Asso-
ciation.

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

DEFO0072


5406

Canon 7 CODE OF JUDICIAL CONDUCT
mation of Amount of Campaign Funds COMPLIANCE WITH THE CODE
sleston Dirt ion Distt "That May Be Retained Be OF JUDICIAL CONDUCT
£200,001-300,000 100,000 All elected judges and anyone, whether or rot a
300,001—400,000 $125,000 lawyer, who is an officer of a court of record
‘Over 400,000 $160,000 ing judicial functions, including an officer such as a

F. Other Political Activity. 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, or as expressly autho-
rized by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A suecess-
ful 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 conduet. A
lawyer who is a candidate for judicial office is subject
to Rule 8%) and (b) of the Louisiana Rules of
Professional Conduct.

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as @ candidate
with the election or appointment authority, or autho-
rizes solicitation or acceptance of contributions or
support, whichever occurs first. The term “candi-
date” has the same meaning when applied to a judge
seeking election to judicial or non-judicial office.

I. Candidacy for Non-Judicial Office. A judge

shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a 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 other-
wise permitted by law to do so.
Amended June 28, 1983; amended and effective June 3, 1993;
amended July 8, 1996, effective July 8, 1996; amended and
effective July 1, 1997; amended March 18, 2002, effective
‘April 16, 2002,

Court Commentary Regarding 2002
‘Amendment to Canon 7

‘The 2002 amendment to Canon TB(IXA) of the
Code of Judicial Conduct, concerning. publie com-
ments about pending or impending proceedings, is
not intended to apply to in-court comments by
lawyer candidates, or comments regarding a case or
proteeding that the lawyer candidate is participat-
ing in. Comments by a lawyer candidate regarding
‘a proceeding that the lawyer candidate is participat-
ing in, or a proceeding in which an associate of the
lawyer candidate is participating in, are governed
by Rule 26 of the Louisiana Rules of Professional
Conduct.

judge ad hoe, judge pro tempore, referee, special
‘aster, court commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose of this Code,
Al judges shall comply with this Code.

A. Part-Time Judge. A parttime judge is a
Judge who serves on a continuing or periodie 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.

A part-time judge:

(Q) is exempt from Canons 5C(2), 5D, and 6B;

@) shall not practice law in the court on which he
or she serves or in any court subjeet to the appellate

tion of the court on which he ar she serves, or
act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoe is 2 person
who is appointed to act with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hoe is not required to comply with Canons 5C(2),
5C(), 5D, and 5E.

(2) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto.

C. Retired Judge. A retired judge is not gov-
erned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C(2),
5D, and 8E<

Amended Oct. 29, 1982; amended and effective June 3, 1993;
amended July 3, 1996, effective July 8, 1996,

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

944

DEFO0156


5333

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976

Including Amendments Received Through
March 1, 1996

Research Note

Use WESTLAW * to find cases

ing a rule, WESTLAW may also be used to

search for specific terms or to update a rule; see the LA-RULES and LA-ORDERS

Scope Screens for further information.

Amendments to the Code of Judiciol Conduct are published, as received, in
Southern Reporter 2d and Louisiana Cases advance sheets.

Table of Canons

Canon Canon,
1. A Judge Should Uphold the Integrity and Independence 5. A Judge Should Regulate Extra-Judicial Activities to
of the Judiciary. Minimize the Risk of Conflict With Judicial Duties.

2 A Jae Should Aveld Impropriety andthe Appearance
of Impropriety in All Activiti
8 A Judge Shall Perform the ities of Office Impartialy

ntly.
ppendit't Conon 8. Chideines for Entended Mea

‘overage of Proceedings in. Appellate Courtrooms.

4 A Judge May Engage in Ais to Improve the Law,
Legal System, and the Administration of Justice.

6. A Judge Should Accept Compensation for Quasi-Judicial
and Extra-Judicial Activites Only Under Restricted
Circumstances.

7. A Judge Should Refrain From Political Activity Inappro-
priate to Judicial Ofice.

Compliance With the Code of Judicial Conduct.

Committee on Judicial Ethics.

CANON 1
A Judge Should Uphold the Integrity
and Independence of the Judiciary

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and should personally observe, high standards of con-
duct so that the integrity and independence of the
Judiciary may be preserved. The provisions of this
Code should be construed and applied to further that
objective. As a necessary corollary, the judge must
be protected in the exercise of judicial independence.

Amended and effeetive June 8, 1999.

705

CANON 2
‘A Judge Should Avoid Impropriety and the
‘Appearance of Impropriety in
All Activities

A.A judge should respect and comply with the law
and should act at all times in a manner that promotes
public confidence in the integrity and impartiality of
the judiciary.

B.A judge should not allow family, soctal, or other
relationships to influence judicial conduct or jud
ment. A judge should not Jend the prestige of judicial
office to advance the private interest of others; nor
should a judge convey or permit others to eonvey the
impression that they are in a special position to influ-
nes the judge. A judge should not testify voluntary
as a character witness.

Amended and effective June 8, 1996,

DEF00083


5269

CODE OF JUDICIAL CONDUCT

locality on ceremonial occasions or in connection
with historical, educational, and cultural activities.

CANON 6

‘A Judge Should Accept Compensation for
Quasi-Judicial and Extra-Judicial Activi-
ties Only under Restricted Circumstane-
es

‘Ajudge may receive compensation and reimburse-
ment of expenses for the quasijudicial and extra-ju-
dicial activities permitted by this Code, if the source
fof such payments does not give the appearance of
influencing the judge in his judicial duties or other-

‘wise give the appearance of impropriety, subject to

the following restrictions:

‘A. Compensation

Compensation should not exceed a reasonable
amount nor should it exceed what a person who is
not a judge would receive for the same activity.

B, Expense Reimbursement

Expense reimbursement should be limited to the
actual cost of travel, food, and lodging reasonably
ineurred by the judge and, where appropriate to the
occasion, by his spouse. Any payment in excess of
such an amount is compensation.

CANON 7

A Judge Should Refrain from Political Ac-
tivity Inappropriate to His Judicial Office
A. Political Conduct in General
(1) A judge or a candidate for election to judicial
office should not:
(@) act ac 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;

(¢) solicit funds for or pay an assessment or
make a contribution to a political organization or
candidate, attend political gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection AQ);
(2) A judge holding an office filled by public

election between competing candidates, or a candi-
date for such office, may, only insofar as permitted
by law, attend political gatherings, speak to such
gatherings on his own behalf when he is a candidate
for election or re-election, identify himself as a
member of a political party, and contribute to a
political party or organization,
\aceRues Panph 2

55

(8) A judge should resign his office when he
becomes a candidate either in a party primary or in
a general election for a non-judicial office, except
that he may continue to hold his judicial office while
being a candidate for election to or serving as a
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(4) A judge should not engage in any other politi
cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice.

B. Campaign Conduct

‘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 »
merit system election:

(a) should maintain the dignity appropriate to ju-
dicial office, and should encourage members of his
family to adhere to the same standards of political
‘conduct that apply to him;

{b) should prohibit, public officials or employees
subject to his direction or control from doing for
him what he is prohibited from doing under this
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(©) should not make pledges or promises of con-
duet in office other than the faithful and impartial
performance of the duties of the office; announce
his views on disputed legal or political issues; or
misrepresent his identity, qualifications, present po-
sition, o other fact
Amended June 28, 1983,

Compliance with the Code of
Judicial Conduct

Anyone, whether or not a lawyer, who is an
officer of a court of record performing judicial
functions, including an officer such as a judge ad
hoc, referee, special master, court commissioner, or
magistrate, ‘and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All
judges should comply with this Code except as
provided below.

A. Part-time Judge

A parttime judge is a judge who serves on a
continuing or periodic basis, but is permitted by law
to devote time to some other profession or occupa-
tion and whose compensation for that reason is less
than that of a fulltime judge.

A parttime judge:

(1) is not required to comply with Canon 5C(2),
6D, and 5E;

DEF00019


5451

CODE OF JUDICIAL CONDUCT

Canon 4

C._ The decison of the presiding judge on any question of coverage
shall be final and shall not be subject to review by any other court
IW, Extended coverage ofa proceding shall tbe permite wlss
notice of intention to provide extended coverage of is
tiren bythe media tothe clerk of cout at leat 20 days in advance
of the proceeding, provided thet only reasonable notice shall be
send for coverage of expedited preceding ot rua cle

V. Extended coverage of court proceedings may be provided by
‘news media agencies and tir representaives. Film, videotape,
‘Photographs, and audio reproduetion shall not be used for commer-
‘dal or political advertising purposes. Such uae ofthese materials
will be regarded as an unlawful interference with the judicial
process.

VI. Extended coverage of investitve or ceremonial proceedings at
variance with these guidelines may be authorized by the court.

‘VIL. When extended coverage is permitted all media representa-
‘tives shall have equally the right to provide coverage. When
extanded coverage is to be provided by more than one media

sentative, the media cllectvey should designate one repre-
sentative to coordinate with the court all matters dealing with
extended coverage. Any pooting arrangements among the media
required by the limitations and restredons on equipment and
personnel contained in these guidelines shall be the tole responsi
Dilty of the media and must be made in advance of the court
proceedings to be covered. Judges and court personnel will nat
mediate any dispute a3 to the appropriate medie representative or
equipment authorized to cover a particular proceeding. If pooling
‘arrangements cannot be made or if there are unresolved media
Gispaten, the presiding judge may deny extended coverage of
proceedings.

VII, A. No mare than two portale television cameras, each oper-
sted by no mare than one camera person and posoned 3s undb-
twasively aa posble at locations approved by the cot, shall be
parmited tobe phyiealy in the courtroom. Only television eqip-
ent which does not produce light oF distracting sound wil be
Dermilled.”Vigeoupe recording equipment which isnot 3 smn
Dent par ofa tlevision camera chal, whenever posse, be located
nan area outade the courtroom,

B._No artificial lighting device of any kind shall be employed in
‘connection with the camera. With the approval ofthe
court, modifications and_adetins to existing courtroom lighting
‘nay be made provided such medications or addons are ital
and mantaned wibout publ expense.” Mullpe videw/adl feds
‘ay be permitted but must be provided by a videdauio distribu.
tion sytem furnished by the media ested ouside the evurtrcom,

TX. A. No more than ove still photographer, using not more than
‘wo stil cameras with not more thn two lenses foreach eamera
without Ouch or other arial Wight shal be permitied wo be
physi in the courtroom. SUll cameras must not produce ds-
{racing sound and should produce no greater ound thn the Lei
M Seren Rangefinder camera. Motorized im advance systems
will not be permed

B,_ The photographer shal be posiloned in place designated by the
‘presiding jucge and remain th that area except when the proceed-
dng io in reeesa Changing of lenses or fm wi only be done
Airing a ree.

X__hly ne euio pte for, aio rads pues il be

the courtioom. Audio pickup should be mde from
Png sol teens Inthe corrons whence pale po
techniclly suitable audio ayater exists inthe courtroom, micro
phones and related wiring shall be permit but must be unobtri-
Sve and located in places designated in advance by the presiding
judge.  Maitiple radio feeds rather thar a pooling sym may be
permited but must e provided by an sodio distribution system,
Provided by the media, located outside the courtroom.

XL When eoned mata coverage i torn, nul our

‘ats may bring tape recorders into Uh courtroom and use ther to

roceatings co long as they do ot cae ay diction.
SJouralsts vsing. tape recorders may sit et any place in the
‘udience portion of the courtroom, but must Keep Uhelr tape

1007

recorder on their person a all times. Changing of tape cassettes
ring proceedings ia not permitted and should ony be done duving

XIL._All camera and audio equipment must bein position atleast 15,
minutes before the start ofthe proceedings and ean only be moved
or removed after the proceedings are over or during & recess.
‘Television camera persons and stl photographers mst remain in

designated area and are not permitted to mave sbout the
courtroom. in cameras and radio broadcast equipment,
‘once in positon, may not be moved during the proceedings. Move”
‘ment by television and stil photograpters should be held to a
tminimum and in no way should be distracting or call undue
attention tothe operators

XIIL Camera and audio equipment authorized by these guidelines
shall not be operated during a recess in a court proceeding.
Extended coverage in the judicial ates of 2 courthouse or other
court facility is limited to proceedings in the courtroom in the
Breen ofthe pressing odg-

rnd decorum of the court must be maintained at

all times during extended media coverage activities, Court evs-
toms, including appropriate dress rust be fullowed.

XV. The confidentiality of the attorney/ient relationship must be
protected. Therefore, there will be no audio recording, radi,
television, or tape-recording, made or broadcast of any conference
between atiarneys and their client, between co-eounsel ofa client,
between counsel and the presiding judge when held atthe bench, of
of proceedings held in chambers. "No parabolic microphones shall
be used.

Added April 23, 1985, Amended end effective June 8, 1998

CANON 4
Quasi-Judicial Activities
A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

AA judge, subject to the proper performance of judi
cial duties, may engage in the following quasi-judi
activities, if in doing so the judge does not ipa, ;
limit or restrict his or her capacity to decide impartial.
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a publie hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

C. 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, o the administration of justice. A judge shall
not personally solicit funds for such an organization or
agency, o allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
‘Amended and effective June 8, 1998; amended July 8, 1996,

effective July 8, 1998.
DEF00201



5382

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976
Including Amendments Received Through May 1, 2001

Research Note

Use WESTLAW to find cases citing a
to search for

cific terms or to update

rule. WESTLAW may also be used
a rule; see the LA-RULES

spe
and LA-ORDERS Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter 2d and Louisiana Cases advance sheets.

Canon

1. A Judge Shall Uphold the Integrity and Independence of
the Judiciary.

2 A Judge Shall Avoid Impropriety and the Appearance of
Impropriety in All Activities

8. A Judge Shall Perform the Duties of Office Impartially
and Dibg

4. Quasi-Judicial Activities A Judge May Engage in Quasi-
Judicial Activities to Improve the Law, the Legal Sys-
tem, and the Administration of Justice.

5. Extra-Judicial Activities A Judge Shall Regulate Extra
Tudicisd Activities to Minimize the Risk of Confict With

Judicial Duties.

‘A Judge Shall Accept Compensation or Gifts for Quasi-

Tudicial and Extra-Judicial Activities Only Under Re
stricted Circumstances,

7. A Judge Or Judicial Candidate Shall Refrain From Inap-

propriate Political Activity.
COMPLIANCE WITH THE CODE OF JUDICIAL CON-
UCT.
COMMITTEE ON JUDICIAL ETHICS.
Adoption of Code
The following new Canons, effective January 1, 1976,
awere adopted by the Supreme Court of Louisiana

on March 5, 1975, to replace the Canons of Judi-
cial Bthics adopted October 18, 1960.

CANON 1
A Judge Shall Uphold the Integrity and Indepen-
dence of the Judiciary

An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
‘participate in establishing, maintaining, and enforeing,
and shall personally observe, high standards of con-
duct, so that the integrity and independence of the
Judiciary may be preserved. The provisions of this
Code are to be construed and applied to further that

objective, As a necessary corollary, the judge must
be protected in the exercise of judicial independence.
‘Amended and effective June 3 1998; amended July 3, 1996,
effective July 8, 1996.

‘Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which can result in
disciplinary action.

‘When should” is used, the text is intended to
{instruct judges concerning appropriate judicial con-
duct. The use of should is an_ acknowledgement
that the conduct regulated in these Canons may
impose in the judge more discretion, and/or may
invalve the conduct of others. Nonetheless, a clear
violation of any Canon in which should is used, &
clear abuse of diseretion by the judge in conforming
his or her conduct to any such Canons, or a clear
abuse of diseretion by the judge in regulating the
conduct of those persons whose actions are subject
to the judge's direction and control, may also result
in judieal discipline

CANON 2
‘A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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 judicial conduct or
Judgment. A judge shall not lend the prestige of
Judicial office to advance the private interest 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

895

DEF00132


5388

CODE OF JUDICIAL CONDUCT

F. Other Political Activity. A judge shall not
engage in any other political activity exept on behalf
‘of measures to improve the law, the legal system or
the administration of justice, or as expressly autho-
rized by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A success-
ful 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
Tawyer who is a candidate for judicial office is subject
to Rule 82(a) and (b) of the Louisiana Rules of
Professional Conduct,

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
with the election or appointment authority, or autho-
rrizes solicitation or acceptance of contributions or
‘support, whichever occurs first. The term “candi-
date” has the same meaning when applied to a judge
seeking election to judicial or non-judicial office.

I. Candidacy for Non-Judicial Office. A judge

shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a 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 other-
wise permitted by law to do so.
Amended June 28, 1983; amended and effective July 1, 1997;
amended May 28, 1998, effective July 1, 1998; amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended and effective July 1, 1997; amended May
‘28, 1998, effective July 1, 1998.

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
ing judicial functions, including an officer such as a
Judge ad hoe, jndge pro tempore, referee, special
master, court, commissioner, judicially appointed hea
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose of this Code.
All judges shall comply with this Code.

A. Part-Time Judge. A parttime judge is a
Judge who serves on a continuing or peiodic basis,
bbut 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.

A part-time judge:

() is exempt from Canons 5C(2), 5D, and 5E;

(2) shall not practice law in the court on which he
or she serves or in any court subject to the appellate

01

Jurisdiction of the court. on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Pro Tempore and Ad Hoe Judges. A judge
pro tempore is @ person who is appointed to act
temporarily as a judge. A judge ad hoc is a person
who is appointed to act with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hoc is not required to comply with Canons 5C(2),
50(8), 5D, and 5E.

(2) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto.

C. Retired Judge. A retired judge is not gov-
ened by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoc,

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all eanons of the Code except Canons 5C(2),
5D, and 5E.

Amended Oct. 29, 1982; amended and effective June 3, 1993;
amended July 3, 1996, effective July 8, 1996.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
ities from members of the judiciary related to the
interpretation of these eanons, the Supreme Court
Committee on Judicial Ethics is hereby created. The
fanetion of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(©) The President of the Distriet Judges Associa-
ton and two other District Judges;

(d) The President of the City Judges Association;

(e) One juvenile or family court judge;

(D) The Judicial Administrator; and

(g) The President of the Louisiana State Bar Asso-
ciation.

The members of said Committee shall be selected

and appointed in the following manner and for the
terms indicated:

DEF00138


PRESORTED
STANDARD

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= SUPPLEMENT TO

LoursIANA
Rutes oF Court

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STATE

* 2006

IncLupinc AMENDMENTS RECEIVED
Turovucn Decemper 1, 2006

NOTICE

This Supplement should be affixed with the peel-off
adhesive to the inside back cover of your Louisiana
Rules of Court, State, 2006 pamphlet. Please refer to
the Preface for further information.

THOMSON

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DEF00193


5432

CODE OF JUDICIAL CONDUCT.

Canon 6

A Judge Shall Teguise Extre-Jadicial Activities o
Minimi
the Risk of Conflict With Judicial Duties

A, Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if euch avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

B, Civic and Charitable Activities. A judge may
participate in eivie and charitable activities that do not
Teflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties, A judge
may serve a8 an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, ot civic organization not conducted for the eco-
nomic or political advantage of its members, subject to
the following limitations:

(1) A judge shall not serve if the judge knows, or
should know, 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.

2) A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civic organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
‘However, it shall not be a violation of this Canon for a
Judge to’ privately solicit funds for the judge’s local
‘chureh from a local church member. A judge should
not be a fund-raising speaker or the guest of honor at
an organization's fund- raising events, but may attend
such events, A judge may also participate in an
organization’s fund-raising events, provided the
judge's title or status is not used to support the fund-
raising effort.

C. Financial Activities.

(1) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
Judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with law-
yers or persons likely to come before the court on
which he or she serves.

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
Teal estate, and engage in other remunerative activity
but shall not serve as an officer, director, manager, or
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public aly, and other businesses affected with a
public interes

@A ‘ndge should manage investments and other

Sinaneial interests to minimize the number of eases in
which he or she is disqualified. As soon as a judge

989

ean do s0 without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
recusation.

(4) Information acquired by a judge in his or her
Judicial capacity shall not be used or disclosed by the
Judge in financial dealings or for any other purpose
not related to judicial duties.

D. Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. Extra-Judicial Appointments. A judge shall
not accept appointment to a governmental committee,
commission, or other 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, however, may
represent his or her county, state, or locality on
ceremonial oecasions or in connection with historical,
educational, and cultural activities.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996; amended and effective Feb, 12, 2003.

CANON 6 *
A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted
Circumstances
‘A judge may receive compensation and expenses for
judicial and extra-judicial activities permit-
is Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:

A. Compensation. Compensation for quasi-jud
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not,
exceed what a person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
oceasion, by his or her spouse. Any payment in
excess of such an amount is compensation.

C. Gifts, A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect the
Judgment of the judge or influence the judge's official
conduct.

D. Annual Reports.

) A judge shall report annually all compensation
and expenses received in connection with any quasi-
judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $500 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association.

DEF00182


5328

Canon 3 App.

CODE OF JUDICIAL CONDUCT

disputes, the presiding judge may deny extended cov-
erage of proceedings.

VU. A. No more than two portable television
cameras, each operated by no more than one camera
person and positioned as unobtrusively as possible at
locations approved by the court, shall be permitted to
be physically in the courtroom. “Only television equip-
ment which does not produce light or distracting
sound will be permitted. Videotape recording equip-
ment which is not a component part of a television
camera shall, whenever possible, be located in an area
outside the courtroom.

B. No artificial lighting device of any kind shall be
employed in connection with the television camera.
With the approval of the court, modifications and
additions to existing courtroom lighting may be made
provided such modifications or additions are installed
‘and maintained without public expense. Multiple vid-
eo/audio feeds may be permitted but must be provided
by a video/audio distribution system, furnished by the
media, located outside the courtroom.

IX. A. No more than one still photographer, us-
ing not more than two still cameras with not more
than two lenses for each camera without flash or other
artificial light, shall be permitted to be physically in
the courtroom. Still cameras must not produce dis-
tracting sound and should produce no greater sound
than the Leica M Series Rangefinder camera. Motor-
ized film advance systems will not. be permitted.

B. The photographer shall be positioned in a place
designated by the presiding judge and remain in that
area except when the proceeding is in recess. Chang-
ing of lenses or film will only be done during a recess.

X. Only one audio system for radio brosdeast pur-
poses will be permitted in the courtroom. Audio
pickup should be made from existing audio systems in
the courtroom whenever possible. If no technically
suitable audio system exists in the courtroom, micro-
phones and related wiring shall be permitted but must
be unobtrusive and located in places designated in
advance by the presiding judge. Multiple radio feeds
rather than a pooling system may be permitted but
‘must be provided by an audio distribution system,
provided by the media, located outside the courtroom.

XL When extended media coverage is authorized,
individual journalists may bring tape recorders into
the courtroom and use them to record proceedings so
Jong as they do not cause any distraction. Journalists
using tape recorders may sit at any place in the
audience portion of the courtroom, but must keep
their tape recorder on their person at all times.
Changing of tape cassettes during proceedings is not
permitted and should only be done during a recess,

XII. All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed after
the proceedings are over or during a recess. Televi-
sion camera persons and still photographers must

702

remain in their designated area and are not permitted
‘to move about the courtroom. Television cameras and
radio broadeast equipment, once in position, may not
be moved during the proceedings. Movement by
television and still photographers should be held to a
minimum and in no way should be distracting or call
undue attention to the operators.

XIIL_ Camera and audio equipment authorized by
these guidelines shall not be operated during a recess
in a court proceeding. Extended coverage in the
Judicial area of a courthouse or other court facility is
Timited to proceedings in the courtroom in the pres-
ence of the presiding judge.

‘XIV. The dignity and decorum of the court must
be maintained at all times during extended media
coverage activities. Court customs, including appro-
priate dress, must be followed.

XV. The confidentiality of the attomney/elient rela-
tionship must be protected. Therefore, there will be
no audio recording, radio, television, or tape-record-
ing, made or broadcast of any conference between
attorneys and thelr clients, between co-counsel of a
client, between counsel and the presiding judge when
held at the bench, or of proceedings held in chambers.
No parabolic microphones shall be used.

‘Adopted April 23, 1985; amended and effective June 9, 1993,

CANON 4
A Judge May Engage in Activities to Improve
the Law, the Legal System, and the
Administration of Justice

A judge, subject to the proper performance of judi-
cial duties, may engage in the following quasi-judicial
activities, if in doing s0 the judge does not cast doubt
on his or her capacity to decide impartially any issue
that may come before the judge: .

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

C. 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 fund3 and may
participate in thelr management and investment, but
should not personally participate in public fund raising
activities. A judge may make recommendations to the
public and private fund-granting agencies on projects

DEF00078


5286

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976
Table of Canons

Canon
1. A’Jndge Should Uphold the Integrity and Indepen-
4 the Judi, rity lepen-

i piety and the Appear

: ‘aes SF on oe ri “His: Office
impartially

andix to Canon 3. Guidelines for Extended Media

Fe of Proceedings in Appellate Courtrooms.

«4 aie Bae fae mane rove. the

ian tom, and the Administration of

CANON 1. A JUDGE SHOULD UPHOLD
THE INTEGRITY AND INDEPENDENCE
OF THE JUDICIARY

‘An independent and honorable ju is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enfore-
ing, and should himself observe, high standards of
conduct so that the integrity and independence of
the judiciary may be preserved. ‘The provisions of
this Code should be construed and applied to further
that objective, As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence.

CANON 2. A JUDGE SHOULD AVOID IM-
PROPRIETY AND THE APPEARANCE
OF IMPROPRIETY IN ALL HIS AC-
TIVITIES

A. A judge should respect and comply with the
law and should conduct himself at all times in a
manner that promotes public confidence in the in-
tegrity and impartiality of the judiciary.

B. A judge should not allow his family, social, or
other relationships to influence his judicial conduct
or judgment. He should not lend the prestige of his
office to advance the private interest of others; nor
should he convey or permit others to convey the
impression that they are in a special position to
influence him. He should not testify voluntarily as
a character witness.

633

mn
5. A Judge Should Regulate His ExtrasJudicial Activities,
to Minimize the Risk of Conflict With His Judicial

Duties,

6, A Judge Should Accept Compensation for QuasiJudi-
ial and ExtravJudicial Activities Only Under Re
stricted Circumstances.

1. A Judge Should Refrain From Po Political Activity Inap-
propriate to His Judicial 0:

Compliance With the Code of deal Condut.

Committee on Judicial Ethics.

CANON 3. A JUDGE SHOULD PERFORM
THE DUTIES OF HIS OFFICE
IMPARTIALLY AND DILIGENTLY

The judicial duties of a judge take precedence
over all his other activities. His judicial duties
Include all the duties of his office prescribed by law.
In the performance of these duties, the following
standards apply:

A. Adjudicative Responsibilities.

(1) A judge should be faithful to the law and
maintain professional competence in it, He should
be unswayed by partisan interests, public clamor, or
fear of criticism.

(2) A judge should maintain order and decorum in
proceedings before him.

(3) A judge should be patient, dignified, and cour-
teous to litigants, jurors, witnesses, lawyers, and
others with whom he deals in his official capacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and others subject to his,
direetion and control.

(4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu-
ments or communications designed to influence his
judicial action in any case, either civil or criminal.
A judge should not accept in any case briefs, doc-
uments or written communications intended or cal-
culated to influence his action unless the contents
are promptly made known to all parties. Judges of
appellate courts should also avoid all actions or
language which might indicate to counsel, litigants
or any member of the public, the particular member
of the court to whom a case is allotted or assigned

DEF00036


5478

CODE OF JUDICIAL CONDUCT.

Canon 7

ture of funds for the candidate's eampaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or eoereion may be ap-
plied in such solicitation.

(3) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's earmpaign no
earlier than two years before the primary election.
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
be solieited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
later than one year after the beginning of the term of
juclicial office following an election in which a judge or
judicial candidate participates as a contestant, the
Judge or judicial candidate shall divest himself or
herself of any unused campaign funds, in excess of the
amount listed below, by pro rata refund to the cam-
paign contributors or by donation to a charitable
organization, ‘The judge or judicial candidate may
retain campaign funds in the following amounts pro-
portionate to the classification of the office to which
the judge or judicial candidate seeks election:

Amount _of _ Campaign
Fs That Way Be Re:

Class of Juclicial Office tained
“Major Office x
District Office $200,000
Other Office $100,000

jor Office” means the following offices: justice
of the supreme court; court of appeal judge; 0
istrict court, family court, or juvenile court judge in a
Judicial district comprised of @ single parish with a
population in excess of two hundred fifty thousand
persons as determined by the most recently published
decennial federal census.

“District Office” means the following offices, but
shall not include any Major Office:

(a) The offices of a district, juvenile, or family
court judge (except in a judicial district comprised
of a single parish with a population in excess of two
hundred fifty thousand persons as determined by
the most recentiy published decennial federal cen
sus), parish court judge, city court judge, municipal
court judge and traffic court judge; or

(b) A justice of the peace in a judicial district
comprised of a single parish with @ population in
excess of two hundred fifty thousand persons as
determained by the most recently published decenni-
al federal censas.

“Other Office” shall mean any judicial office that is
not a Major Office or a District Office.

F. Other Political Activity. A judge shall not
engage in any other political activity exeept on behalf
of measures to improve the law, the legal system or
the administration of justice, or’as expressly author-
ined by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A suecess-
ful candidate, whether or not an incunibent, is subject,
to judicial discipline for his or her campaign conduct;
an unsueceesful 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 Rule 82a) and (b) of the Louisiana Rules of
Professional Conduct.

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
with the election or appointment authority, or author-
‘izes solicitation or acceptance of contributions or sup-
port, whichever occurs first. The term “candidat
has the same meaning when applied to a judge seek-
ing election to judicial or non-judicial office.

1. Candidacy for Non-Judicial Office. A judge
shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a 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 other-
wise permitted by law to do so.

Amended June 28, 1983; Amended and effective June. 3,
1998; amended July 3, 1996 effective July 8, 1996; amended
and effective July 1, 1997; atmencled March 13, 2002 effective
April 15, 2002; amended Jan. 13, 2005, effective Feb. 1, 2005;
famended June 26, 2008, effective Aug. 1, 2008

Commentary to Canon 7 (2008)
A jag or ul eandiate’s ampaign commit

tee, but not the judge or ju

tend thank you nates he luge juan

date's campaign contributors.

Court Commentary Regarding 2002
‘Amendment to Canon 7

‘The 2002 amendment to Canon 7B(1}@) of the
Code of Judicial Conduct, concerning public com-
ments about pending or impending proceedings, is
not intended to apply to In-court comments by
lawyer candidates, or comments regarding a case oF
proceeding that the lawyer candidate is participst-
ing in. Comments by s lawyer candidate regarding
a proceeding that the lawyer eandidate is participat-
ing in, ot @ proceeding in which an associate of the
lawyer candidate is participating in, are gwermed
by Rule 86 of the Louisiana Rules of Professional
Conduct,

1011

DEF00228


5357

Canon 3

CODE OF JUDICIAL CONDUCT

(® the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

‘i the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

ii) the reproduction wall not be exhibited until
after the proceeding has been concluded and all
direct. appeals have been exhausted; and

iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or
ice 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.

(@) A judge should take or initiate appropriate disci-
plinary measures against. a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
judge's judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon may be
instituted against the judge.

(@) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power of appoint-
ment impartially and on the basis of merit. A judge
should avoid appointinents which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
judge shall be employed in the court to which that
judge was elected. “Immediate family” means a
Judge’s children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge’s children; and all step relationships to the
same degree.

148

‘The provisions of this Subsection shall not prohibit,
the continued employment of any employee of a court
employed by such court on or before December 81,
1990; nor shall such provisions be construed to hin.
der, alter, or in any way affect promotional advance-
ments for any such employee. The provisions of this
Subsection pertaining to nepotism shall not apply to
mayors or justices of the peace.

C. Recusation. A judge should disqualify himself
or herself in a proceeding in which the judge's impar-
tiality might reasonably be questioned and shall di
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court rule, In all other instances, a judge
should not recuse himself or herself.

‘Amended April 28, 1985; December 3, 1990; amended and
atecive June 3, 1993; amended July 8, 1996, effective July

1996.

APPENDIX TO CANON 3
Guidelines or Extended Media Coverage of Procedings in
‘Apellate Courroome

1. As med in these idles,

‘A. “Butended covnge” means any recording or broszastng
the neva media of tut proeedngs using Ueno, rade, pt
raph or rtondng eqpnent

1. “Presidng Judge" means the Chie Jus ofthe Supreme Court
of Lousiana the Chit Sige of» Coat of Appeal, ot tre seit

{ge oa pane of which the Cit Date o Cae igen t

C._ “Proceeding” means any hearing. motion argument on appeal or
ther matter held in open court whieh the pubic is ented to
suena

D. "Party" means a aed Stigant of record who has appeared in
‘the case, and Inendes a partys counsel of record.

"Modi mean leginate news gathering snd reporting agencies
‘and their representatives.

F. “Court” means an appelate court and includes the Supreme
‘Court of Louisiana and the Courts of Appeal ofthe several creat

1H, Al extended media coverage of cour proceedings shall be gov-
‘erned by the principe Dat the decrum and digmty of the cout,
‘Be coursoo and the judicial proces wil be maintained stall
times. Heeoluton of sry question of coverage or procedure not
pecically adresoed inthis section wil be puldedby ths ever
ding principle.

TL. A. The coment or approval of partis to extended coverage is
‘ol reoired. Parties may object to extended coverage by fling a
‘rien cbjection stating De rescore herefor with the lerk of
court at last 10 days prior tothe date f the proceedings. Upon
‘hjecion by a pay, or on the cout’s own mation the preg
Jdge may probit ‘or iit exended eoverage of & proceeding

B._ Extended coverage shall not be permitied in any proceeding
‘which by ew must ory beheld n pve.

._ The decision of the presiding judge on any question of coverage
‘shall be final and shall not be subject fo review by any other eur.

IV. Betended eoverage of» proceeding shall not be peritted unless
‘notice of intention to provide extended coverage of a prceciing is
sven by the mea to the clr of court at Hast 20 days in advance
tthe proceeding, provided that only reasonable notice shall be
‘equred for envernge of expedited proceedings not regulysaer-
dared.

'V. Extended coverage of court proceedings may be provided by
‘hewn media agencies and their representatives. Film, videotape,
photographs and audio reproduction shall not be used for commer
lal o politcal advertising purpases. Soch use of Uhese materials

DEFO0107


5293

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976

Including Amendments Received Through
March 1, 1991

Table of Canons

Canon
1. A Judge Should Uphold the Integrity and Indepen-
ce of the Judiciary.

Perform the Duties of His Office
ly and Diligently.
Append dix to Canon 8. Guidelines for Extended Media
erage of Proceedings in Appellate Courtrooms.
4. A Judge May Engage in Activities to Improve the
Taw, the Legal System, and the Adminstration of
justice,

3. A Judge Shoul
Impesta

CANON 1. A JUDGE SHOULD UPHOLD
THE INTEGRITY AND INDEPENDENCE
OF THE JUDICIARY

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
Participate in establishing, maintaining, and enfore-
ing, and should himself observe, high standards of
conduct so that the integrity and independence of
the judiciary may be preserved. The provisions of
this Code should be construed and applied to further
that objective. As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence.

CANON 2. A JUDGE SHOULD AVOID IM-
PROPRIETY AND THE APPEARANCE
OF IMPROPRIETY IN ALL HIS AC-
TIVITIES

A. A judge should respect and comply with the
law and should conduct himself at all times in a
manner that promotes public confidence in the in-
tegrity and impartiality of the judiciary.

B. A judge should not allow his family, social, or
other relationships to influence his judicial conduct
or judgment. He should not lend the prestige of his
office to advance the private interest of others; nor
should he convey or permit others to convey the

pression that they are in a special position to
influence him. He should not testify voluntarily as
a character witness.

653

Should Regulate His Extra Judicial Activities
of Conflict With His Judicial

6. A Judge Should Accept Compensation for Quasivus
cial and ExtraJudicial Activities Only Under Re-
stricted Circumstances.

7. A Judge Should Refrain From Political Activity Inag-
propriate to His Judicial Office.

Compliance With the Code of Judicial Conduct,

Committee on Judicial Bthies.

CANON 3. A JUDGE SHOULD PERFORM
THE DUTIES OF HIS OFFICE
Tp MPARTIALLY AND DILIGENTLY
The judicial duties of a judge, take. precedence
over all his other activities. His judicial duties
include all the duties of his office preseribed by law.
in the performance of these duties, the following
stanaaros apply:

A. Adjudicative Responsibilities.

(1) A judge should be faithful to the law and
maintain professional competence in it. He should
be unswayed by partisan interests, public clamor, or
fear of eriticism.

(2) A judge should maintain order and decorum in
proceedings before him,

(8) A judge should be patient, dignified, and cour-
teous to litigants, jurors, witnesses, lawyers, and
others with whom he deals in his official eapacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and others subject to his
direction and control,

(4) Except as permitted by law, a judge should
not permit private or er parte interviews, argu-
ments or communications designed to influence his
judicial action in any case, either civil or criminal.
‘A judge should-not accept in any ease briefs, doc-
‘uments or written communications intended or cal-
culated to influence his action unless the contents
are promptly made known to all parties. Judges of
appellate courts should also avoid all actions or
language which might indicate to counsel, litigants

DEF00043


5418

LOUISIANA
RULES OF Court

STATE

2005

IncLupes Ruzes ror Lousiana Disrrict Courts,
AND NUMBERING SysTEMs FoR LouIsiANA FAMILY
AND Domestic Retations Courts AND JUVENILE CouRTS

THOMSON

WeEsT

Mat #40292504
t

DEFO0168
PORT Exhibit 1001 (u)


5318

Canon 3

CODE OF JUDICIAL CONDUCT

A. Adjudicative Responsibilities.

(2) A judge should be faithful to the law and main-
tain professional competence in it, A judge should be
unswayed by partisan interests, public clamor, or fear
of criticism.

(2) A judge should maintain order and decorum in
judicial proceedings.

(3) A judge should be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
‘with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
rection and control,

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
mance 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 ori-
gin, disability, age, sexual orientation or socioeconomic
status, and shall not permit staff, court officials or
others subject to the judge's direction and control to
do so.

(5) 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 orienta-
tion or socineconomic status, against parties, witness-
es, counsel or others. This Section $A(5) 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.

(6) Except as permitted by law, a judge should not
permit private or ex parte interviews, arguments or
communications designed to influence his or her ju
cial action in any case, either civil or criminal. A
judge should not accept in any case briefs, documents
‘or written communications intended or calculated to
influence his or her action unless the contents are
promptly made known to all parties. Judges of appel-
late courts should also avoid all actions or language
which might indicate to counsel, litigants or any mem-
ber of the public, the particular member of the court
to whom 2 case is allotted or assigned for any pur-
pose. Similar circumspection should be exacted on
the part of court officers, clerks and secretaries.

(1) A judge should dispose promptly of the business
of the court.

(8) A judge should abstain from public comments
about a pending or impending proceeding in any
court, and should require similar abstention on the
part of court personnel subject to his or her direction
and control. This subsection does not prohibit judges
from making public statements in the course of their
official duties or from explaining for public informa-
tion the procedures of the court.

690

(@) Except as herein provided a judge shoul
hibit broadeasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

‘A trial judge may authorize:

{a) the use of electronic or photographic means

for the presentation of evidence, for the a

tion of a record for the court or for counsel, or for

other purposes of judicial administration;
(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;
(c) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

( the means of recording will not distract
participants or impair the dignity of the proceed-
ings:

Gi the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

(Gi) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

Gv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

‘An appellate court may permit hroadeasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and

ent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge should diligently discharge administra-
tive responsibilities, maintain professional competence
in judicial administration, and facilitate the perfor-
mance of the administrative responsibilities of other
judges and court officials.

(2) A judge should require staff and court officials
subject to his or her direction and control to observe
the standards of fidelity and diligence that apply to
the judge.

(8) A judge should take or initiate appropriate disei-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware.

(@) A judge should not make unnecessary appoint-
ments, All appointments should be made on an im-
partial basis, with a view of selecting competent per-
sons of good moral character. A judge should avoid
appointments whieh tend to create suspicion of impro-

DEF00068


5457

LOUISIANA
RULES OF CoUuRT

STATE

2008

Inctupes Rutgs For Louisiana District Courts
AND JUVENILE COURTS, AND NUMBERING SysTEM FOR
Louisiana Famaty aND Domestic ReLations PROCEEDINGS

THOMSON
—e——

WEsT
‘Mat #40589173

DEF00207
PORT Exhibit 1001 (x)


5402

Canon 3

CODE OF JUDICIAL CONDUCT

@ the means of recording will not distract
participants or impair the dignity of the proceed-

Be

Gi) the parties have consented, and the consent

to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

(Gi) the reproduction will not be exhibited until
after the p: ig has been concluded and all
direct appeals have been exhansted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

‘An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court. or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

B, Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or praju-
dice and maintain professional competence in judicial
administration, and should cooperate with other
judges and court officials in the administration of
‘court business.

@) A judge shall require staff, court officials and
others subject to the judge’s direction and contro! 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.

(8) A judge should take or initiate appropriate disci-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
judge's judicial duties and shall be absolutely priv
leged, and no civil action predicated thereon may be
instituted against the judge.

(4) A judge shall not make unnecessary appoint
ments. A judge should exercise the power of appoint-
‘ment impartially and on the basis of merit. A judge
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
judge shall be employed in the cout to, which that
judge was elected, “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge’s spouse; the spouses
of a judge's children; and all step relationships to the
same degree,

940

The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin-
der, alter, or in any way affect promotional advance-
ments for any auch employee. ‘The provisions of this
Subsection pertaining to nepotism shall not apply to
‘mayors or justices of the peace.

€. Recusation. A judge should disqualify himself
or herself in a proceeding in which the judge's impar-
tislity might reasonably be questioned and shall dis-

qualify himself or herself in a proceeding in which
logalifation is required by law or applicable So
preme Court rule. In all other instances, a judge
should not recuse himself or herself.

Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended and effective March 13, 2002.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appellate Courtrooms

1. Aa wed in these guideline,

A. "Butended coverage” means any recording oF broadcasting by
‘the news media of court proceadings using television, radio, photo
raph or recording exuipment.

B. "Presiding Judge” ear the Chief Justice of the Supreme Cour,
of Lousans the Chief Judge ofa Court of Appeal, or the senior
Suge «poe of hich he Che Je or Chie Suge wt 8
member,

©. “Proceeding” means any hearing, mln, argument on apes! or
other matter held in open court which the pulls i ented to
stuend

D. “Party” means a named tkigant of reeamd who has appeared in
‘the ease and incinds » party's counsel of record

"Medi" mean legitimate news gathering and reporting agencien
and er representalives,

F. "Court” means an appellate court and includes the Supreme
‘Court of Louisiana andthe Courts of Appeal ofthe several erie

All exended media coerage of court procedngs shall be go
formed by the prinaple tthe decorum and dignity of the cout,
‘he courtroom end the judi) proces will be maintained at ll
tinws.  Resaludon of ary question of coverage ar procedure ot
Specialy addreead in this section wil be guided by this over.
ng principle.

LA, The consent or approval of parties to extended coverage is
tot required. Partie may chject fo extended coverage by fing &
‘wren ebjecton stating the reasons therefor with the clerk of
Court atleast 10 days prior tothe date ofthe proceedings. Upon
skjecion by « party, er on the cours owm mation, the presiding
fudge may prohibit or Unit extended coverage of proceeding

1B. Extandad coverage shall rot be permitted in eny proceeding
Ty hy et nc bee

° the presiding jutgerom any question of everage
sabe ltd sh so be je ora yay ter ae

1, _Bnende verge ofa rowing hl ot be pound nos
tatie of intention to provide extended coverage
Gfray te ni tothe ck of ort a a2 age nao
Of Ue proceeding, pronded that only reaanuble nouce shall be
eyed Tr coverage of exis proces nt reste:

V._Brtended coverage of curt proceedings may be provided by
‘ews media agencies and their representatives. Pl, videotape,
photographs, and audio reproduction shall not be used for commer.
ial or politcal averting purposes, Such use of these materials

DEF00152


5289

Canon 3 App.

must remain in their designated area and are not
permitted to move about the courtroom. Television
cameras and radio broadcast equipment, once in
position, may not be moved during the proceedings.
Movement by television and still photographers
should be held to a minimum and in no way should
be distracting or call undue attention to the opera-
tors.

XII. Camera and audio equipment authorized
by these guidelines shall not be operated during a
recess in a court proceeding. Extended coverage in
the judicial area of a courthouse or other court
facility is limited to proceedings in the courtroom in
the presence of the presiding judge.

XIV. The dignity and decorum of the court must
be maintained at all times during extended media
coverage activities. Court customs, including ap-
propriate dress, must be followed.

XV. The confidentiality of the attorney/client
relationship must be protected. Therefore, there
will be no audio recording, radio, television, or tape-
recording, made or broadcast of any conference
between attorneys and their clients, between co-
counsel of a client, between counsel and the presid-
ing judge when held at the bench, or of proceedings
held in chambers. No parabolic microphones shall
be used.

Added April 23, 1985.

CANON 4, A JUDGE MAY ENGAGE IN
ACTIVITIES TO IMPROVE THE LAW,
THE LEGAL SYSTEM, AND THE AD-
MINISTRATION OF JUSTICE

‘A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not cast
Goubt on his capacity to decide impartially any issue
that may come before him:

A. He may speak, write, lecture, teach, and par-
ticipate in other activities concerning the law, the
legal system, and the administration of justice.

B. He may appear at a public hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con-
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice.

C. He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice, He may
assist such an organization in raising funds and
may participate in their management and invest-
ment, but should not personally participate in public
fund raising activities. He may make recommenda-

CODE OF JUDICIAL CONDUCT

tions to the public and private fund-granting agen-
cies on projsts and programs concerning the law,
‘the legal system, and the administration of justice,

CANON 5. A JUDGE SHOULD REGULATE
HIS EXTRA-JUDICIAL ACTIVITIES
TO MINIMIZE THE RISK OF CON.
FLICT WITH HIS JUDICIAL DUTIES

‘A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and
recreational activities, if such avocational act
do not detract from’ the dignity of his office or
interfere with the performance of his judicial duties.

B. Civic and Charitable Activities. A judge
may participate in civie and charitable ies that
do not reflect adversely upon his impartiality or
interfere with the performance of his 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 con-
ducted for the economic or political advantage of its
members, subject to the.following limitations:

(2) A judge should not serve if itis likely that the
organization will be engaged in proceedings that
would ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

(2) A judge should not solicit funds for any edu-
cational, religious, charitable, fraternal, or civil or-
ganization, or use or permit the use of the prestige
of his office for that purpose, but he may be listed
as an officer, director, or trustee of such an orga-
nization. He should not be a fund raising speaker
‘or the guest of honor at an organization's fund
raising events, but he may attend such events.

C. Financial Activities.

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perform-
ance of his judicial duties, exploit his judicial posi-
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on whieh he serves.

(2) Subject to the requirement of subsection (1), a
jndge may hold and manage investments ineluding
real estate, and engage in other remunerative activi
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu-
tion, homestead or savings and loan association,
insurance company, public utility, and other busi-
nesses affected with a public interest.

(9) A judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he ean
do so without serious financial detriment, he should

DEF00039


5321

CODE OF JUDICIAL CONDUCT

Canon 7

gage in the arts, sports, and other social and recre-
ional activities, if euch avocational activities do not
stract from the dignity of judicial office or interfere
th the performance of judicial duties.

B. Civic and Charitable Activities. A judge may
irticipate in eivie and charitable activities that do not
fleet adversely upon his or her impartiality or inter-
re with the performance of judicial duties. A judge
ay serve as an officer, director, trustee, or non-legal
Ivisor of an educational, religious, charitable, frater-
il, or civic organization not conducted for the eco-
mie or political advantage of its members, subject to
ee following limitations:

(1) A judge should not serve if it is likely that the
‘ganization will be engaged in proceedings that
ould ordinarily come before the judge or will be
sgularly engaged in adversary proceedings in any
vurt.

(2) A judge should not solicit funds for any edu-
ational, religious, charitable, fraternal, or civic orga
ization, or use or permit the use of the prestige of
idicial office for that purpose, but the judge may be
sted as an officer, director, or trustee of such an
ganization. A judge should not be a fund raising
geaker or the guest of honor at_an organization's
ind raising events, but may attend such events.

©. Financial Activities.

() A judge should refrain from financial and busi
ess dealings that tend to reflect adversely on the
adge's impartiality, interfere with the proper perfor-
tance of judicial duties, exploit the judge's judicial
osition, or involve the judge in frequent transactions
‘ith lawyers ar persons likely to come before the
ourt on which he or she serves.

@) Subject to the requirement of subsection (1), a
udge may hold and manage investments, including
eal estate, and engage in other reminerative activity
‘ut should not serve as an officer, director, manager,
vr employee of any bank, lending institution, home-
tead or savings and loan association, insurance com-
vany, public utility, and other businesses affected with
1 public interest.

@) A judge should manage investments and other
‘nancial interests to minimize the number of cases in
vhich he or she is disqualified. As soon as a judge
:an do so without serious financial detriment, he or
the should divest himself or herself of investments
ind other finaneial interests that might require fre-
quent recusation,

(4) A judge or a member of the judge's family
cesiding in the judge's household should not accept
any gifts or favors which might reasonably appear as
designed to affect his or her judgment or influence his
or her official conduct

) Information acquired by a judge in his or her
judicial eapacity should not be used or disclosed by

the judge in financial dealings or for any other pur-
pose not related to judicial duties.

D, Arbitration. A judge should not act as an
arbitrator or mediator.

E, ExtraJudicial Appointments. A judge
should not accept appointment to a governmental
committee, commission, or other position that is con-
cerned 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, however, may
represent his or her country, state, or locality on
ceremonial oceasions or in connection with historical,
edueational, and cultural activities.

Amended and effective June 3, 1993.

CANON 6
‘A Judge Should Accept Compensation
for Quasi-Judicial and Extra-Judicial
Activities Only Under Restricted
Circumstances

A judge may receive compensation and reimburse-
ment of expenses for the quasi-judicial and extra-
judicial activities permitted by this Code, if the source
of such payments does not give the appearance of
influencing the judge in his or her judielal duties or
otherwise give the appearance of impropriety, subject
to the following restrictions:

A. Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what a
person who is not a judge would receive for the same
activity.

B. Expense Reimbursement. Expense reim-
ursement should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge and, where appropriate to the occasion, by his
or her spouse. Any payment in excess of such an
amount is compensation.

Amended and effective June 3, 1993.

CANON 7
A Judge Should Refrain From Political
Activity Inappropriate to

A. Political Conduct in General.
(1) A judge or a candidate for election to judicial
office should not:

(2) 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;

(©) solicit funds for or pay an assessment or make
a contribution to a political organization or candi-
date, attend political gatherings, or purchase tickets

693
DEF00071


5444

RULES OF PROFESSIONAL CONDUCT Art. 16, Rule 18

ARTICLE XVI. RULES OF
PROFESSIONAL
CONDUCT

Reenacted January 20, 2004, effective March 1, 2004
Including Amendments Received Through December 1, 2006

CLIENT-LAWYER RELATIONSHIP

Rule
18. Conflict of Interest: Current Clients: Spe-
cific Rules,

CLIENT-LAWYER
RELATIONSHIP

Rule 18. Conflict of Interest: Current
Clients: Specific Rules
(2) A lawyer shall not enter into 2 busi-
ness transaction with a client or knowingly
acquire an ownership, possessory, security
or other pecuniary interest adverse to a
client unless:

(1) the transaction and terms on which
the lawyer acquires the interest are fair
and reasonable to the client and are fully
disclosed and transmitted in writing in a
manner that can be reasonably under-
stood by the client;

(@) the client is advised in writing of
the desirability of seeking and is given a
reasonable opportunity to seek the advice
of independent legal counsel on the trans-
action; and

(8) the client gives informed consent,
in a writing signed by the client, to the
essential terms of the transaction and the
lawyer's role in the transaction, including
whether the lawyer is representing the
client in the transaction.

(b) A lawyer shall not use information
relating to representation of a client to the
disadvantage of the client unless the client
gives informed consent, except as permitted
or required by these Rules.

(©) A lawyer shall not solicit any substan-
tial gift from a client, including a testamen-
tary gift, or prepare on behalf of a client an
instrument giving the lawyer or a person
related to the lawyer any substantial gift
unless the lawyer or other recipient of the
gift, is related to the client, For purposes
of this paragraph, related persons include a
spouse, child, grandchild, parent, or grand-
parent.

(@) Prior to the conclusion of representa-
tion of a client, a lawyer shall not make or
negotiate an agreement giving the lawyer
literary or media rights to a portrayal or
account based in substantial part on infor-
mation relating to the representation.

(©) A lawyer shall not provide financial
assistance to a client in connection with
pending or contemplated litigation, except
as follows.

(2) A lawyer may advance court costs
and expenses of litigation, the repayment
of which may be contingent on the out-
come of the matter, provided that the
expenses were reasonably incurred.
Court costs and expenses of litigation
include, but are not necessarily limited
to, filing fees; deposition costs; expert
witness fees; transcript costs; witness
fees; copy costs; photographic, electron-
fe or digital evidence production; investi
gation fees; related travel expenses; liti-
gation related medical expenses; and any
other case specific expenses directly re-
lated to the representation undertaken,
including those set out in Rule 1.8(e)(3).

(2) A lawyer representing an indigent
client may pay court costs and expenses
of litigation on behalf of the client,

(8) Overhead costs of a lawyer's prac-
tice which are those not incurred by the
lawyer solely for the purposes of a partic-
ular representation, shall not be passed
on to a client. Overhead costs include,
but are not necessarily limited to, office
rent, utility costs, charges for local tele~
phone service, office supplies, fixed asset,
expenses, and ordinary secretarial and
staff services.

With the informed consent of the
client, the lawyer may charge as recover-
able costs such items as computer legal
research charges, long distance telephone
expenses, postage charges, _ copying
charges, mileage and outside courier ser-
vice charges, incurred solely for the pur-
poses of the representation undertaken
for that client, provided they are charged

277

DEFO00194


5450

Canon 3

CODE OF JUDICIAL CONDUCT

(©) the photographie or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

(@ the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

(i) the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduetion;

ii) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

iv) the reproduetion will be exhibited only for
instructional purposes in educational institutions,

‘An appellate court may permit broadcasting, tele-
vvising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

(10) A judge shall not, with respect to cases, contro-
versies 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 the office.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or preju-
dice 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,

(8) A judge should take or initiate appropriate disci-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware, Acts of a judge in the discharge of disciplin-

responsibilities, as set forth above, are part of the

jlge’s judicial duties and shall be absolutely priv-

Jeged, and no civil action predicated thereon may be

instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power of appoint-
ment impartially and on the basis of merit. A judge
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value

of services rendered. A judge shall avoid nepotism,
No spouse or member of the immediate family of
judge shall be employed in the court to which that
judge was elected. “Immediate family” means a
judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge’s children; and all step relationships to the
same degree.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shell such provisions’ be construed to hin-
der, alter, or in any way affect promotional advance-
ments for any such employee. The provisions of this
Subsection pertaining to nepotism shall not apply to
mayors or justices of the peace.

€. Recusation, A judge should disqualify himselt

or herself in a proceeding in which the judge's impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court rule. In all other instances, a judge
should not recuse himself or herself.
Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1998; amended July 3, 1996, effective July
‘8, 1996; amended and effective March 13, 2002; amended
Jan. 13, 2006, effective Feb. 1, 2005.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appelate Courtrooms

1. Asused in these guidelines,

‘A. “Extended coverage” means any recording or broadessting by
he news media of court proceedings using television, radi, photo-
‘neaphic oF recording equipment.

B. “Presiding Judge” means the Chief Justice of the Supreme Court
of Louisiana the Chief Judge of a Court of Appeal, or the senior
jude of a panel of which the Chief Justice or Chief Judge isnot 8
‘member.

C. “Proceeding” means any heating, motion, argument on appeal or
‘other matter held in open court which the public is entiied to

D._“*Party" means a ramed titigant of record who has appeared in
the case and includes party's eounsel of record,

E. "Media" means legitimate news gathering and reporting agencies
‘and their representatives.

F. “Court” means an appellate court and includes the Supreme
‘Court of Louisiana and the Courts of Appeal ofthe several ciruits.

HL_All extended media coverage of court proceedings shall be gov-
ferned by the principle that the decorum and dignity of the court
the courtroom and the judicial process wil be maintained at all
times. Resolution of aay question of coverage or procedure not
speeialy‘wldrsed in Oy section wil be pide by ts ore

"ding principle.

IHL, A. The consent or approval of partes to extended coverage is
tot required, Parties may object to extended coverage by fling &
rien objection stating the enone therefor with she desk of

Shu et 10d prior othe dete af the rss.” Upn

shjecdon by a party, oon the cours own mation, he

Judge may prohibit or init extended coverage of a proceeding

B. Extended coverage shall not be permitted in any proceeding
‘which by law mst. or ay beheld in pve

1006

DEF00200


5358

CODE OF JUDICIAL CONDUCT.

Canon 5

wil be regarded as an unlawful interference with the judicial
process.

reattive or ceremonial proceedings 2t
‘ariance with these guidelines may be authorized by the court.
VIL When ended coverage ie permite, ll mein represents
tives shall have equally the right to provide coverage. When
‘mare than one media
Vectvely ate one repre-
sentative to coordinate with the court all motters dealing with
extended coverage. Any poling erengenens among the media
required by the limitatione and. restrictions on equipment and
petsonel contained in Use guidelines shal be the soe rexponi
Ditty of the media and must be made in advance of the court
proceedings to be covered. Judges and court, personnel will aot
‘mediate any dispute as to the appropriate media representative or
‘equipment authorized to ewer a particular proceeding. If pooling
cannot be made or if Gere are unresolved media
disputes, the presiding judge may deny extended coverage of
proceedings.
‘VIEL, 4 No more gan ovo portale von canara, ach oe
sted by ne moe than ne camera person and unab-
vey as pe et lctons approved by the rat cal be

permitted. ‘ec recording
ion camera shall, whenever possible, be

Inn are oti the courtroom

BL No artificial lighting device of any kind shall be employed
‘connection with the television camera. With the approval of the
‘court, modifications snd addlione to exiting. courtroom lighting
‘may be made provided such modifications or sitions are installed
1nd maintained without pubic expense. Multiple videfandio feeds

ay be permitted but must be provided by a video/audio distriba-

mn system, furnished by the mis, located ouside th courtroom,

TK A. No more than one stil photographer, using not more than
‘to til cameras with not more than two Tenses for each camera
without flash or other artifiil light, shall be permitted to be
physically in the courtroom, Stl cameras must not produce dis-
tracting sound and should produce no greater sound than the Leica
M Series Rangefinder camera, Motorized flm advance systems
‘ll not be permitted,

'B._ The photographer aball be positioned ina place designated by the
‘presiding judge and remain ty that area except when the
lng Js» ores Changing of lenses or ‘cr fin wil only be done
uring a recess.

X. Only one audio system for radio broadsast purposes will be
‘permitted in the courtroom. Audio piskup shold be made from
existing audio systoms in the courtroom Whenever possible If no
technically suitable andio system erists in the courtroom, miro-
phones and related wiring shall be permitted bat must be unobtra-
Sve and located in places designated in advance by the presiding
Judge. Multiple radio feeds rather than a pooling system may be
ered but mast be prove by an ati ditbuton system,
provided by the media, located outside the ca

When ental meta cverge thre nda ura
{sts may bring tape recorers into the courtroom and use them to
record proceedings 80 long as they do not eause any distraction.
earn ing tape etree may it a any lace the
‘audience portion of the courtroom, but’ must Keep their
Feorder on th peraon at al mes. Changing of pe cassetics
during proceeding snot permitted and shoud tly be done daring

‘All camera and audio equipment must be in position atleast 16
sina bare the art of the preceding aed en only be moved
or removed afer the proceedings are over or during. a recess.
‘Television camera persona and still photographers cust remain in
their designated ares and are not permitted to move about the
courtroom, Telvsion eaeras nd radio broad egies,

position, may tot be moved during the proceedings. Move.
sent by television spd stl photorapers stead be held
rminimam and in no way shold be distracting or call undue
attention tothe operator.

ut

XI, Camera and nui equipment autre by Us ules
hall not be operated daring a recess in a court proceeding.
Extended coverage inthe jodi ares of a surthoue or. other
cout facility is limited to proceedings in the courtroom in the
presence ofthe presiding judge.

XIV, The dignity and decorum of the court must be maintained at
all times doring extended media coverage activities. Court cur
tos, including appropriate dress, mast be followed.

XV. The confidentaity of the attorneyltient relationship must be
‘protected. Therefore, there will be no audio recording, radio,
{elevision, oF tape recording, made or broadeast of any conference

residing,
of ot {in chambers. "No parabolic micropbones shall

‘Added April 23, 1985; amended snd effective June 8, 1998

CANON 4
Quasi-Judicial Activities

A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

A judge, subject to the proper performance of judi-
cial duties, may engage in the following quasi-ju
activities, if in doing so the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
the legal system, and the adminis-
may otherwise consult with an
executive or legislative body or official, but only on
‘matters concerning the administration of justice.

C. 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 shall
not personally solicit funds for such an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
Amended and effective June 3, 1969; ainended July 3, 1996,
effective July 8, 1996.

CANON 5
Extra—Judicial Activitie
A Judge Shall Regulate Extra-Sudicial Activities to

Minimize
the Risk of Conflict With Judicial Duties

A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activites, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

DEF00108



5421

Canon 8

CODE OF JUDICIAL CONDUCT

(©) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

@ the means of recording will not distract
participants or impair the dignity of the proceed-

8;

(the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

(ii) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
Judicial proceedings in the courtrooms of appellate
‘courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

(10) A judge shall not, with respect to cases, contro-
versies 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 the office,

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias oF preju-
dice 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,

(@) A judge should take or initiate appropriate disci-
plinary measures aguinst a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
Judge's judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon may be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power of appoint-
‘ment impartially and on the basis of merit, A judge
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value

of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
Judge shall be employed in the court to which that
judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge's children; and all etep relationships to the
same degree.

The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin-
der, alter, or in any way affect promotional advance-
ments for any such employee. The provisions of this
Subsection pertaining to nepotism shall not apply to
mayors or justices of the peace.

C. Recusation, A judge should disqualify himself

or herself in a proceeding in which the judge’s impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court rule. In all other instances, a judge
should not recuse himself or herself,
Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; ‘amended and effective March 13, 2002; amended
Jan. 18, 2006, effective Feb. 1, 2005.

APPENDIX TO CANON 3

Guidlines for Extended Mata Coverage of Proceeding in
Appellate Courtroo

1. As used in these guidelines,

A. “Extended coverage” means any recording or broadessting by
the news media of court proceedings using television, radio, photo-
iraphic or recording equipment

B._ “Presiding Judge” means the Chief Justice of the Supreme Court
of Louisiana, the Chief Judge of a Court of Appedl, or the eenlor
sue ofa pane of wish the Cae Jest or Chet Jade not

© Pern? ‘means any hearing, motion, argument on appeal oF
ther alter held in open court wich the pale i etd to

> “ny ‘means 2 named litigant of recor who has appeared in

‘the eas, and Lnciodes party's counsel of retard.

E._*Moiia” means legitimate news gathering and reporting agencies
‘and their representative,

F. “Court” means en appellste cout and includes the Supreme
‘Court of Louisizna and the Courts of Area fe eral ets

TL All extended media coverage of court proceedings shall be gov-
med by the prinlse thatthe decerom and dignty ofthe court,
‘the courtroom and the judicial process will be maintained at all
Limes Resolon of aay queiuen-af tmerege or procedure not
specifically addressed in this section wil be guided by this over-
ding principle

II A. The consent or approval of partes to extended coverage is
ot egawed Paris may obec to ended coverage by fg &

ten objection stating the ressons therefor with the clerk of
Tr cleat 10 day porto he dae af he preeeng Upon
seston by peyote Ue sts ov man the preci
jge may prohibit or limit extended coverage of & proceeding.

1 Extended covrage shal ot te pemlued tn any proceiog

‘which by law must oF may be held in private.

980

DEF00171


5

380

CODE OF JUDICIAL CONDUCT

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shal) select an Associate
Justice who shall serve for a term of two years;

(©) The Supreme Court shall select one district
court judge and one juvenile or family court judge
‘who shall serve for terms of two years;

(d) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(e) The District Judges Association shall select one
member to serve on the Committee for two years;

(®) The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges

Association, the President of the City Judges Associa.
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

The Judicial Administrator shall be Secretary of the
Committee. The Committee shall make its own rules
and select members to serve in such other offices as it,
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct. 81, 1975, effective Jan. 1, 1976; amended and
effective June 3, 1993, amended July 3, 1996, effective July
8, 1095; amended May 28, 1998, effective July 2, 1998

DEF00130


5299

Art. 14, §10

STATE BAR ASSOCIATION

Supreme Court and Part II, being the Multistate
Professional Responsibility Examination (MPRE).
‘An applicant must be designated as having passed
both and Part Il of the Louisiana Bar Bxami-
nation prior to being eligible for admission. This
designation and the right to re-examination will be
as follows:

(A) As to Part I—An applicant who fails five (6)
‘or more of the nine (9) examinations shall be con-
sidered as completely failing Part I of the examina-
tion as a whole. Such applicant shall be permitted
to take a re-examination at the next regular exami-
nation of the Committee on Bar Admissions.

(B) As to Part I—An applicant who passes five
(6) or more of the nine (9) examinations, but who
fae either bo (2) Cole examinations or any three
(8) of the nine (9) examinations shall be consi
as conditionally failing Part ! of the amination sa
a whole, Such applicant shall be placed on a special
list and may make application for re-examination
and shall be re-examined on only those separate
examinations applicant did not pass in Part I.
Should such applicants, upon re-examination, pass
some of the separate examinations originally not
passed in Part I, those shall be eliminated from
future examinations. Such applicant shall be
deemed to have passed Part I of the examination as,
8 whole when applicant hes cumulatively passed
seven (7) of the nine (9) examinations provided that
of the two examinations not passed, not more than
one is on a required Code subject.

ARTICLE XV.

(©) As to Part I—The following provisions shall
apply to the Multistate Professional Responsibility
‘Examination (MPRE):

1, Applicant must receive a scaled score of 75 or
better to be designated as having passed Part IT of
the examination.

2, All applicants must demonstrate compliance
with the requirements of successful completion of
the Multistate Professional Responsibility Examing-
tion (MPRE) by causing a certificate supplied by the
agency administering such examination bearing the
scaled score attained on the Multistate Professional
Res sibility Examination (MPRE) to be forward-

tly to the Committee on Bar Admissions,
foatiene ‘State Bar Association.

3. Successful completion of the Multistate Pro-
fessional Responsibility Examination (MPRE) must
have been within one year prior to the date of the
original application for admission. Such successful
completion and use of the MPRE score shall be
valid for a total of three (8) years.

4, Applicants prior to August 1, 1984 who have,
under the previous rules under Section 10 of Article
XIV, passed the Ethies Examination and have been
designated as conditionally failing the examination
as a whole, under those rules, shall be considered as
having fuifilled the requirement of passing the
Multistate Professional Responsibility Examination
(MPRE).

Amended effective July 27, 1982; May 8, 1985,

DISCIPLINE AND DISBARMENT OF

MEMBERS [VACATED AND REPEALED]

Vacated and repealed, effective April 1, 1990.
ab. Note: See, now, Supreme Covrt Rule 1, supra

ARTICLE XVI.

RULES OF PROFESSIONAL CONDUCT

Adopted December 18, 1986
Effective January 1, 1987
Table of Rules

CLIENT-LAWYER RELATIONSHIP

1.1. Competence.

2. Scope af Representation.
13. Diligence.

14. Commu
15. Fees.
1.6. Confidentiality of Information.

LT. Conflict of Interest: General Rule.

c Prohibited Transactions

Former Client.

. Imputed Disqualification: General Rule.
Successive Government and Private Employment.

Former Judge, Arbitrator or Law Clerk,

Organization as Client

Client under « Disability.

16. Safekeeping Property.

. Declining or Terminating Representation.

DEF00049


5341

LA ST CIC Canon 2 Page 2
Code of Jud. Conduct, Canon 2, 8 LSA-R-S.

membership limitations would be entitled to constitutional protection.

CANON 3
A Judge Shall Perform the Duties of Office

Impartially and Diligently

The judicial duties of a judge take precedence over all other activities. gudi-
cial duties include all the duties of office prescribed by law. In the performance
of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain professional competence in
it. A judge shall be unswayed by partisan interests, public clamor, or fear of
criticism.

(2) A judge shall maintain order and decorum in judicial proceedings.

(3) A judge shall be patient, dignified, and courteous to litigants, jurors, wit~
nesses, lawyers, and others with whom the judge deals in an official capacity, and
should require Similar conduct of lawyers, and of staff, court officials, and oth-
ers subject to the judge's direction and control.

(4) 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, and shall not permit staff, court officials or others subject to the
judge's direction and control to do so.

(5) A judge shall require lawyers in proceedings before the judge to refrain from
manifesting, by words or conduct, bias or prejudice against parties, witnesses,
counsel or others.

(6) Except as permitted by law, a judge shall not permit private or ex parte in~
terviews, arguments or communications designed to influence his or her judicial ac~
tion in any case, either civil or criminal. A judge may obtain the advice of a
disinterested expert on the law applicable to a proceeding before the judge if the
judge gives notice to the parties of the person consulted and the substance of the
advice, and affords the parties reasonable opportunity to respond. where circum-
stances require, ex parte communications are authorized for scheduling, administra~
tive purposes or emergencies that do not deal with substantive matters or issues on
the merits, provided the judge reasonably believes that no party will gain a proce~
dural or tactical advantage as a result of the ex parte communication. A judge
shall not knowingly accept in any case briefs, documents or written communications
intended or calculated to influence his or her action unless the contents are
Promptly made known to all parties. Judges of appellate courts shall also avoid all
actions or language which might indicate to counsel, litigants or any member of the
public, the particular member of the court to whom a case is allotted or assigned
for any purpose. Similar circumspection should be exacted on the part of court of-
ficers, clerks and secretaries.

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00091


5262

CODE OF JUDICIAL CONDUCT

B. Extra,judictal Appointments

‘A judge should not accept appointment to a gov-
eraniental committee, commission, or other position
{hot is concerned with issues of fact or policy on
tistters other than the improvement of the law, the
egal system, or the administration of justice. A
judge, However, may represent his country, state, or
jeatity on ceremonial occasions or in connection
1th historical, educational, and cultural activities.

CANON 6

‘A Judge Should Accept Compensation for
Quasi-Judicial and Extra-Judicial Activi-
ties Only under Restricted Circumstane-
es

‘A judge may receive compensation and reimburse-
ment of expenses for the quasi-judicial and extra-ju-
dicial activities permitted by this Code, if the source
of such payments does not give the appearance of
influencing the judge in his judicial duties or other-
wise give the appearance of impropriety, subject to
the following restrictions:

A. Compensation

Compensation should not exceed a reasonable
amount nor should it exceed what a person who is
not a judge would receive for the same activity.

B. Expense Reimbursement

Expense reimbursement should be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
oceasion, by his spouse. Any payment in excess of
such an amount is compensation.

CANON 7

‘A Judge Should Refrain from Political Ac-
tivity Inappropriate to His Judicial Office
A. Political Conduct in General
(1) A judge or a candidate for election to judicial
office should not:

(@) act as a leader or hold any office in a
political organization;

(0) make speeches for a political organization
or candidate or publicly endorse a candidate for
public office;

©) solicit funds for or pay an assessment or
make a contribution to a political organization or
candidate, attend political gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection A(2);
(2) A judge holding an office filled by public

election between competing candidates, or a candi-
date for such office, may, only insofar as permitted

Laces Pang —2

58

by law, attend political gatherings, speak to such
gatherings on his own behalf when he is a candidate
for election or re-election, identify himself as a
member of a political party, and contribute to 2
political party or organization.

(8) A judge should resign his office when he
becomes a candidate either in a party primary or in
‘a general election for a non-judicial office, except
that he may continue to hold his judicial office while
being a candidate for election to or serving as
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(4) A judge should not engage in any other politi
cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice.

B. Campaign Conduct

A candidate, including an incumbent judge, for a
judicial office that is filled either by publie election
between competing candidates or on the basis of 2
merit system electior

{a) should maintain the dignity appropriate to ju
dicial office, and should encourage members of his
family to adhere to the same standards of political
conduct that apply to him;

(b) should prohibit public officials or employees
subject to his direction or control from doing for
him what he is prohibited from doing under this
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

() should not make pledges or promises of con-

duct in office other than the faithful and impartial

performance of the duties of the office; announce

his views on disputed legal or political issues; or
isrepresent his identity, qualifications, present po-

sition, or other fact.

Amended June 28, 1983.

Compliance with the Code of
Judicial Conduct

Anyone, whether or not a lawyer, who is an
officer of a court of record performing judicial
functions, including an officer such as a judge ad
hoc, referee, special master, court commissioner, or
magistrate, ‘and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All
judges should comply with this Code except as
provided below.

A. Part-time Judge

A parttime judge is a judge who serves on a
continuing or periodic basis, but is permitted by law
to devote time to some other profession or oecupa-

DEF00012


5255

Canon 7

(3) A judge should resign his office when he
‘becomes a candidate either in a party primary or in
a general election for a non-judicial office, except
that he may continue to hold his judicial office while
being a candidate for election to or serving as a
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(4) A judge should not engage in any other politi
cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice.

B. Campaign Conduct

A candidate, including an incumbent judge, for a
judicial office that is filled either by public eleetion
between competing candidates or on the basis of a
merit system election:

(a) should maintain the dignity appropriate to ju-
dicial office, and should encourage members of his
family to adhere to the same standards of political
conduct that apply to him;

(b) should prohibit public officials or employees
subject to his direction or control from doing for
him what he is prohibited from doing under this
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(c) should not make pledges or promises of eon-
duct in office other than the faithful and impartial
performance of the duties of the office; announce
his views on disputed legal or political issues; or
misrepresent his identity, qualifications, present po-
sition, or other fact.

Amended June 28, 1983.

Compliance with the Code of
Judicial Conduct

Anyone, whether or not a lawyer, who is an
officer of a court of record performing judicial
functions, including an officer such as a judge ad
hoe, referee, special master, court commissioner, or
magistrate, and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All
Judges should comply with this Code except as
provided below.
A. Part-time Judge

A parttime judge is a judge who serves on a
continuing or periodic basis, but is permitted by law
to devote time to some other profession or occupa-
tion and whose compensation for that reason is less
than that of a full-time judge.
A parttime judge:

(1) is not required to comply with Canon 5C(2),
5D, and 5E;

(2) should not practice law in the court on which
he serves or in any court subject to the appellate

50

CODE OF JUDICIAL CONDUCT

jurisdiction of the court on which he serves, or act
as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to.

B, Judge Pro Tempore

‘A judge pro tempore is a person who is appointed
to act temporarily as a judge.

(1) While acting as such, a judge pro tempore is
not required to comply with Canon 5C{2), 5C(3), 5D,
and 5E.

(2) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto.

C. Retired Judge

A retired judge is not governed by the provisions
of this Code, except when he is sitting by assign-
ment and then he shall be subject to the rules
applicable to a judge pro tempore.

Amended Oct. 29, 1982.

Committee on Judicial Ethics

To the end that these canons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judiciary
related to the interpretation of these canons, the
Supreme Court Committee on Judicial Ethics is
hereby created. The function of this Committee
shall be limited to the issuance of advisory opinions
cn its own motion or in response to inquiries from
any judge insofar as these canons may affect him.

‘The Committee shall consist of nine members, as
follows:

(a) The Chief Justice and one other member of
the Supreme Court;

(b) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal
Judge;

(c) The President of the District Judges Associa-
tion and one other Distriet Judge;

(@ The President of the City Judges Association;

(e) The Judicial Administrator; and

(The President of the Louisiana State Bar As-
sociation.

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during
his term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

DEF00005


5404

Canon 5

CODE OF JUDICIAL CONDUCT

B, Civic and Charitable Activities, A judge may
participate in civic and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater~
nal, or civic organization not conducted for the eco-
nomic oF political advantage of its members, subject to
the following limitation

(1) A judge shall not serve if the judge knows, or
should know, 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.

(2) A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civie organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
However, it shall not be a violation of this Canon for a
Judge to privately solicit funds for the judge's local
church from a local church member. A judge should
not be a fund-raising speaker or the guest of honor at
an organization's fund- raising events, but may attend
such events. A judge may also participate in an
organization's fund-raising events, provided the
Judge's title or status is not used to support the fund-
raising effort.

C. Financial Activities.

(2) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge’s
impartiality, interfere with the proper performance of
judicial duties, exploit the judge’s judicial position, or
involve the judge in frequent transactions with law-
yers or persons likely to come before the court on
Which he or she serves.

(2) Subject to the requirement of subsection (1), 3
judge may hold and manage investments, including
real estate, and engage in other remunerative activity
Dut shall not serve as an officer, director, manager, or
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with 3
public interest.

(8) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as a judge
ean do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
recusation.

(4) Information acquired by a judge in his or her
judicial capacity shall not be used or disclosed by the
judge in financial dealings or for any other purpose
not related to judicial duties,

D, Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

942

E. Extra-Jndicial Appointments. A judge shall
not accept appointment to a governmental committee,
commission, or other position that is coneerned 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, however, may
represent his or her county, state, or locality on
ceremonial oceasions or in connection with historical,
educational, and cultural acti
‘Amended and effective June 3, 1989; amended July 3, 1986,
effective July 8, 1996; amended and effective February 12,
2008,

IN

mpensation or Gifts for

idicial and

Extra-Judicial Activities Only Under Restricted
Circumstances

A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of euch payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:

‘A. Compensation. Compensation for quasi-judi-
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not
exceed what 2 person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
oceasion, by his or her spouse. Any payment in
excess of such an amount is compensation.

©. Gifts. A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect the
Judgment of the judge or influence the judge's official
conduct,

D. Annual Reports.

(1) A judge shall report annually all compensation
and expanses received in connection with any quasi-
judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $250 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association.

Q) The judge's report shall Be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January Slst of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. In the report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quaijudicial activity.
Amended and effective June 3, 1993; amended July 3, 1996,
oe July 8, 1996; amended Nov. 11, 1996, effective July

CANO!
A Judge Shall Accept Cor
asi-Ji

DEF00154


5296

Canon 3 App.

CODE OF JUDICIAL CONDUCT

nated in advance by the presiding judge. Multiple
radio feeds rather than a pooling system may be
permitted but must be provided by an audio distri-
bution system, provided by the media, located out-
side the courtroom.

XI. When extended media coverage is autho
rized, individual journalists may bring tape record-
ers into the courtroom and use them to record
proceedings so long as they do not cause any dis-
traction. Journalists using tape recorders may sit
at any place in the audience portion of the court-
room, but must keep their tape recorder on their
Person at all times. Changing of tape cassettes
during proceedings is not permitted and should only
be done during a recess.

XII. All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed
after the proceedings are over or during a recess.
Television camera persons and still photographers
must remain in their designated area and are not
permitted to move about the courtroom. Television
cameras and radio broadcast equipment, once in
position, may not be moved during the proceedings.
Movement by television and still photographers
should be held to a minimum and in no way should
be distracting or call undue attention to the opera-
tors.

XII, Camera and audio equipment authorized
by these guidelines shall not be operated during a
recess in a court proceeding. Extended coverage in
the judicial area of a courthouse or other court,
facility is limited to proceedings in the courtroom in
the presence of the presiding judge.

XIV. The dignity and decorum of the court must
be maintained at all times during extended media
coverage activities. Court customs, including ap-
propriate dress, must be followed.

XV. The confidentiality of the attorney/ctient
relationship ‘must be protected. ‘Therefore, there
will be no audio recording, radio, television, or tape-
recording, made or broadcast of any conference
between attorneys and their clients, between co-
counsel of a client, between counsel and the presid-
ing judge when held at the bench, or of proceedings
held in chambers. No parabolic microphones shall
be used.

Added April 23, 1985.

CANON 4. A JUDGE MAY ENGAGE IN
ACTIVITIES TO IMPROVE THE LAW,
THE LEGAL SYSTEM, AND THE AD-
MINISTRATION OF JUSTICE

A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not cast

doubt on his eapacity to decide impartially any i
that may come before him: nt) "Y Hsue
_A. He may speak, write, lecture, teach, and par-
ticipate in other activities concerning the law, the
legal system, and the administration of justice,

1, He may appear at a pubic hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con.
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice.

C. He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice, He may
assist such an organization in raising funds and
may participate in their management and invest-
ment, but should not personally participate in public
fund raising activities. He may make recommenda-
tions to the public and private fund-granting agen-
cies on projects and programs concerning the law,
the legal system, and the administration of justice,

CANON 5. A JUDGE SHOULD REGULATE
HIS EXTRA-JUDICIAL ACTIVITIES
TO MINIMIZE THE RISK OF CON-
FLICT WITH HIS JUDICIAL DUTIES

A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and
recreational activities, if such avocational activities
do not detract from’ the dignity of his office or
interfere with the performance of his judicial duties.

B. Civie and Charitable Activities. judge
may participate in civic and charitable activities that,
do not reflect adversely upon his impartiality or
interfere with the performance of his 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 con-
ducted for the economic or political advantage of its
members, subject to the following limitations:

(1) A judge should not serve if it is likely that the
organization will be engaged in proceedings that
would ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

(2) A judge should not solic .
cational, religious, charitable, fraternal, or civil or-
ganization, or use or permit the use of the prestige
of his office for that purpose, but he may be listed
as an officer, director, or trustee of such an orga
nization. He should not be a fund raising speaker
or the guest of honor at an organization's fund
raising events, but he may attend such events.

DEF00046


5415

CODE OF JUDICIAL CONDUCT.

Canon 7

Q) A judge or judicial eandidate shall not:

(@) act as a leader or hold any office in a political
organization;

(b) publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of a political organi-
zation or a candidate for public affice;

(@) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a political organization or candi-
date or purchase tickets for politieal party dinners
or other campaign functions.

B. Campaign Conduct.
(2) A judge or judicial candidate:

(a) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
integrity and independence of the judiciary, and
should encourage the 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 should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
‘ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is,
prohibited from doing under this Canon;

(d) shall not

@) make pledges or promises of conduct in
office other than the faithful and impartial per-
formance of the duties of the office;

(ii) make statements that commit or appear to
commit the candidate with respect to eases, con-
troversies, or isaues that are likely to come before
the court;

(Gi) knowingly misrepresent the identity, quali-
fications, present position or other fact concern-
ing the candidate or an opponent; or

(iv) while a proceeding is pending or impending
in any court, make any public comment that
might reasonably be expected to affect its out-
come or impair its fairness.

(e) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1)(2).

C. AJudge or a Judicial Candidate May:
2) Atany time

a) attend political gatherings;

(b) identify himself or herself as a member of a
political party;

(2) During his or her candidacy

(@) speak to gatherings on his or her own behalf,
(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;
(©) distribute pamphlets or other promotional
campaign literature supporting his or her eandida-
o
(@) contribute to a political organization and/or be
{included on a political ticket or endorsement.
D. Campaign Committees

(1) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
stated support.

@) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
‘mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coercion may be ap-
plied in sueh solicitation,

(3) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than bvo years before the primary election.
Contributions may he solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
‘guished, post-election eampaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions exeept as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campsign contributors or by donation to
charitable organization. The judge or judicial eandi-
date may retain campaign funds in ‘the following
amounts proportionate to the population of the judge's
or judicial candidate's election district:

Population of | Amount of Campaign Funds
Election District "That May Be Retained
Below 25,000 $ 25,000
25,000-100,000 $ 50,000
1100,001~-200,000 $ 75,000
200,001-300,000 $100,000
:300,001-400,000 $125,000
Over 400,000 $150,000

963.

DEFO0165


CODE OF JUDICIAL CONDUCT

5327

Canon 3 App.

(8) A judge should take or initiate appropriate disci-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware.

@) A judge should not make unnecessary appoint
‘ments. ‘All appointments should be made on an im-
partial basis, with a view of selecting competent per-
sons of good moral character. A judge should avoid
appointments which tend to create suspicion of impro-
riety. A judge should not approve the compensation
of appointees beyond the fair value of services ren-
dered. A judge should avoid nepotism. No spouse or
‘member of the immediate family of a judge shall be
employed in the court to which that judge was elected.
“[mmediate family” means a judge's children, parents,
brothers and sisters; the children and parents of @
Judge's spouse; and the spouses of a judge's children.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court,
employed by such court on or before December 31,
199, or any employee of a court who becomes a
member of a judge's immediate family subsequent to
employment; nor shall such provisions be construed
to hinder, alter, or in any way affect, promotional
advancements for any such employee. The provisions
of this Subsection pertaining to nepotism shall not
apply to mayors or justices of the peace.

C. Recusation. ‘The recusation of judges is gov-
ered by law.

Amended Apsil 23, 1
tive June 3, 198,

ee. 3, 1990; amended and effec-

APPENDIX To CaNoN 3
Gutsuives ror Exrenozp Mepis
CoveraGe OF PROCEEDINGS IN
AprELLate CourTRooms

1. As used in these guidelines,

A. “Extended je” means any recording or
broadeasting by the news media of court proceedings
using television, radio, photographic or recording
equipment.

B._ “Presiding Judge” means the Chief Justice of
the Supreme Court of Louisiana, the Chief Judge of a
Court of Appeal, or the senior judge of a panel of
which the Chief Justice or Chief Judge is not a

C. “Proceeding” means any hearing, motion, argu-
ment on appeal or other matter held in open court
which the public is entitled to attend.

D. *Party” means a named litigant of record who
hhas appeared. in the ease, and includes 2 party's
counsel of record.

E. “Media” means legitimate news gathering and
eparting agencies and their representatives.

F._ “Court” means an appellate court and includes
the Supreme Court of Louisiana and the Courts of
Appeal of the several circuits.

IL. All extended media coverage of court proceed-
ings shall be governed by the principle that the deco-
rum and dignity of the court, the eourtroom and the
Judicial process will be maintained at all times. Reso-
lution of any question of coverage or procedure not
specifically addressed in this section will be guided by
this overriding principle.

IIL A. The consent or approval of parties to
extended coverage is not required. Parties may ob-
Ject to extended coverage by filing a written objection
Stating the reasons therefor with the clerk of court at
least 10 days prior to the date of the proceedings.
‘Upon objection by a party, or on the court's own
motion, the presiding judge may prohibit or limit,
extended coverage of a proceeding.

B. Extended coverage shall not be permitted in
any proceeding whieh by law must or may be held in
private,

C. The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court.

IV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of @ proceeding is given by the
media to the clerk of court at least 20 days in advance
of the proceeding, provided that only reasonable no-
tice shall be required for coverage of expedited pro-
ceedings not regularly calendared.

V. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives. Film, videotape, photographs, and audio
reproduction shall not be used for commercial or
political advertising purposes. Such use of these ma-
terials will be regarded as an unlawful interference
‘with the judicial process,

VI. Extended coverage of investitive or ceremonial
proceedings at variance with these guidelines may be
authorized by the court.

VIL. When extended coverage is permitted, all
media representatives shall have equally the right to
provide coverage. When extended coverage is to be
provided by more than one media representative, the
media collectively should designate one representative
to coordinate with the court all matters dealing with
extended coverage. Any pooling arrangements
among the media required by the limitations and
restrictions on equipment and personnel contained in
these guidelines shall be the sole responsibility of the
media and must be made in advance of the court
proceedings to be covered. Judges and court person-
nel will not mediate any dispute as to the appropriate
media representative or equipment authorized to eov-
er a particular proceeding. If pooling arrangements
cannot be made or if there are unresolved media

701

DEFO0077


5336

Canon 3 App.

CODE OF JUDICIAL CONDUCT

disputes, the presiding judge may deny extended cov-
erage of proceedings.

VIL. A. No more than two portable television
cameras, each operated by no more than one camera
person and positioned as unobtrusively as possible at
locations approved by the court, shall be permitted to
bbe physically in the courtroom. "Only television equip-
ment which does not produce light or distracting
sound will be permitted. Videotape recording equip-
ment which is not a component part of a television
camera shall, whenever possible, be located in an area
outside the courtroom.

B. No artificial lighting device of any kind shall be
employed in connection with the television camera,
With the approval of the court, modifications and
additions to existing courtroom lighting may be made
provided such modifications or additions are installed
and maintained without public expense. Multiple vid-
eo/audio feeds may be permitted but must be provided
by a video/audio distribution system, furnished by the
media, located outside the courtroom.

IX A. No more than one still photographer, us-
ing not more than two still cameras with not more
than two lenses for each camera without flash or other
artificial light, shall be permitted to be physically in
the courtroom, Still eameras must not produce dis-
tracting sound and should produce no greater sound
than the Leica M Series Rangefinder camera. Motor-
ized film advance systems will not be permitted.

B. The photographer shall be positioned in a place
designated by the presiding judge and remain in that
area except when the proceeding is in recess. Chang-
ing of lenses or film will only be done during a recess.

X. Only one andio system for radio broadcast pur-
poses will be permitted in the courtroom. Audio
pickup should be made from existing audio systems in
‘the courtroom whenever possible. If no technically
suitable audio system exists in the courtroom, micro-
phones and related wiring shall be permitted but must
be unobtrusive and located in places designated in
advance by the presiding judge. Multiple radio feeds
rather than a pooling system may be permitted but
must be provided by an audio distribution system,
provided by the media, located outside the courtroom.

XI. When extended media coverage is authorized,
individual journalists may bring tape recorders into
‘the courtroom and use them to record proceedings so
Jong as they do not cause any distraction. Journalists
using tape recorders may sit at any place in the
audience portion of the courtroom, but must keep
their tape recorder on their person at all times.
Changing of tape cassettes during proceedings is not
permitted and should only be done during a recess.

XIE All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed after
the proceedings are over or during a recess. Televi-

108

sion camera persons and still photographers must
‘remain in their designated area and are not permitted
to move about the courtroom. Television cameras and
radio broadcast equipment, once in position, may not
be moved during the proceedings. Movement by
television and still photographers should be held to a
minimum and in no way should be distracting or eall
undue attention to the operators.

XIIL. Camera and audio equipment, authorized by
these guidelines shall not be operated during a recess
in a court proceeding. Extended coverage in the
judicial area of z courthouse or other court facility is
limited to proceedings in the courtroom in the pres-
‘ence of the presiding judge.

XIV. The dignity and decorum of the court must
be maintained at all times during extended media
coverage activities. Court customs, including appro-
priate dress, must be followed.

XY. The confidentiality of the attorney/client rela-
tionship must be protected. Therefore, there will be
no audio recording, radio, television, or tape-record-
ing, made or broadcast of any conference between
atfarneys and their clients, between co-counsel of a
client, between counsel and the presiding judge when
held at the bench, or of proceedings held in chambers,
No parabolic microphones shall be used.

Adopted April 23, 1985; amended and effective June 3, 1998,

CANON 4
A Judge May Engage in Activities to Improve
the Law, the Legal System, and the
Administration of Justice

judge, subject to the proper performance of judi
cial duties, may engage in the following quasi-judicial
activities, if in doing so the judge does not cast doubt,
on his or her capacity to decide impartially any issue
that may come before the judge:

‘A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or offical, but only on
matters concerning the administration of justice.

C. A judge may serve as a 1igimber, 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 the
public and private fund-granting agencies on projects

Aj
ial

DEF00086


5251

West’s
LOUISIANA
RULES OF COURT
1985

STATE and FEDERAL

With Amendments Received to
November 29, 1984

D>
| WEST PUBLISHING COMPANY

‘The above symbol, WEST and WEST'S are registered trademarks of West Publishing Co,
Registered in U.S. Patent and Trademark office

ST. PAUL, MINN.
WEST PUBLISHING CO.

DEF00001
PORT Exhibit 1001 (a)



5362

ARTICLES OF INCORPORATION

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term”of two years;

(©) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(a) The District Judges Association shall select one
member to serve on the Committee for two years;

(e) The Chairperson of the Conference of Court of
Appeal Judges, the President, of the District Judges
‘Association, the President of the City Judges Associa-
lion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,

be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. The Committee shall make its own rules
and select members to serve in such other offices as it
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct. 31, 1975, effective Jan. 1, 1976; amended and

effective June 3, 1993; amended July 3, 1996, effective July
8, 1996.

ARTICLES OF INCORPORATION
OF THE
LOUISIANA STATE BAR ASSOCIATION

Including Amendments Received Through May 1, 1998

Use WESTLAW to find cases citing a rule. WESTLAW may olso be used
to search for specific terms or to update a rule; see the LA-RULES
and LA-ORDERS Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter 2d and Louisiana Cases advance sheets.

ARTICLE I. NAME

Section
1, Name.

ARTICLE II. DOMICILE, PRINCIPAL OFFICE
AND SERVICE OF PROCESS

1. Domicile and Principal Office.
2. Service of Process

ARTICLE Ill. OBJECTS, PURPOSES,
DURATION AND POWERS

1, Objects and Purposes.
2 Duration, Powers, Ete.

ARTICLE IV. MEMBERSHIP

1, Active Members.
2 Faculty Members.
3. Inactive Members.
4. Authority to Practice Law Restricted.

ARTICLE V. REGISTRATION AND DUES

1. Registration
2 Duos.
3. Payment of Dues.

4. Suspension for Non-payment of Dues.
5. Reinstatement of Inactive Members
6 Fiseal Year.

751

Section

ARTICLE VI. OFFICERS

or
‘Vacancies.

Nomninating Committee.

Daties of Nominating Committee and Nominations by

Petition,

Election by Secret Mail Ballot.
Voting.

‘Counting the Ballots.
Election Contests.

ARTICLE VIL BOARD OF GOVERNORS
Administration—Composition of Board—Eligibilty.
Method of Election,

Election and Distribution of Ballots.

Voting.

‘Terms.

‘Vacancies on Board.

Meetings of the Board.

Service Without Compensation.

Assistant Secretary-Treasurer.

ARTICLE VII], HOUSE OF DELEGATES
Powers and Functions.

Compasition—Terms.

Election.

Meetings.

Po oe TT

DEF00112


5436

RULES OF PROFESSIONAL CONDUCT

1 oepploying ‘one or more members of the bar
of
(i) being employed by one or more members of
the bar of this State or by any partnership or
profesional law corporation which ineiudes metn-
bers of the bar of this State or which maintains
‘an office in this State; and
(iil) being a partner in any partnership, share-
holder in any professional law corporation, or
member of a limited liability company which in-
cludes members of the bar of this State or which
maintains an office in this State; and
(b) attorney-client privilege, work-product priv-
lege and similar professional privileges.

B, Notwithstanding paragraph A(l) of this subsec-
tion, a person licensed as a legal consultant is not
required to comply with the minimum requirements of
continuing legal education as mandated by Rule 1.1(b)
of Article XVI of these Articles of Incorporation.

8 Revocation of License.

In the event the Supreme Court determines that a
person licensed as a legal consultant no longer meets
the requirements for licensure, it shall revoke the
license granted to such person.

Adopted May 9, 1996, effective July 1, 1996.

Historical Notes

Apron $11 of Asti 1 of the Artin of Inarporton of the
avuisana State Bar Assocation was deleted.

ARTICLE XY. DISCIPLINE AND
DISBARMENT OF MEMBERS
(REPEALED]

$$ 1to 16. Vacated and repealed effective April 1,
1990

Publisher's Note: See now Supreme
Court Rule XIX.

ARTICLE XVI. RULES OF PROFESSIONAL CONDUCT

Reenacted January 20, 2004, effective March 1, 2004
Including Amendments Received Through May 1, 2006

Rule
10. Terminology.

CLIENT-LAWYER RELATIONSHIP

LL. Competence.
12, Scope of Representation and Allocation of Authority
Between Client and Lawyer.
Diligence.
Somerton
Fees,
Confidentiality of Information,
Conflict of Interest: Current Clients.
Gonflict of Interest: Current Clients: Specific Rules,
Duties to Former Clients.
10, Imputation of Confliets of Interest: General Rule.
. Special Conflicts of Interest for Former and Current
Government Officers and Employees.
Former Judge, Arbitrator, Mediator or Other Third-
Party Neutral.
118, Organization as Client.

116. Dediining oe Teminng Representation,
1.48. Duties to Prospective Client.

COUNSELOR
Advisor.
22. (Deleted).

23. Evaluation for Use by Third Persons.
24. Lawyer Serving as Third-Party Neutral.

ADVOCATE

31. Meritorious Claims and Contentions.
82. Expediting Litigation.

Rule
ADVOCATE—Cont'd

andor Toward the Tribunal.
Fairness to Opposing Party and Counsel.
Impartiality and Decorum of the Tribunal.
‘Trial Publicity.

iilities of a Prosecutor.
Advocate in Nonadjudicative Proceedings.

‘TRANSACTIONS WITH PERSONS
‘OTHER THAN CLIENTS

41, Truthfulness in Statements to Others.

42 Communication with Person Represented by Counsel
43. Dealing with Unrepresented Person.

44. Respect for Rights of Third Persons.

LAW FIRMS AND ASSOCIATIONS

5.1. Responses of Partner, Managers, and Supers.
sory Ls

52. Responsibilities of a Subordinate Lawyer.

53, Reeponaiites Regarding Nonlawyer Assistants

54. Professional Independence of a Lawyer.

55. Unauthorized Practice of Law; Multijurisdietional
Practice of Law.

5.6, Restrictions on Right to Practice.

PUBLIC SERVICE

61. Voluntary Pro Bono Publieo Service.

62, Accepting Appointments

63. Membership in Legal Services Organization.

84. Law Reform Actinties Affecting Cent Interests,

DEF00186


5385

Canon 3 App.

CODE OF JUDICIAL CONDUCT

extended coverage is to be provided by mare than one media
representative, the media cllecively should designste one repre
Sentatve 19 coordinate with the cour all matters dealing with
fxtonded coverage. Any pooling arrangemen’s among the media
required by the limitations and restrctions on equlpment. and
‘etnonnel coniained in these guidlines shal be the ole responsi
Elly of the media and mst be made in advanee of the court
proceeding to be covered. Judges and court personnel wil nat
‘mediate any clapate as to the appropriate media representative ar
fquipment authorized to cover a particular proceeding. If pocing
‘arrangements cannot be aude or if there are uavescived media
diaputes, the presiding judge may deny extended coverage of
proceedings

‘VILL. A. No more than two portable television cameras, each of
sted by no more then one camera person ar ed a unob-
izmir pole ene sopra by he cor, al be
permitted to lyin the courtroom. Only televion ea
Inest whih docs tor produce light cr eutracing sound wal be
permitted. Videotape recording equipment which isnot a compo-
Tent prt oa ties camera thal, whenever poate, be lead
fn an area outside the courtroom.

B._No artificial lighting device of any kind shall be employed in
‘connection with the television camera. With the approval of the
court, moaitons ad aon to exiting courtroom iting
‘may be made provided such modifications or additions
the mata wiboat pale expense" Mie weaned fests
ray be permitted but must be provided by a video/audio dstibu-
‘ion ayatem, furnished by the media, located ouside the courtroom.

OA, No more sha one el photographer, wing not mare than
‘eo till camerns| ‘more than two lenses for each camera
‘Shout fac or eter ace gh sal be perited tbe

physically in the courtroam. Still exmeras must not produce dis-
{Eating Sound and shoald produce no greater sound than he Leia
1M Series der carers, Motorized film advance systems

il pot be persed

3B. The photographer shal be postoced na place designated by the
pranding judg and rena ya rea expe vente proce
figs i recsa Changing of lense or ftn wil only e done
Gains vee

X Only one autlo stem for radio beadas purposes wil be
‘permited in te coutoom, "Auto chap stcld be made fmm
‘Sting aso aytene inthe courzotm whenever posible If po
fechicly eutable nado syst exits i oe arom, mero
Bowes ead relied wing bal e peste bt man be nates
Ee and ented in pct designed i acvance bythe preating
ge,” Maltipl redo feeds rater than a pooling aytern may be
permite bat min be promded ty un ao datbouon yam,
Prove by the medi meet use the court.

XL._When etended meia coverage authorized dvi osrnal-
‘ats may bring tape rtorder no the ceuroa and eden to
Teron provelings so lng aa thy donot enme any taco,
Tourn ng tape atrter nay st stony yc In the
isttece porsot of the curr ut‘ ep el tape
Tecoder onthe paren ata met. Changing of tape sass
Saring proeeing nt peed and shel oly be one Going

XIL._ All camera and audio equipment mast be in postion atleast 15
tinue before thes ofthe proceedings and can oly be moved
or removed efter the ing 8
Telvon camera persia and al piotopanert mont reqai
their designated area and are not permitted to move about the
courtroom. Television cameras and radio broadcast equipment,
once in postion, may not be moved during the proceedings, Mave”
ment by television and eUll photographers should be held to a
minimum and inno way should be distracting or call undue
tention to the operators.

XITL. Camera and audio equipment authorized by these guidelines
shall not be operated duving a recess in a court proceeding
Extended coverage in the judicial area of a courthouse or other
court facility is limited to proceedings In the courtroom in the
[resenee ofthe presiding jug.

898

XIV, The dignity and decorum ofthe court must be maltaned at,
all tines daring extended media overage actives Cour cur
toms, inating appropriate dress, mut be followed

XV. Tho confidentiality of the atlorey/ent relationship mu

protated. Therefore, there wi be n0 Sg tad
{vison o tapes

ra 1B held in chambers. No parabolic microphones shall
Added Apri 28, 1965, Amended and effective June 3, 1998,
‘CANON 4
Quasi-Sudicial Activities

A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

A judge, subject to the proper performance of ju
cial duties, may engage in the following quasi-judicial
activities, if in doing 0 the judge does not impair,
limit or restrict his or her eapacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may spesk, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice,

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice,

C. 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 shall
not personally solicit funds for such an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
Amended and effective June 3, 1993; amended July 3, 1996,
effective Suy 8, 1996,

CANON 5
Extra-Judicial Activities
A Judge Shall Regulate Extra-Judicial Activities to
Minimize
the Risk of Conflict With Judicial Duties
‘A. Avocational Activities. A judge may write,
lecture, teach, and speak on nondegal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.
B. Civic and Charitable Activities. A judge may
participate in civic and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge

DEF00135


5

CODE OF JUDICIAL CONDUCT

413

Canon 5

extended coverage is to be provided by more than one media
representative, the meds collectively slould designate one ropre-
coordinate with the court ll matters deling with
sragenents song the radia

XIV. The dignity and decorum of the court must be maintained at
1 times daving extended mia coverage actives. Court cus.
‘tom, including appropriate dress, must be

XV. The confidentiality of the stlmey/lient relationship must be

arrangement. can
disputes, the presiding judge may deny extended coverage of
proceedings.

‘IIL. A. No more than two portable television eames, each

permtie.”ViserapeFecoring epi
ont pat of levis ear hal whenever pr, be ened
anes ote the oatoom,

1 No ala hing dev fey ad be eran
connotion with the tavien cares. With the approval of
Sour, modfeane end addons to exing coutoor hse

ae instal
nd untaie wiboat poe expense” Mali vides eed
iy be pr tone va bya wei i
tion sytem, furished by te medi, locate ovtaide the courtroom,

1A. No more thay oe il photograph, wing not moe than
‘ho stl cameras wih ao for each camera
Without ah or ter ard gh tal be prado be
‘hysealy inthe courtroom St eameras must not produce dx
{racing sound and should produce no greater sound than the Leica
M Series Kangvfinder camera. Motoried fm advance systems
‘il nt be permitted

1B. The photographer stall be positioned ina pace designated by the

ing judge and remain in that area except when the proceed-
ih tects Changing of lenges oF tn wil oly be done
ding a veces

X. Only one audio system for radio broadcast purposes will be
‘permitted in the eonrtracm, Audio pickup should be made from
xsting audio systems in the courtroom whenever possible. If a0
techmeally suitable andle system eusts in the courtroom, miro
ones and related wang abel be pemited but must be ened
sive and Joceted in places designated in advance by the presiding
Judge. Multiple mado feeds rather than pooling system may be
permitted but mast be provided by sn audio distribution system,
provided by the medig, located ovtsite the courtroem.

XL _ When extended media coverage is authorized, individual ourna-
{sts may bring tape recorders ino the courtroom and ure them to
record proceedings so long as they do not cause any distraction,
Sournelets using tape recorders may sit at any place in the
Bodieoce portion of the courtronm, but must keep their tape
recorder on thelr person at al Uines. Changing of tape enssetlos
during proceedings isnot permitted and should only be done during

XIL._ A camera and audio equipment must be in position at Teast 15,
minutes before the stat of the proceedings and ean only be moved
tr removed after the proceedings are over or during a recess
Television eamera persons and stil photographers must remain in
their deegnated area and are not permitted to move about the
coatrom,‘Teetan camer and aio bone eman,
‘nce in position, may not be moved during the proceedings. ‘Movs
trent by television ard sil pholopapiers chuld be bald to's
rrinimum and inno way should be distracting or call undue
sttetion tothe operator.

Camera and audio equipinent authorized by these guidelines

‘shall pot be operated during recess in a court proceeding,

Extended coverage in the judicial area of a courthouse or other

court facty % bmited to proceedings in the courtroom in the

pretence ofthe presiding judge.

und protected. The there wil be no audio i, radio,
Sevsion, or rade or broadcast of any conference
Tetmoen aareye and thet cent, ot eet,

residing Jadge when held atthe bench, or
of proceedings held in chambers. No parabolic mierophones shall
betused

Added April 23,1985. Amended and effective June , 1993.

CANON 4
Quasi-Judicial Activities

A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

‘A judge, subject to the proper performance of judi-
cial duties, may engage in the following quasi-judicial
activities, if in doing so the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters:
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
ratters concerning the administration of justice.

©. 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 shall
‘not personally solicit funds for such an organization or
agency, or allow bis or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

CANON 5
Extra-Judicial Activities
A Judge Shall Regulate Extra-Sudicial Activities to
Minimize
the Risk of Conflict With Judicial Duties

‘A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if such avoeational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

B. Civic and Charitable Activities. A judge may
participate in civie and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge

961

DEF00163


5254

CODE OF JUDICIAL CONDUCT

- trustee, or non-legal advisor of an educa-
ait religious, charitable, fraternal, or civic organ-
fotjon not conducted for the economic or political
Tavantage of its members, subject to the following
limitations: eon

(Q) A judge should not serve if it is likely that the
organization will be engaged in proceedings that
(vould ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

(@) A judge should not solicit funds for any educa-
tional, religious, charitable, fraternal, or civil organ-
ization, or use or permit the use of the prestige of
his office for that purpose, but he may be listed as
an officer, director, or trustee of such an organiza-
tion. He should not be a fund raising speaker or
the guest of honor at an organization's fund raising
events, but he may attend such events.

C. Financial Activities

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perform-
ance of his judicial duties, exploit his judicial posi-
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
‘on which he serves.

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
real estate, and engage in other remunerative activi-
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu-
tion, homestead or savings and loan association,
insurance company, public utility, and other busi:
nesses affected with a public interest.

(3) A judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he can
do so without serious financial detriment, he should
divest himself of investments and other financial
interests that might require frequent recusation.

(4) A judge or a member of his family residing in
his household should not accept any giles or favors
which might reasonably appear as designed to af-
fect his judgment or influence his official conduct.

(5) Information acquired by a judge in his judicial
capacity should not be used or disclosed by him in
financial dealings or for any other purpose not
related to his judicial duties.

D. Arbitration

soft NdBe should not act as an arbitrator or media:
r.

E. Extra-judicial Appointments

A judge should not accept appointment to a gov-
ernmental committee, commission, or other 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

49

Canon 7

judge, however, may represent his country, state, or
locality on ceremonial occasions or in connection
with historical, educational, and cultural activities.

CANON 6

A Judge Should Accept Compensation for
Quasi-Judicial and Extra-Judicial Activi-
ties Only under Restricted Circumstanc-
es

A judge may receive compensation and reimburse-
ment of expenses for the quasi-judicial and extraju-
icial activities permitted by this Code, if the source
of such payments does not give the appearance of
influencing the judge in his judicial duties or other-
wise give the appearance of impropriety, subject to
the following restrictions:
A. Compensation

Compensation should not exceed a reasonable
amount nor should it exceed what a person who is
not a judge would receive for the same activity.
B. Expense Reimbursement

Expense reimbursement should be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
oceasion, by his spouse. Any payment in excess of
such an amount is compensation.

CANON 7

A Judge Should Refrain from Political Ac-
tivity Inappropriate to His Judicial Office
‘A. Political Conduct in General
(1) A judge or a candidate for election to judicial
office should 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 or
make a contribution to a political organization or
candidate, attend political gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection A(2);
(2) A judge holding an office filled by public

election between competing candidates, or a candi-
date for such office, may, only insofar as permitted
by law, attend political gatherings, speak to such
gatherings on his own behalf when he is a candidate
for election or reelection, identify himself as a
member of a political party, and contribute to a
political party or organization.

DEF00004


Art. 16, Rule 18

5445

STATE BAR ASSOCIATION.

at the lawyer's actual, invoiced costs for
these expenses.

With client consent and where the law-
yer’s fee is based upon an hourly rate, a
yeasonable charge for paralegal services
may be chargeable to the client. In all
other instances, paralegal services shall
be considered an overhead cost of the
lawyer.

(4) In addition to costs of court and
expenses of litigation, a lawyer may pro-
vide financial assistance to a client who is
in necessitous circumstances, subject
however to the following restrictions.

(@ Upon reasonable inquiry, the law-
yer must determine that the client's
necessitous circumstances, without
‘minimal financial assistance, would ad-
versely affect the client's ability to ini-
tiate and/or maintain the cause for
which the lawyer's services were en-
gaged.

(i) The advance or loan guarantee,
or the offer thereof, shall not be used
as an inducement by the lawyer, or
anyone acting on the lawyer's behalf,
to secure employment.

(ii) Neither the lawyer nor anyone
acting on the lawyer's behalf may offer
to make advances or loan guarantees
prior to being hired by a client, and the
lawyer shall not publicize nor advertise
a willingness to make advances or loan
guarantees to clients.

(iv) Financial assistance under this
rule may provide but shall not exceed
that minimum sum necessary to meet
the client’s, the client's spouse's, and/or
dependents’ documented obligations
for food, shelter, utilities, insurance,
nom-ltigation related medical care and
treatment, transportation expenses, ed-
ueation, or other documented expenses
necessary for subsistence.

(6) Any financial assistance provided
by a lawyer to a client, whether for court
costs, expenses of litigation, or for neces-
sitous circumstances, shall be subject to
the following additional restrictions.

@) Any financial assistance provided
directly from the funds of the lawyer to
client shall not bear interest, fees or
charges of any nature.

(i) Financial assistance provided by
a lawyer to a client may be inade using
a lawyer's line of credit or loans ob-
tained from financial institutions in
which the lawyer has no ownership,

278

control and/or security interest; pro-
vided, however, that this prohibition
shall not apply to any federally insured
bank, savings and loan association, sav-
ings bank, or credit union where the
lawyer's ownership, control and/or se-
curity interest is less than 15%.
‘Where the lawyer uses such loans to
provide financial assistance to a client,
the lawyer should make reasonable,
good faith efforts to procure a favor
able interest rate for the client.

(ii) Where the lawyer uses a line of
credit or loans obtained from financial
institutions to provide financial assis-
tance to a client, the lawyer shall not
pass on to the client interest charges,
including any fees or other charges
attendant to such loans, in an amount
exceeding the actual charge by the
third party lender, or ten percentage
points above the bank prime loan rate
of interest as reported by the Federal
Reserve Board on January 15" of each
year in which the loan is outstanding,
whichever is less.

(iv) A lawyer providing a guarantee
or security on a loan made in favor of a
client may do s0 only to the extent that
the interest charges, including any fees
or other charges attendant to such a
Joan, do not exceed ten percentage
points (10%) above the bank prime loan
rate of interest as reported by the
Federal Reserve Board on January
15" of each year in which the loan is
outstanding. Interest together with
other charges attendant to such loans
which exceeds this maximum may not «
be the subject of the lawyer's guaran-
tee or security.

(v) The lawyer shall procure the
client’s written consent to the terms
and conditions under which such finan-
cial assistance is made, Nothing in
this rule shall require client consent in
‘those matters in which a court has
certified a class under applicable state
or federal law; provided, however, that
the court must have accepted and exer-
cised responsibility for making the de-
termination that interest and fees are
owed, and that the amount of interest
and fees chargeable to the client is fair
and reasonable considering the facts
and cireumstances presented.

(vi) In every instance where the
client has been provided financial assis-
tance by the lawyer, the full text of this
rule shall be provided to the client at

DEFO0195


5465

Canon 6

CODE OF JUDICIAL CONDUCT

(Gv) The amount of income or value of anything
of economic value to be derived or, if the actual
amount is unknown at the time the statement is
due, the amount reasonably to be de-
rived by the judge from the contract or subeon-

tract.
Any judge who is subject to the provisions of this
subpart shall be required to file annual disclosure
statements until a disclosure statement is filed after
the completion of the contract or subcontract subject
to disclosure, or until the judge vacates his/her judicial
office, whichever occurs firs. Annual disclosure
statements shall not be required for the receipt of
things of economic value pursuant to contracts or
subcontracts entered into prior to the judge taking
office; however, if a judge receives or reasonabl
expects to receive a thing of economic value otherwise
required to be disclosed by this subpart pursuant to
the renewal of such a contract or subcontract occur-
ring after the judge takes office, the judge shall file a
disclosure statement no later than 15 days after such
renewal.

(2) Gifts, Loans, Bequests, Benefits, Favors or

Other Things of Value.

(a) When public reporting is required by Can-
on GB(4, a judge shall publ report annvaly al
gifts, loans, bequests, benefits, favors or other
things of value accepted by the judge when the
value of such items, alone or in the aggregate
with other items received from the same source in
the same calendar year, exceeds $250.

(b) The judge's report shall be filed in the
Office of the Judicial Administrator of the Su-
preme Court of Louisiana on or before May 15!
of each year, for the preceding calendar year, and
the report shall be subject to public inspection.
In the report the judge shall list the name of the
payordonor, the dat, the place and the deserip
tion of any gift, loan, bequest, benefit, favor or
other thing of value accepted.

Amended and effective June 3, 1993; amended July 3, 1996,
gece July 8, 1996; amended Nov. 11, 1996, effective July

8, 1998; amended Dee. 6, 2005, effective Jan. 1, 2006; amend-
ed Jan. 10, 2006, effective Feb. 1, 2006; amended March 26,
2008, effective Jan. 1, 2008.

Historical Notes
Sarat Reston No, 6 of the 208 First Extraordinary Sesion

provi
“WHEREAS, Article V of the Louisiana Constitution of 1974 sete
forth the powers and duties of the jdicia! branch of government; and
“WHEREAS, in such Article the state supreme court i vested with
general supervisory jussdiction over all 5;
“WHEREAS, the supreme court is furthar vosted with exclusive
covfginaljutadiction in judicial disciplinary proceedings; and
“WHEREAS, the judiciary commission i created to provide recom
mendations tothe supreme court concerning discipline of judges;
“WHEREAS, the supreme cout, pursuant to its superviso
oy oral over cor has ant the ose of dic

CTSMHENEAS, such Cafe of Joa Cot is binding on all
Judges, and violations of its canons can serve as the basis for
‘dscplinary action; and

“WHEREAS, the supreme court has stated that the primary
rpc of the Code of Judicial Conduct a protect he public rather

914

than to dlscipline judges Cn re Sheo, B15 Sod 818, 815 (La. 2002),
and that the duty of Ue eupreme eourt pursuant tots constitutional
responsiblity isto preserve the intugrity ofthe beach for the benefit
ofthe public by eneuring that all who don the black robe and erve as
‘ministers of justice de net engage in public conduct which brings the
Jali ints crepate’ fare Huckaby, 656 Sod 22, 208 La.
5) and
"WHEREAS, judges are net presenti inde within the seat
‘einen of te Cas of Goreamenial Eis and La RS.

by the

Sicary Cemprsson provide fre Atl ¥, Sectien 25 ofthe
‘Constitution of Louisiana's and

“WHEREAS, Cancn 6 of the Code of Judicial Conduet requires
Judges to fle with the supreme court nual reports and
“ieeloeure statements concerning compensation and expenses received
fn connection with any quasi-judicial activity; and

“WHEREAS, Canon 7 of the Code of Judicial Conduct provides
generally hata Judge or judicial candidate shall refrain from inappro-

Driate political activity, and further sets forth certain duties and
probin ‘for judges as to politiesl conduct snd activity, campaign
andbct, campaign committees, and retention of campaign contribu-
tions; and

“WHEREAS, it would. greatly benefit the public interest for the
Code of Jodicial Conduct to include financial disclosure standards and
requirements for judges that are consistent with requirements for
other elected officials set forth in the Code of Governmental Ethies;

nd

“WHEREAS, such consistency would strengthen the Code of Judi-
cial Conduct and result tn significant requirements to ensure the
protection of the publie and integrity of the judiciary in Louisiana

“THEREFORE, BE IT RESOLVED that the Senate ofthe Legis-
lature of Louisiana does hereby urge and request the Louisiana
Supreme Court to adopt the same financial disclosure standards for
judges that are applicable to other ected ofBcials in the Code of
Governmental Ethics.

CANON 7
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity
A. Political Conduct in General.
(2) A judge or judicial candidate shall not:

(a) act as a leader or hold any office in a political
organization;

(b) publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of a political organi-
zation ot a candidate for public office;

(@ except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
contribution to a’political organization or candi-
date or purchase tickets for politieal party dinners
or other campaign functions.

B. Campaign Conduet.
(2) A judge or judicial candidater

(2) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
impartiality, integrity and independence of the judi-
ciary, and should encourage the 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 should

DEF00215


5363

LOUISIANA
RULES OF CoURT

STATE

1999

INCLUDING AMENDMENTS RECEIVED
THROUGH May 1, 1999

7 N
Up WEST cRour
- DEF00113
PORT Exhibit 1001 (0)


5284

CODE OF JUDICIAL CONDUCT

funetions, including an officer such as a judge ad
hos, referee, special master, court commissioner, or
magistrate, and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All
Judges should comply with this Code except as
provided below.

A. Part-time Judge. A parttime judge is @
judge 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.

A parttime judge:

(1) is not required to comply with Canon 5C(2),
5D, and 5E;

(2) should not practice law in the court on which
he serves or in any court subject to the appellate
Jurisdiction of the court on which he serves, or act
as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-

B. Judge Pro Tempore. A judge pro tempore
is a person who is appointed to act temporarily as a
judge.

(1) While acting as such, a judge pro tempore is
not required to comply with Canon SC), 5C(3), 5D,
and SE.

(2) A person who has been a judge pro tempore
should not aet as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto,

C. Retired Judge. A retired judge is not gov-
exned by the provisions of this Code, except when
he is sitting by assignment and then he shall be
subject to the rules applicable to a judge pro tem-
pore.

‘Amended Oct, 29, 1982.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judiciary
related to the interpretation of these canons, the
Supreme Court Committee on Judicial Ethies is
hereby created. The function of this Committee
shall be limited to the issuance of advisory opinions

56

on its own motion or in response to inquiries tron’
any judge insofar as these canons may affect him.

‘The Committee shall consist of nine members, ag
follows:

(a) The Chief Justice and one other member of
the Supreme Court;

(b) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal

ridge;

(e) The President of the District Judges Associa.
tion and one other District Judge;

(d) The President of the City Judges Association,

(e) The Judicial Administrator; and

(f) The President of the Louisiana State Bar As
sociation.

The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during
his term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years,

(c) The Conference of Court of Appeal Judges
shall select one member to serve on the Committe:
for two years;

(a) The District Judges Association shall select
one member to serve on the Committee for two
years;

(e) The Chairman of the Conference of Court of
Appeal Judges, the President of the District Judges
‘Association, the President of the City Judges Asso
ciation, the Judicial Administrator, and the Presi
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office,

The Judicial Administrator shall be Secretary of
the Committee. ‘The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires,
Amended Oct. 81, 1975, effective Jan, 1, 1976,

DEF00034


Canon 7

5467

CODE OF JUDICIAL CONDUCT

state constitutional convention, if the judge is other-
wise permitted by law to do so.
‘Amended June 28, 1883; amended and effective June 3, 1908;
tmended July 3, 1996, effective July 8, 1996; amended and
effective Joly 3, 1997; amended March 13, 2002, effective
“April 15,2002; simended Jan. 13,2005, effective Feb, 1, 2005.

Court Commentary Regarding 2002
‘Amendment to Canon 7

e 2002 amendment to Canon TBQXA) of the
code of Duda Canfuct, concern pale on
rents abou pending or inpending
not intended. to to ‘ineoort “comments by
lwyer eandidaten or comments regarding a case oF
proceeding that the lawyer candidate is participat-
ing in. Comments by a lawyer candids
rman at he ep pea pet,

or a proceeding in which an associate of

Lieyer candle is Bartling in are ve gored
by Rale 26 ofthe Lauisian

COMPLIANCE WITH THE CODE
F JUDICIAL CONDUCT

ected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
dng Judeal fmetions,inluding an officer ouch a8 2
indge ad hoo judge pro tempore, referee, special
master, court commissioner, judicially appointed
ing ofc or magistrate, and anyone whe i justice

he pease is judge forthe purpose ofthis Code
‘An jude hal copy with is

A. Part-Time Judge. A parttime judge is a
judge 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.

A part-time judge:

(1) is exempt from Canons 5C(2), 6D, and 5;

2) shall not practice law in the court on which he
‘or she serves or in any court subject to the appellate
Jurisdiction of the court on which he or she serves, or
‘act as a lawyer in a proceeding in which he or she has
served a a Judge oF In any other proceeding related

eto.

B. Pro Tempore and Ad Hoc Judges. A judge
pro ‘tempore is a person who is appointed to act
temporarily a5 a judge. A judge ad hoe is @ person
‘who is appointed to act with regard to a specific case
or eases.

(1) While acting as such, a judge pro tempore or ad
hoe is not required to comply with Canons 5C@2),
‘5CQ@), BD, and SE.

@) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto,

C. Retired Judge. A retired judge is not gov-
ered by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

«iby, dudlially Appointed Hearing Officers, Jud
cially sppetnted hearing offeers are required to com

By wth all canon of the Code except Cano SC,
an

Arendod Oc 2,156; amended an efleive Jue 8, 19
amended July 3, 1996, effective July 8, 1996,

COMMITTEE ON JUDICIAL ETHICS

‘To the end that these canons may be properly
interpreted, and in order to provide a forum to receive

‘nguiries from members of the judiiary related to the
interpretation of these canons, the
Comittee on Judicial Ethics is hereby created. “The
function of the Commibior chal be hinted to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
ceanons may affect the judge.

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
‘Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

Co) The President f the District Judges Assoea-
tion and two other District Judges;

(@) The President of the City Judges Association;

(©) One juvenile or family eourt judge;

(® The Judicial Administrator; and

{g) "The President ofthe Louisiana State Bar Asso-
ciation.

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court, shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

o) The Supreme Court, shall ey one leit
court judge and one juvenile or court ju
‘who shall Serve for terms of two y

(@) The Conference of Court of Appeal Jes shall
select one member to serve on the Committee for two
years,

(e) The District Judges Association shal select one
metmber to serve on the Committee for two years;

(f) The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Associa
tion, the Judicial Administrator, and the President of

‘Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. ‘The Committee shall make its own rules
and select. members to serve in such other offices as it
creates.

‘The Committee shall act upon all inguiries as
promptly as the nature of the case requires.

‘Amended Oct. 31, 1975, effective Jan. 1, 1876; amended and
afecve June 8,296; amended ly 8 106, elective July

grg® 198: amended May 28, 1988, effective July 1,

DEF00217


5343

LA ST CJC Canon 3 Page 4
Code of Jud.Conduct, Canon 3, 8 LSA-RS.

(1) A judge shall diligently discharge the judge's administrative responsibilities
without bias or prejudice and maintain professional competence in judicial admini-
stration, and should cooperate with other judges and court officials in the admini-
stration 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 should take or initiate appropriate disciplinary measures against a
judge or lawyer for unprofessional conduct of which the judge may become aware.
Acts of a judge in the discharge of disciplinary responsibilities, as set forth
above, are part of the judge's judicial duties and shall be absolutely privileged,
and no civil action predicated thereon may be instituted against the judge.

(4) A judge shall not make unnecessary appointments. A judge should exercise the
power of appointment impartially and on the basis of merit. A judge should avoid
appointments which tend to create the appearance of impropriety. A judge shall not
approve the compensation of appointees beyond the fair value of services rendered.
A judge shall avoid nepotism. No spouse or member of the immediate family of a
judge shall be employed in the court to which that judge was elected. "Immediate
family" means a judge's children, parents, brothers and sisters; the children and
parents of a judge's spouse; the spouses of a judge's children; and all step re-
Lationships to the same degree.

The provisions of this Subsection shall not prohibit the continued employment of
any employee of a court employed by such court on or before December 31, 1990; nor
shall such provisions be construed to hinder, alter, or in any way affect promo-
tional advancements for any such employee. The provisions of this Subsection per~
taining to nepotism shall not apply to mayors or justices of the peace.

C. Recusation. A judge should disqualify himself or herself in a proceeding in
which the judge's impartiality might reasonably be questioned and shall disquality
himself or herself in a proceeding in which disqualification is required by law or
applicable Supreme Court rule, In all other instances, a judge should not recuse
himself or herself.

© 2019 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00093


5453

CODE OF JUDICIAL CONDUCT

Canon 7

(2) The judge’s report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 31st of each year, for
the preceding ealendar year, and the report shall be
subject to public inspection. "In the report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasijudicial activity.

(8) A judge shall file initial and annual disclosure
statements with the Office of the Judicial Administra-
tor of the Supreme Court of Louisiana if the judge
derives directly, or through a legal entity of which
he/she owns ten percent or more, anything of econom-
ie value, when that value exceeds $2,500, from a
contract or subeontract which is related to a disaster
or emergency declared by the governor, and when the
Judge knows or reasonably should know the contract
or subcontract is or may be funded or reimbursed in
whole or in part with federal funds.

Initial disclosure statements shall be due on or
before March 1, 2006, or within 15 days after the
Judge or legal entity enters into such a contract or
‘Subcontract, whichever occurs later. Thereafter, an-
nual disclosure statements are due on or before Janu-
ary 31%. Disclosure statements shall be subject to
public inspection.

Disclosure statements shall contain the following
informati

(a) The name, business address and office held by
the judge:

(b) If through a legal entity,

® the name and business address of the legal
entity;

(i) the percentage of the judge's ownership
interest in the legal entity;

(iii) the position, if any, held by the judge in
the legal entity;

(©) The nature of the contract or subcontract,
including:

() the amount of the contract or subcontract;

(i) a description of the goods or services pro-
vided or to be provided pursuant to the contract,
or subcontract;

@ The amount of income or value of anything of
economie value to be derived or, if the actual
amount is unknown at the time the statement is
due, the amount reasonably expected to be derived
by ‘the judge from the contract or subcontract,
Any judge who is subject to the provisions of this

subpart shall be required to file annual disclosure
statements until a disclosure statement is filed after
the completion of the contract or subcontract subject
to disclosure, or until the judge vacates his/her judicial
office, whichever occurs first. Annual disclosure
statements shall not be required for the receipt of
things of economic value pursuant to contracts or
subeontraets entered into prior to the judge taking
office; however, if a judge receives or reasonably

expects to receive a thing of economic value otherwise
‘required to be disclosed by this subpart pursuant to
the renewal of such a contract or subcontract. occur-
ring after the judge takes office, the judge shall file a
disclosure statement no later than 16 days after such
renewal.

Amended and effective June 8, 1998; amended July 8, 1996,
effective July 8, 1996; amended Nov. 11, 1996, effective July
8, 1996; amended Dee. 6, 2005, effective Jan. 1, 2006; amend-
ed Jan, 10, 2006, effective Feb. 1, 2008,

1
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity
‘A. Political Conduct in General.
(1) A judge or judicial candidate shall not:

() act as a leader or hold any office in a political
organization;

(®) publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of a political organi-
zation or a candidate for public office;

(@ except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B, Campaign Conduet.
(Q) A judge or judicial candidate:

(2) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
impartiality, integrity and independence of the judi-
ciary, and should encourage the 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;

() shall prohibit employees and officials. who
serve at the pleasure of the candidate, and should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(© except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

@ shall not:

(@ with respect to cases, controversies, or is-
sues 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 the office;

i) knowingly make, or cause to be made, a
false statement concerning the identity, qualifica-
tions, present position or other fact concerning
the candidate or an opponent; or

1009

DEF00203


5338

Canon 7

CODE OF JUDICIAL CONDUCT

(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 or make
a contribution to a political organization or candi-
date, attend political gatherings, or purchase tickets
for political party dinners, or other functions, except
as authorized in subsection A(2);

(2) A judge holding an office filled by public elec-
tion between competing candidates, or a candidate for
such office, may, only insofar as permitted by law,
attend political gatherings, speak to such gatherings
on his or her own behalf when he or she is a candidate
for election or re-election, identify himself or herself
as a member of a political party, and contribute to a
political party or organization.

(8) A judge should resign his or her office when the
judge becomes a candidate either in a party primary
or in a general election for a non-judicial office, except
that a judge may continue to hold judicial office while
being ‘@ 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.

(4) A judge should 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. Campaign Conduct. A candidate, including
aan incumbent judge, for a judicial office that is filled
either by public election between competing candi-
dates or on the basis of a merit system election:

(a) should maintain the dignity appropriate to
judicial office, and should encourage members of his
or her family to adhere to the same standards of
political conduct that apply to the candidate;

(b) should prohibit public officials or employees
subject to his or her direction or control from doing
for him or her what the candidate is prohibited from
doing under this Canon; and the candidate should
not allow any other person to do for him or her
what the candidate is prohibited from doing under
this Canon;

(c) should not make pledges or promises of con-
duet in office other than the faithful and impartial
performance of the duties of the office; announce
his or her views on disputed legal or political issues;
or misrepresent his or her identity, qualifications,
present position, or other fact.

Amended June 28, 1983; amended and effective June 3, 1998.

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT

Anyone, whether or not a lawyer, who is an officer
of a court of record performing judicial functions,
including an officer such as a judge ad hoe, referee,

special master, court commissioner, or magistrate, and
anyone who is a justice of the'peace, is a judge for the
purpose of this Code. All judges should eomply with
this Code except as provided below.

A. Part-Time Judge. A part-time judge is a
judge 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.

A part-time judge:
(2) is not required to comply with Canon 5C(2), 6D,
and 5B;

@) should not practice law in the court on which he
or she serves or in any court subject to the appellate
jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Judge Pro Tempore. A judge pro tempore is
a person who is appointed to act temporarily as a
judge.

(1) While acting as such, a judge pro tempore is not
required to comply with Canon 5C(2), 5C(3), 5D, and
5E.

(2) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which he
or she has served as a judge or in any other proceed-
ing related thereto.

C. Retired Judge. A retired judge is not gov-
ered by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to a judge pro tempore.
Amended Oct. 29, 1982; amended and effective June 3, 1983,

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. ‘The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affeet the judge.

‘The Comniittee shall consist of nine members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Jud

(ec) The President of the District Judges Associa-
tion and one other District Judge;

(@) The President of the City Judges Association;

710

DEF00088


5266

Canon 3

part of court personnel subject to his direction and
control. This subsection does not prohibit judges
from making publie statements in the course of
their official duties or from explaining for public
information the procedures of the court.

(7) Bxcept as herein provided a judge should pro-
hibit broadeasting, televising, recording, or taking
photographs in the courtroom and areas immediate-
ly adjacent thereto at least during sessions of court
or recesses between sessions.

A trial judge may authorize:

(@) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a tecord for the court or for counsel, or for
other purposes of judicial administration;

() the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(©) the photographic or electronie recording and
reproduction of appropriate court proceedings under
the following conditions:

() the means of recording will not distract par-
ticipants or impair the dignity of the proceedings;

i) the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

(i) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.
An appellate court may permit broadcasting, tele-

vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum
and prevent distractions, and (c) ensure the fair
administration of justice in the pending cause.

B, Administrative Responsibilities

(1) A judge should diligently discharge his admin-
istrative responsibilities, maintain professional com-
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials.

@) A judge should require his staff and court
officials ‘subject to his direction and control to ob-
serve the standards of fidelity and diligence that
apply to him.

(3) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for
unprofessional conduct of which the judge may be-
come aware.

52

CODE OF JUDICIAL CONDUCT

(4) A judge should not make unnecessary appoint-
ments. All appointments should be made on an
impartial basis, with a view of selecting competent
persons of good moral character. He should avoid
appointments which tend to create suspicion of im-
propriety. He should not approve compensation of
appointees beyond the fair value of services ren-
dered.

C, Recusation

The recusation of judges is governed by law.
Amended April 23, 1985.

APPENDIX TO CANON 3

Guidelines for Extended Media Coverage of
Proceedings in Appellate Courtrooms
1. As used in these guidelines,

A. “Extended coverage” means any record-
ing or broadcasting by the news media of court
proceedings using television, radio, photograph-
ie of recording equipment.

B. “Presiding Judge” means the Chief Jus-
tice’ of the Supreme Court of Louisiane, the
Chief Judge of a Court of Appeal, or the senior
judge of @ panel of which the Chief Justice or
Chief Judge is not 2 member.

C. Proceeding” means any hearing, motion,
argument on appeal or other matter held in
‘open court which the public is entitled to at-
tend.

D. “Party” means a named litigant of
record who has appeared in the ease, and in-
cludes a party's counsel of record.

E. “Media” means legitimate news gather-
ing and reporting agencies and their represent-
atives.

F, “Court” means an appellate court and
ineludes the Supreme Court of Louisiana and
the Courts of Appeal of the several cireuits,
Il, All extended media coverage of court pro-

ceedings shall be governed by the principle that

the decorum and dignity of the court, the court-
room and the judicial process will be maintained
at all times. Resolution of any question of cover-
age or procedure not specifically addressed in this
section will be guided by this overriding principle.

IIL A. The consent or approval of parties to
extended coverage isnot required, Parties may
object to extended coverage by fling « writen
objection stating the reasons therefor with the
of cout a eat 10 days porto the dat of
the proceedings. Upon objection by a party, or on
the court's own motion, the presiding judge may
prohibit or limit extended coverage of a proceed-
ing.

B. Extended coverage shall not be permitted
in any proceeding which by law must or may be
held in private.

DEF00016


5459

Canon 2

CODE OF JUDICIAL CONDUCT

B. A judge shall not allow family, social, political,
or other relationships to influence judicial conduct or
judgment, A judge shall not lend the prestige of
Judicial office to advance the private interest 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. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
Judge's personal knowledge, serve as a reference or
Provide a letter of recommendation. Letters of rec-
ommendation may be written only on private station-
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

C._A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. ‘The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinctly private associa-
tion of persons whose membership limitations would
be entitled to constitutional protection.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996; amended Jan, 13, 2005, effective Feb.

1,

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perform-
ance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
‘wayed by partisan interests, public clamor, or fear of
criticism,

@) A judge shall maintain order and decorum in
Judicial proceedings.

(3) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officals, and others subject to the judge’s di-
rection and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perform-
ance of judicial duties, by words or conduct manifest

bias or prejudice, and shall not permit. staff, court
officials or others subject to the judge’s direction and
control to do so.

() A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

© Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any ease, either civil or criminal. A
Judge may obtain the advice of a disinterested expert
‘on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
Where circumstances require, ex parte communica.
tions are authorized for scheduling, administrative
purposes ot emergencies that do not deal with sub-
atantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
munications intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular member of the court to whom a case is
allotted or assigned for any purpose. Similar circum-
spection should be exacted on the part of court offi-
cers, clerks and secretaries.

( A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) A judge shall not, while a proceeding is pending
in any Louisiana state court, make any public com-
ment that might reasonably be expected to affect its
‘outcome or impair its fairness, and shall require simi-
lar abstention on the part of court personnel subject
to his or her direction and control. This subsection
does not prohibit judges from making public state-
ments in the course of their official duties or from
explaining for public information the procedures of the
court.

(9) Exeept as herein provided a judge should pro-
hibit browdeasting, televising, recording, or taking
photographs in the courtroom:and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authorize:

(@) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(0) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

DEF00209


5308

LOUISIANA

RULES OF CouRT

STATE
CAW LIBRARY
1993 OF LOUISIANA
MAY 4 1893

IncLupinc AMENDMENTS RECEIVED
TuroucH Marcu 1, 1993

Wesr PusuisHinc Company
Saint Paut, MINNESOTA

DEFO0058
PORT Exhibit 1001 (i)


5425

Canon 7

CODE OF JUDICIAL CONDUCT.

charitable organization, The judge or judicial candi-
date may retain campaign funds in ‘the following
amounts proportionate to the population of the judge's
or judicial candidate's election district:

Population of Amount of Camy Funds
gietoy Dae that May Beene!

$ 25000
25 ee 000 $ 50,000
1100,001-200,000 $76,000
+200,001-800,000 $100,000
800,001~400,000 $125,000
Over 400,000 $160,000

F. Other Politieal Activity. 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, or as expressly author-
ized by law.

G. Applicability. Canon 7 generally applies to all
‘incumbent judges and Judicial candidates. A success-
fal eandidate, whether or not an incumbent, is subject,
to judicial discipline for his or her campaign conduct;
aan 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 Rule 82(a) and (b) of the Louisiana Rules of
Professional Conduct.

H. Definition of Candidate. A candidate is a
Berson seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she raskes a public announce-
ment of candidacy, declares or files as a candidate
with the election or appointment authority, or author-
ies solicitation or acceptance of contributions or sup-
port, whichever occurs first. The term “candidate”
has the same meaning when applied to a judge seck-
ing election to judicial or non-judicial office.

1. Candidacy for Non-Judicial Office. A judge
shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a judge
may continue to hold judicial office while being a
candidate for eloction to or serving as a delegate in a
state constitutional convention, if the judge is other-
wise permitted by law to do so.

Amended June 28, 1983; Amended and effective June 3,
1993; amended July 8, 1996, effective July 8, 1996; amended
and effective July 1, 1997; amended March 13, 2002, effective
Apri) 15, 2002; amended Jan, 18, 2005, effective Feb. 1, 2005.

Court Commentary Regarding 2002
‘Amendment to Canon 7

The 2002 amendment to Canon TB(IXd) of the
Code of Suiial Conduct, concerning pubic com-
‘ments about pending or impending proceedings, is
not intended to apply to incourt comments ‘by
lawyer candidates, or comments regarding a case or
proceeding that the lawyer candidate is participat-
ing in. Comments by a lawyer candidate regarding
a proceeding that the lawyer candidate is partieipat-

ing in, or a proceeding in which an associate of the
lawyer candidate is participating in, are governed
by Rule 36 of the Louisiana Rules of Professional
Conduct.

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not 2
Iawyer, who is an officer of a court of record perform-
ing judicial functions, including an officer such as a
judge ad hoe, judge pro tempore, referee, special
‘master, court commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose of this Code,
All judges shall comply with this Code,

A. Part-Time Judge. A parttime judge is a
Judge 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.

A part-time judge:

(1) is exempt from Canons 6C@), 5D, and 5E;

@) shall not practice law in the court on which he
or she serves or in any court subject to the appellate
Jurisdiction of the court. on which he or she serves, or
‘act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoc is a person
who is appointed to act with regard to a specific case
or cases.

(2) While acting as such, a judge pro tempore or ad
hhoe is not required to comply with Canons 5C(2),
50(8), SD, and 5E.

(2) A person who has been a judge ad hoc or judge
pro tempore shall not act as a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto,

C. Retired Judge. A retired judge is not gov-
erned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
cally appointed hearing officers are required to com-

‘with all canons of the Codé @tcept Canons 5C(2),
BD, and SE.
Amended Oct. 29, 1982; Amended and effective June 8, 1993;
amended July 3, 1996, effective July 8, 1996.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court

984

DEF00175


5350

LA ST CIC Canon 7 Page 4
‘Code of Jud.Conduct, Canon 7, 8 LSA-R.S.

F, Other Political Activity. A judge shall not engage in any other political ac-
tivity except on behalf of measures to improve the law, the legal system or the ad-
ministration of justice, or as expressly authorized by law.

G. Applicability. Canon 7 generally applies to ali incurbent judges and judicial
candidates. A successful candidate, whether or not an incumbent, is subject to ju-
dicial 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 Rule 8.2(a) and.

the Louisiana Rules of Professional Conduct.

of

H. Definition of Candidate. A candidate is a person seeking election or reelec~
tion to a judicial office. A person becomes a candidate for judicial office as
soon as he or she makes a public announcement of candidacy, declares or files as a
candidate with the election oz appointment authority, or authorizes solicitation or
acceptance of contributions or support, whichever occurs first. The term "candi-
date" has the same meaning when applied to a judge seeking election to judicial or
non-judicial office.

1. Candidacy for Non-Judicial Office. A judge shall resign his or her office when
the judge becomes a candidate either in a party primary or in a general election
for a non~judicial office, except that a judge may continue to hold judicial office
while being a candidate for election to or serving as a delegate in a state consti~
tutional convention, if the judge is otherwise permitted by law te do so.

COMPLIANCE WITH THE CODE OF JUDICIAL coNDUCT

All elected judges and anyone, whether or not a lawyer, who is an officer of a
court of record performing judicial functions, including an officer such as a judge
ad hoc, judge pro tempore, referee, special master, court commissioner, judicially
appointed hearing officer, or magistrate, and anyone who is a justice of the peace,
is a judge for the purpose of this Code. All judges shall comply with this Code.

A. Part-Time Judge. A part-time judge is a judge 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.

A part-time judge:
(1) is exempt from Cancns 5C(2), 5D, and SE;

(2) shall not practice law in the court on which he or she serves or in any court
subject to the appellate jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has served as a judge or in any

other proceeding related thereto.

B. Pro Tempore and Ad Hoc Judges. A judge pro tempore is a person who is ap-
pointed to act temporarily as a judge. A judge ad hoc is a person who is appointed

@ 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00100


5439

Art. 16, Rule 6.1

STATE BAR ASSOCIATION

liberties or public rights, or charitable,
civie, community, governmental and educational or-
ganizations in matters in furtherance of their organ-
izational purposes, where the payment of standard
legal fees would significantly deplete the organiza-
tion’s economic resources or would be otherwise
inappropriate;

@) delivery of legal services at a substantially
reduced fee to persons of limited means; or

(8) participation in activities for improving the
Jaw, legal system or the legal profession.

Reenacted Jan. 20, 2004, effective Mareh 1, 2004

Rule 62. Accepting Appointments

A lawyer shall not seek to avoid appointment by a.
tribunal to represent a person except for good cause,
such as:

(a) representing the client is likely to result in
violation ofthe Rules of Professional Condut or other
aw;

(b) representing the client is likely to result in an
unreasonable financial burden on the lawyer; or

(©) the client or the cause is so repugnant to the
lawyer as to be likely to impair the client-lawyer
relationship or the lawyer’s ability to represent the
client.
Reenacted Jan. 20, 2004, effective March 1, 2004.
Rule 6.3. Membership in Legal Services Organiza-

tion

A lawyer may serve as a director, officer or member
of a legal services organization, apart from the law
firm in which the lawyer practices, notwithstanding
that the organization serves persons having interests
adverse to a client of the lawyer. The lawyer shall
not knowingly participate in a decision or action of the
organization:

(@) if participating in the decision or action would
be incompatible with the lawyer's obligations to a
client under Rule 1.7; or

(b) where the decision or action could have a mate-
rial adverse effect on the representation of a client of
the organization whose interests are adverse to a
client of the lawyer.

Reenacted Jan, 20, 2004, effective March 1, 2008.

Rule 6.4. Law Reform Activities Affecting Client
Interests

A lawyer may serve as a director, officer or member
of an ‘organization involved in reform of the law or its
administration notwithstanding that the reform may
affect the interests of a client of the lawyer. When
the lawyer knows that the interests of a client may be
materially benefitted by a decision in which the lawyer
participates, the lawyer shall disclose that fact, but
need not identify the client,

‘Reenacted Jan. 20, 2004, effective March 1, 2004.

Rule 65. Nonprofit and Court-Annexed Limited
Legal Services Programs
(@) A lawyer who, under the auspices of a program
sponsored by 2 nonprofit organization or court, pro-
vides short-term limited legal services to a client
without expectation by either the lawyer or the client,
that the lawyer will provide continuing representation
in the matter:
(2) is subject to Rules 1.7 and 1.9(a) only if the
lawyer knows that the representation of the client
involves 2 conflict of interest; and

(2) is subject to Rule 1.10 only if the lawyer
mows that another lawyer associated with the law-
yer in a law firm is disqualified by Rule 1.7 or 19a)
‘ith respect to the matter.

(b) Except as provided in paragraph (a2), Rule
1.10 is inapplicable to a representation governed by
this Rule,

‘Reenacted Jan. 20, 2004, effective March 1, 2004.

INFORMATION ABOUT
LEGAL SERVICES

Rule 7.1. Communications Concerning a Lawyer's
ices

(a) A lawyer shall not make or permit to be made a
false, misleading or deceptive communication about
the lawyer, the lawyer's services or the services of the
lawyer's firm. For example, a communication violates
this rule if it:

(@ Contains a material misrepresentation of fact
or omits a fact necessary to make the communica-
tion, considered as a whole, not misleading; or

(i) Contains a statement or implication that the
outcome of any particular legal matter was not or
will not be related to its facts or merits; or

(Gi) Contains a statement or implication that the
lawyer can influence unlawfully any court, tribunal
or other public body or official; or

(iv) In the case of a bankruptey matter, fails to
state clearly that the matter will involve a bankrupt-
cy proceeding; or

(¥) Compares the lawyer's or the law firm's ser-
vices with any other lawyer's. services, unless the
comparison can be factually substantiated; or

(vi) Contains an endorsement by a celebrity or
publie figure without disclosing that (A) the endors-
er is not a client of the lawyer or the firm, if such is
the case, and (B) the endorser is being paid or
otherwise compensated for his or her endorsement,
if such is the case; or

(ii) Contains a visual portrayal of a client by a
nonclient or a lawyer by a nonlawyer without disclo-
sure that the depiction is a dramatization; or

1026

DEF00189


5

CODE OF JUDICIAL CONDUCT

424

Canon 7

(2) The judge's report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 3ist of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. In the report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasi-judicial activity.
‘Amended and effective June 3, 1999; amended July 3, 1996,
effective Jay 8, 1908; amended Nov. 11, 1986, effective July
8,19

“ANON 7
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity

A. Political Conduct in General.
(1) A judge or judicial candidate shall not:

(@) act as a leader or hold any office in a political
organization;

(&) publicly endorse or publicly oppose another
candidate for public office;

(c) make speeches on behalf of a political organi-
zation or a candidate for public office;

(@) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B. Campaign Conduct.
@) A judge or judicial candidste:

(a) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
impartiality, integrity and independence of the judi-
ciary, and should encourage the 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;

(&) shall probibit employees and officials who
serve at the pleasure of the candidate, and should
discourage other employees and officials subject to
‘the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

(@) shall not:

(® with respect to cases, controversies, or is-
sues that are likely to come before the court,
‘make pledges, promises or commitments that are
inconsistent with the impartial performance of the
adjudic: .ive duties of the office;

(ii) knowingly make, or cause to be made, a
false statement concerning the identity, qualifica-
tions, present position or other fact concerning
the candidate or an opponent; or

(ii) while a proceeding is pending in any Loui-
siana state court, make any public comment that
might reasonably be expected to affect its out-
‘come or impair its fairness.

(e) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1)).

C. AJudge or a Judicial Candidate Mi

(Q) At any time

(@) attend political gathering

() identify himself or herself as a member of a
political party;

(2) During his or her candidacy

(a) speak to gatherings on his or her own behalf;

(b) appear in newspaper, television or other me-
dia advertisements supporting his or her eandidaey;

(c) distribute pamphlets or other promotional
campaign literature supporting his or her candida-
oy

(d) contribute to a political organization and/or be
included on a political ticket or endorsement.

D. Campaign Committees

(1) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
stated support.

(2) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her eandidacy.
However, no undue pressure or coercion may be ap-
plied in such solicitation,

(@) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may

solicit contributions for the candidate's campaign no

earlier than two years before the primary election.

Contributions may be solicited after the last election

in which the candidate participated only for the pur-

pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of

‘campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in

‘which a judge or judicial candidate participates as

contestant, the judge or judicial candidate shall divest,

himself or herself of any unused campaign funds, in

‘excess of the amount listed below, by pro rata refund

to the campaign contributors or by donation to a

983

DEFO0174


5329

CODE OF JUDIC!

IAL CONDUCT Canon 7

and programs concerning the lav, the legal system
and the administration of justice
Amended and effective June 3, 1993.

CANON 5
‘A Judge Should Regulate Extra-
Judicial Activities to Minimize the Risk of
Conflict With Judicial Duties

‘A. Avocational Activities. A judge may write,
lecture, teach, and speek on non-legal subjects, and
‘engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

B. Civic and Charitable Activities. A judge may
participate in civic and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
‘may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or civic organization not conducted for the eco-
nomic or political advantage of ts members, subject to
the following limitations:

(Q) A judge should not serve i ti likely that the
organization will be engaged in proceedings
wud ordinaly come totee the jug or il Me
cegularly engaged in adversary proceedings in any

rr ‘A judge should not solicit funds for any edu-
‘ational, religious, charitable, fraternal, or civic orga-
tization, or use or permit the use of the prestige of
udicial office for that purpose, but the judge may be
isted as an of or trustée of such an
ganization. A inde should not be a fund raising
peaker or the guest of honor at an organization's
and raising events, but may attend such events.

C. Financial Activities.

(1) A judge should refrain from financial and busi-
ess dealings that tend to reflect adversely on the
sdge’s impartiality, interfere with the proper perfor-
ance of judicial duties, exploit the judge's judicial
dsition, of involve the judge in frequent transactions
ith lawyers or persons likely to come before the
‘urt on Which he or she serves.
@) Subject to the requirement of subsection (1), a
ge may hold and manage investments, including
al estate, and engage in other remunerative activity
t should not serve as an offer, director, manager,
employee of any bank, lending institution, home-
vad or savings and Joan association, insurance com-
ty, public utility, and other businesses affected with
oublic interest.
8) A judge should manage investments and other
ancial interests to minimize the number of cases in
ich he or she is disqualified, As soon as a judge
‘do 80 without serious financial detriment, he or
103

she should divest himself or herself of investments
and other financial interests that might require fre-
quent recusation,

(4) A judge or a member of the judge's family
residing in the judge's household should not accept
any gifts or favors which might reasonably appear
Gesgnod to affect hs or her judgment or indtence hs
or her official conduct.

(© Information acquired by a judge in his or her
judicial capacity should not be used or disclosed by
he judge in financial dealings or for any other pur-
pose not related to judicial duties.

D, Arbitration. A judge should not act as an
arbitrator or mediator.

E. ExtraJudicial Appointments. A judge
should not sceept appointment to a governmental
committee, commission, or other position that is con-
cerned 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, however, may
represent his or her country, state, or locality on
ceremonial occasions or in connection with historical,
educational, and cultural activities,

Amended and effective June 8, 1998.

CANON 6
A Judge Should Accept Compensation
for Quasi-Judicial and Extra—Judicial
Activities Only Under Restricted
Circumstances

‘A judge may reeeive compensation and reimburse-
ment of expenses for the quasijudicial and extra-
judicial activities permitted by this Code, if the souree
of such payments does not give the appearance of
influencing the judge in his or her judicial duties or
otherwise give the appearance of impropriety, subject
to the following restrictions:

‘A. Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what a
person who is not a judge would receive for the same
activity.

B. Expense Reimbursement. Expense reim-
bbursement. should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge and, where appropriate to the occasion, by his
‘or her spouse. Any payment in excess of such an
amount is compensation.

‘Amended and effective June 8, 1998,

CANON 7
A Judge Should Refrain From Political
Activity Inappropriate to
Judicial Office
A. Political Conduct in General.

(1) A judge or a candidate for election to judicial
office should not:

DEFO0079


5472

CODE OF JUDICIAL CONDUCT.

Canon 3

.xplaining for public information the procedures of the
court

(9) Except as herein provided a judge should pro-
sibit broadcasting, televising, recording, or taking
shotographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A tvial judge may authorize:

{a) the use of electronie or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(©) the photographic or electronic recording and

duction of appropriate court proceedings un-
der the following conditions:

(@ the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

ithe parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

(ii) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

‘An appellate court inay permit broadeasting, tele-
ing, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (e) ensure the fair adminis-
tration of justice in the pending cause.

(10) A judge shall not, with respect to cases, contro-
versies or issues that are likely to come before the
court, make pledges, promises or commitments that
‘ae inconsistent with the impartial performance of the
adjudicative duties of the office.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
‘administrative responsibilities without bias or preju-
dice 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
thers 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 oficial

ties,

(8) A judge should take or initiate appropriate disei-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
judge's judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon may be
instituted against the judge.

(@) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power of appoint-
‘ment impartially and on the basis of merit. A judge
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepots:
No spouse or member of the immediate family of a
Judge shall be employed in the court to which that
judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge's children; and all step relationships to the
same degree.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hi
der, alter, or in any way affect promotional advance-
ments for any such employee. ‘The provisions of this
Subsection pertaining to nepotism shell not apply to
‘mayors ot justices of the peace.

C. Recusation. A judge should disqualify himself
or herself in a proceeding in which the judge's impa
tiality might reasonably be questioned and shall di
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court rule. In all other instanees, a judge
should not recuse himself or herself.

Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1993; amended July 3, 1998, effective July
‘8, 1996; amended and effective March 13, 2002; amended
Jan. 13, 2005, effective Feb. 1, 2005.

APPENDIX TO CANON 3

Guidelines for Extended Media Coverage of Proceedings in
Appellate Courtroom

1, As used in these guidelines,

AL "Extended coverage" means any resorting or bresdeasting by
the ness media of eout proceedings wsing talevision, ra
‘graphic or recording equipment.

B._ “Presiding Judge” meana the Chief Justice ofthe Supreme Court
‘of Louisiana, the Chief Judge of a Court of Appeul, or the senior
Judge ofa panel of which the Chief Justice or Chief Judge isnot a
mem

C._ "Proceeding means any hearing, motion, argument on appeal or
other matter held in open cout which the puble i ended to
attene.

D._*Party" means « named litigant of recerd sho has appeared in
‘the ease, and includes a party's counsel of recon.

“Medio” means legitimate news gathering and reporting agencies
‘and their representatives,

1005

DEF00222


5

290

CODE OF JUDICIAL CONDUCT

divest himself of investments and other financial
interests that might require frequent recusation.

(4) A judge or a member of his family residing
his household should not accept any gifts or favors
which might reasonably appear as designed to af-
fect his judgment or influence his official conduct.

(6) Information sequired by a judge in his judicial
capacity should ot bbe used or disclosed by him in
financial ‘or for any other purpose not
related to his judicial duties.

D, Arbitration. A judge should not act as an
arbitrator or mediator.

E. Extrajudicial Appointments. A judge
should not accept appointment to a governmental
committee, commission, or other 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,
however, may represent his country, state, or locali-

‘on ceremonial occasions or in connection with
historical, educational, and cultural activities,

CANON 6. A JUDGE SHOULD ACCEPT
COMPENSATION FOR QUASI-JUDI-
CIAL AND EXTRA-JUDICIAL ACTIVI-
TIES ONLY UNDER RESTRICTED
CIRCUMSTANCES

‘A judge may receive compensation and reimburse-
tment of expenses for the quasi-judicial and extra-ju-
dicial activities permitted by this Code, if the source
ote such payments does not give the appearance of
judge in his judicial duties or other-
nee give the appearance of impropriety, subject to
the following restrictions:

‘A. Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what
person who is not a judge would receive for the
same activity.

Expense Reimbursement. Expense reim-
bursomen should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge and, where appropriate to the oceasion, by his
‘spouse. Any payment in excess of such an amount
{is compensation.

CANON 7. A JUDGE SHOULD REFRAIN
FROM POLITICAL ACTIVITY INAP-
PROPRIATE TO HIS JUDICIAL OF-
FICE

A. Political Conduct in General.
(1) A judge or a candidate for election to judicial
office should not:

(a) act as a leader or hold any office in a
political organizat

637

(0) make speeches for political organization
or candidate or publicly endorse a candidate for
ublie office;

(6) solicit funds for or pay an assessment or
make a contribution to a political organization or
candidate, attend political gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection AQ);
(2) A judge holding an office filled by public

election between competing candidates, or a candi-

date for such office, may, only insofar as permitted
by law, attend poliieal gathering, speak to auch
gatherings on his own behalf when he is a candidate

for election or re-election, identity himself as 2

member of a political party, and contribute to a

political party or organization,

(8) A judge should resign his office when he
becomes’a candidate either in a party primary or in
a general election for a non-judicial office, except
that he may continue to hold his judicial office while
being a candidate for election to or serving as
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(#) A judge should not engage in any other politi-
cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice.

B. Campaign Conduct. 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 system elec
tio

(2) should maintain the dignity appropriate to ju-
dicial office, and should encourage members of his
family to adhere to the same standards of political
conduet that apply to him;

(0) should prohibit public officials or employees
subject to his direction or contro! from doing for
him what he is prohibited from doing under this
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(©) should not make pledges or promises of con-
duct in office other than the faithful and impartial
performance of the duties of the office; announce
his views on disputed legal or political issues; or
misrepresent his identity, qualifications, present po-
sition, or other fact.

‘Amended June 28, 1988,

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT
Anyone, whether or not a lawyer, who is an
officer of a court of record performing judicial
functions, including an officer such as a judge ad
hoc, referee, special master, court commissioner, or

DEFO0040


5435

Canon 7

CODE OF JUDICIAL CONDUCT.

ing in, or a proceeding in which an associate of the
lawyer candidate is participating in, are governed
by Rule 86 of the Louisiana Rules of Professional
Conduct.

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
ing judicial functions, including an officer such as a
judge ad hoc, judge pro tempore, referee, special
‘master, court commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose of this Code.
All judges shall comply with this Code.

A. Part-Time Judge. A part-time judge is a
judge 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 fulltime judge.

A part-time judge:

(1) és exempt from Canons 5C@), 5D, and 5E;

(@) shall not practice law in the court on which he
or she serves or in any court subject to the appellate
Jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served as a Judge or in any other proceding related

ereto.

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
‘temporarily as a judge. A judge ad hoe is a person
who is appointed to act with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hhoe is not required to comply with Canons 5C@2),
5C(8), 5D, and 5E.

@) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
‘in which he or she has served as a judge or in any
other proceeding related thereto.

C. Retired Judge. A retired judge is not gov-
erned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C(2),
5D, and 6E.

Amended Oct. 29, 1982; Amended and effective June 3, 1993;
amended July 3, 1996, effective July 8, 1998.

COMMITTEE ON JUDICIAL ETHICS
To the end that these canons may be properly
interpreted, and in order to provide a forum to receive

inguiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. ‘The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inguiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(© The President of the District Judges Associa-
tion and two other District Judges;

@ The President of the City Judges Association;

(©) One juvenile or family court judge;

(D The Judicial Administrator; and

(g) The President of the Louisiana State Bar Asso-
ciation,

The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be 8 member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Supreme Court shall select one district
court judge and one juvenile or family court judge
who shall serve for terms of two years;

(@) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(e) The Distriet Judges Association shall select one
member to serve on the Committee for two years;

(D The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
‘Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee, The Committee.shal] make its own rules
and select members to serve in such other offices as it
creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct. 31, 1975, effective Jan. 1, 1976; Amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended May 28, 1998, effective July 1, 1998

DEF00185


5474

CODE OF JUDICIAL CONDUCT

Canon 6

C. A judge may serve as a member, officer, or
direetor of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice. A judge shall
not personally solicit funds for such an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice,
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

CANON 5
Extra-Judicial Activities
A Judge Shall Regulate Extra-Judicial Activities to
Minimize the Risk of Conflict With Judicial Duties

A. Avocational Activities, A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

B. Civic and Charitable Activities. A judge may
participate in civic and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or civie organization not conducted for the eco-
nomic or political advantage of its members, subject to
the following limitations:

(2) A judge shall not serve if the judge knows, or
should know, 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.

(2) A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civie organization,
or_use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization,
However, it shall not be a violation of this Canon for a
Judge to’ privately solicit funds for the judge's local
church from a local church member. A judge should
not be a fund-raising speaker or the guest of honor at
4n organization's fund- raising events, but may attend
such events. A judge may also participate in an
organization's fund-raising events, provided the
judge's title or status is not used to support the fund-
raising effort.

C. Financial Activities.

(2) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
Judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with law-

yers or persons likely to come before the court on
‘which he or she serves.

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
real estate, and engage in other remunerative activity
but shall not serve as an officer, director, manager, or
employee of any bank, lending ‘institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with a
publie interest.

(3) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as 2 judge
ean do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that, might require frequent
Tecusation.

(4) Information acquired by a judge in his or her
judicial capacity shall not be used or disclosed by the
judge in finaneial dealings or for any other purpose
not related to judicial duties.

D. Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. Extra-Judicial Appointments. A judge shall
not accept appointment to a governmental committee,
commission, or other position that is concerned with
issues of fact or poliey on matters other than the
improvement of the law, the legal system, or the
administration of justice. A judge, however, may
represent his or her county, state, or locality on
ceremonial occasions or in connection with historical,
educational, and cultural activities.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996; amended and effective Feb. 12, 2003.

CANON 6
A Judge May Not Accept Compensation, Gifts,
Loans, Bequests, Benefits, Favors or Other Things
of Value for Quasi-Judicial and Extra-Judicial Ac-
tivities Except Under Restricted Circumstances;
Reporting Requirements

A. Compensation and Expenses
A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:
1. Compensation. Compensation for quasiju-
dicial activities shall not exceed a reasonable
amount. Compensation for extra-judicial activities
shall not exceed what 2 person who is not a judge

would receive for the same activity.
2. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
inearred by the judge and, where appropriate to the

1007

DEF00224


5302

Canon 8

CODE OF JUDICIAL CONDUCT.

CANON 3
A Judge Should Perform the Duties of His
Office Impartially and Diligently

‘The judicial duties of a judge take precedence
over all his other . His judicial duties
inelude all the duties of his office preseribed by law.
In the performance of these duties, the following
standards apply:

A. Adjudicative Responsibilities.

(1) A judge should be faithful to the law and
maintain professional competence in it, He should
be unswayed by partisan interests, public clamor, or
fear of criticism.

(2) A judge should maintain order and decorum in
proceedings before him.

(@) A judge should be patient, dignified, and cour
teous to litigants, jurors, witnesses, lawyers,
others with whom he deals in his official capacity,
jould require similar conduct of lawyers, and
staff, court officials, and others subject to his
direction and control.

(4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu-
ments or communications designed to influence his
judicial aetion in any case, either civil or criminal.
‘A judge should not accept in any ease briefs, doc-
‘uments or written communications intended or cal-
enlated to influence his action unless the contents
are promptly made known to all parties. Judges of
appellate courts should also avoid all actions or
language which might indicate to counsel, litigants
or any member of the public, the particular member
of the court to whom a case is allotted or assigned
for any purpose. Similar circumspeetion should be
exacted on the part of court officers, clerks and
secretaries.

(8) A judge should dispose promptly of the busi-
ness of the court.

(©) A judge should abstain from public eomments
about a pending or impending proceeding in any.
court, and should require similar abstention on the
part of court personnel subject to his direction and
control. This subsection does not prohibit judges
from making public statements in the course of
their official duties or from explaining for public
it tion the procedures of the court
as herein provided a judge should pro-
ting, televising, recording, or taking

hhotographs in the courtroom and areas immediate-
Pradjecent thereto atleast during sessions of eourt
or recesses between session:

A trial judge may authorize:

(@) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-

tion of a record for the court or for counsel, or for

other purposes of judicial administratis

(b) the broadcasting, televising, recording or

Bhotographing of Saveaive or ceremonial pro-
in

(6) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following condition

@ the means of recording will not distract
participants or impair the dignity of the pro-
ceedings;

(i) the parties bave consented, and the con-
sent to being depicted or recorded has been
obtained from each witness appearing in the
recording and reproduction;

(ii) the reproduction will not be exhibited un-
til after the proceeding has been concluded and
all direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only
for instructional purposes in educational institu-
tions,

‘An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
‘courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum
and prevent distractions, and (e) ensure the fair
administration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge should diligently discharge his admin-
istrative responsibilities, maintain professional com-
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials.

(2 A judge should require his staff and court
officials subject to his direction and control to ob-
serve the standards of fidelity and diligence that
apply to him.

(8) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for
unprofessional conduct of whieh the judge may be-
come aware,

(4) A judge should not make unnecessary appoint-
ments. "All appointments should be made on an
impartial basis, with a view of selecting competent
persons of good moral character. A judge should
avoid appointments which tend to create suspicion
of impropriety. A judge should not approve the
compensation of appointees beyond the fair value of
services rendered. A judge should avoid nepotism.
No spouse or member of the immediate family of 8
judge shall be employed in the court to which that
judge was elected. "Immediate family” means a

678

DEF00052


5371

CODE OF JUDICIAL CONDUCT.

Canon 7

(g) The President of the Louisiana State Bar Asso-
ciation.

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicates

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(e) The Supreme Court shall select one district
court judge and one juvenile or family cout judge
who shall serve for terms of two years;

(a) ‘The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

799

(@) The District Judges Association shall select. one
member to serve on the Committee for two years;

(f) The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. ‘The Committee shall make its own rules
and select members to serve in such other offices as it
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct. 31, 1976, effective Jan. 1, 1976, Amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended May 28, 1998, effective July 1, 1998.

DEF00121


5307

CODE OF JUDICIAL CONDUCT

(O The President of the Louisiana State Bar As-
sociation.

The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicat

(a) The Chet Justice of the Supreme Court shall
always be member and shall be chairman during
Hr tem of oltice as Chief Fuster

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(c) The Conference of Court of Appeal Judges
shall select one member to serve on the Committee
for two years;

(a) The District Judges Association shall select
cone member to serve on the Committee for two
years;

(@) The Chairman of the Conference of Court of
Appeal Judges, the President of the Distriet Judges
‘Association, the President of the City Judges Asso-
iation, the Judicial Administrator, and the Presi-
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office.

‘The Judicial Administrator shall be Secretary of
the Committee. ‘The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
Amended Oct. 31, 1975, effective Jan. 1, 1976.

683
DEF00057


5458

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976

Including Amendments Received Through May 15, 2008

Research Note

These rules may be searched electronically on Westlaw in the LA-RULES database; updates
to these rules may be found on Westlaw in LA-RULESUPDATES. For search tips and
2 summary of database content, consult the Westlaw Scope Screens for each database.

canon

1. A Judge Shall Uphold the Integrity and Independence
of the Judiciary.

2 A-dudge Shall Avoid Improprety and the Appearance
of Impropriety in All Activities.

8. A Judge Shall Perform the Duties of Office Impartially
and Diligently.

Quasi-Judicial Activities A Judge May Engage in Qua-

si-Judicial Activities to Improve the Law, the Lezal

System, and the Administration of Justice.

| Activities A Jadge Shall Regulate Ex:

iial Activities to Minimize the Risk of Con-

‘A Judge Shall Accept Compensation or Gifts for Quast-
Jodicial and Extra-Judicial Activities Only Under
Restrieted Cireumstances.

‘A Judge May Not Accept Compensation, Gifts, Loans,
Bequests, Benefits, Favors or Other Things of Value
for QuasiJudicial and Extra-Judicial Activities Ex-
cope Under Restricted Circumstances; Repertng Re-

>

=

iemen
1 aSudge Or Judicial Candiste Shall Retain Prom
Inappropriate Political Activity.

Rule

COMPLIANCE WITH THE CODE OF JUDICIAL CON-
ICT.

COMMITTEE ON JUDICIAL ETHICS.

Adoption of Code

The following Canons, effective January 1, 1976, were
‘adopted by the Supreme Court of Lowisiana on
March 5, 1975, to replace the Canons of Judicial
Ethics adopted October 13, 1980.

CANON 1
A Judge Shall Uphold the Integrity and Indepen-
dence of the Judiciary

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
Participate in establishing, maintaining, and enforeing,
and shall personally observe, high standards of con-

907

duet so that the integrity and independence of the
judiciary may be preserved. The provisions of this,
Code are to be construed and applied to further that
objective. As a necessary corollary, the judge must
be protected in the exercise of judicial independence.
‘Amended and effective June 3, 1989; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which ean result in
disciplinary action,

‘When “should” is used, the text is intended to
instruct judges concerning appropriate judicial con-
duct. The use of should is an acknowledgement,
that the conduct regulated in these Canons may
impose in the judge more diseretion, and/or may
involve the conduct of others. Nonetheless, a clear
violation of any Canon in which should is used, &
clear abuse of discretion by the judge in conforming
his o her eonduet to any such Canons, or a clear
abuse of discretion by the judge in regulating the
conduct of those persons whose actions are subject
to the judge's direction and control, may also result,
in judicial discipline

CANON 2
‘A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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.

‘As used in this Code, “impartiality” or “impartial”
denotes absence of bias or prejudice in favor of, or
against, particular parties or classes of parties, as well
as maintaining an open mind in considering issues that
may come before the judge.

DEF00208


5392

CODE OF JUDICIAL CONDUCT

Canon 3

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. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
judge's personal knowiedge, serve as a reference or
provide 2 letter of recommendation, Letters of ree-
‘ommendation may be written only on private station-
ery which does not. contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

C. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinctly private associa~
tion of persons whose membership limitations would
be entitled to constitutional protection.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

CANON 3
‘A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
wayed by partisan interests, public clamor, or fear of
exiticism,

(2) A judge shall maintain order and decorum in
Judicial proceedings.

(8) A judge shall be patient, dignified, and courte-
‘ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an’official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
rection and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
mance of judicial duties, by words or conduet manifest
bias or prejudice, and shall not permit, staff, court
officials or others subject to the judge’s direction and
control to do s0.

(5) A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words

925

or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(6) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any case, either civil or criminal, A
judge may obtain the advice of a disinterested expert
‘on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
Where circumstances require, ex parte communica-
tions are authorized for scheduling, administrative
purposes or emergencies that, do not deal with sub-
stantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
munications intended or caleulated to influence his or
her action unless the contents are promptly made
‘known to all parties, Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular’ member of the court to whom a case is
allotted or assigned for any purpose. Similar circur-
spection should be exacted on the part of court offi-
cors, clerks and secretaries.

(1) A judge shall dispose of all judicial matters
promptly, efficiently and fairly,

(8) 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 out-
come or impair its fairness, and shall require similar
abstention on the part. of court personnel subject to
his or he ection and control. This subsection does
not prohibit judges from making public statement
the course of their offical duties or from explaining
for public information the procedures of the court.

(9) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographic means

for the presentation of evidence, for the

of a record for the court or for counsel, or for
other purposes of judicial administration;

ing, televising, recording or pho-

ve or ceremonial proceeding

(©) the photographic or electronic recording and
reproduction of appropriate court, proceedings un-
der the following conditions:

(@ the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

DEF00142


5303

CODE OF JUDICIAL CONDUCT

Canon 3 App.

Sudge's children, parents, brothers and sisters, the
d id parents of a judge's spouse; and the
spouses of a judge’s children,

‘The provisions of this Subsection shall not prohib-
it the continued employment of any employee of a
eourt employed by such court on or before Decem-
ber 91, 1990, or any employee of a court who
becomes a member of a judge's immediate family
ibsequent to employment; nor shall such provi-
sions be construed to hinder, alter, or in any way
affect promotional advancements for any such em-
ployee. The provisions of this Subsection pertain-
ing to nepotism shall not apply to mayors or justices
of the peace.

C. Recusation. The recusation of judges is gov-
cerned by law.

Amended April 23, 1985; Dee. 8, 1990.

APPENDIX TO CANON 3.

Gumetines ror ExrenpeD MEDIA
CoveRrsce OF PROCEEDINGS IN
APPELLATE CouRTROOMS

L. As used in these guidelines,

A. “Extended coverage” means any recording
or broadcasting by the news media of court proceed
ings using television, radio, photographie or record-
ing equipment.

B. “Presiding Judge” means the Chief Justice
of the Supreme Court of Louisiana, the Chief Judge
of a Court of Appeal, or the senior judge of» panel

of which the Chief Justice or Chief Judge is not a
member.

a C._ “Proceeding” means any hearing, motion, ar

it on appeal or other matter held in open court
Which the public is entitled to attend,

D. “Party” means a named litigant of record
who has appeared in the case, and includes a party’s
counsel of record.

E. “Media” means legitimate news gathering
and reporting agencies and their representatives.

F. “Court” means an appellate court and in-
cludes the Supreme Court of Louisiana and the
Courts of Appeal of the several circuits

TL. All extended media coverage of court pro-
ceedings shall be governed by the principle that the
decorum and dignity of the court, the courtroom
and the judicial process will be maintained at all
times. Resolution of any question of coverage or

procedure not specifically addressed in this section
Frill be guided by this overriding principle.

TULA. ‘The content or approval of parties to
extended coverage is not req Parties may
object to extended coverage nity fi filing’ a written

679

objection stating the reasons therefor with the clerk
of court at lest 10 days prior to the date of the

ipon objection by a party, or on the
court's own ‘maton, the presling judge may prohib-
it or limit extended coverage of a proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by law must or may be held
in private.

C. The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court,

TV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of a proceeding is given by the
media to the clerk of court at least 20 days in
advance of the proceeding, provided that only rea-
sonable notice shall be required for coverage of
expedited proceedings not regularly calendared.

V. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives. Film, videotape, photographs, and audio
reproduction shall not be used for commercial or
political advertising purposes. Such use of these
materials will be regarded as an unlawful interfer-
ence with the judicial process.

VI. Extended coverage of investitive or ceremo-
nial proceedings at variance with these guidelines
may be authorized by the court.

VIL. When extended coverage is permitted, all
media representatives shall have xa the right
to provide coverage. When extended coverage is to
be provided by more than one media reprerentatve,

collectively should designate one repre-
see to coordinate with the court all matters
dealing with extended coverage. Any pooling ar
rangements among the media required by the limi-
tations and restrictions on equipment and personnel
contained in these guidelines shall be the
sponsibility of the media and must be
advance of the court proceedings to be covered.
Judges and court personnel will not mediate any
dispute as to the appropriate media representative
or equipment authorized to cover a particular pro-
ceeding. If pooling arrangements cannot be made
or if there are unresolved media disputes, the pre-
siding judge may deny extended coverage of pro-
coedings.

‘VII. A. No more than two portable television
cameras, each operated by no more than one eamera
person and positioned as unobtrusively as possible
at locations approved by the court, shall be permit-
ted to be physically in the courtroom. Only tele-
vision equipment which does not produce light or
distracting sound will be permitted. Videotape re-
cording equipment which is not a component part of

DEF00053


5469

LOUISIANA
RuLES OF CouRT

LAW LIBRARY
C= LOUISIANA

Jun 2+ 2009

IncLupes Rutes ror Louisiana Disrrict Courts,
AND JUVENILE Counts, AND NUMBERING SYSTEM FOR
‘Louisiana Famity AND Domestic RELATIONS PROCEEDINGS

WEST.

‘A Thomson Reuters business.

‘Mat #40727196

DEF00219

PORT Exhibit 1001 (y)


5463

Canon 6

CODE OF JUDICIAL CONDUCT

or emergency declared by the governor, and when the
judge knows or reasonably should know the contract
or subcontract is or may be funded or reimbursed in
whole or in part with federal funds.

Initial disclosure statements shall be due on or
before March 1, 2006, or within 15 days after the
judge or legal entity enters into such a contract or
subcontract, whichever occurs ‘Thereafter, an-
nual disclosure statements are due on or before Janu-
ary 31%, Disclosure statements shall be subject to
public inspection.

Disclosure statements shall contain the following
information:

(a) The name, business address and office held by
the judge;

(b) If through a legal entity,

) the name and business address of the legal
entity;

(ii) the percentage of the judge's ownership
interest in the legal entity;

(Gi) the position, if any, held by the judge in
the legal entity;

(© The nature of the contract or subcontract,
including:

( the amount of the contract or subcontract;

(i) a description of the goods or services pro-
vided or to be provided pursuant to the contract,
or subeontract;

(@ The amount of income or value of anything of
economic value to be derived or, if the actual
amount is unknown at the time the statement is
due, the amount reasonably expected to be derived
by the judge from the contract or subeontra
‘Any judge who is subject to the provisions of thi

subpart shall be required to file annual disclosure
statements until a disclosure statement is filed after
the completion of the contract or subcontract subject
to disclosure, or until the judge vacates his/her judicial
office, whichever occurs first. Annual disclosure
statements shall not be required for the receipt of
things of economic value pursuant to contracts or
subcontracts entered into prior to the judge taking
office; however, if a judge receives or reasonably
expects to receive a thing of economic value otherwise
required to be disclosed by this subpart pursuant to
the renewal of such a contract or subcontract occur-
ring after the judge takes office, the judge shall file a
disclosure statement no later than 15 days after such
renewal.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996; amended Nov. 11, 1996, effective July
8, 1996; amended Dee. 6, 2008, effective Jan. 1, 2006; amend-
Jan. 10, 2008, effective Feb, 1, 2006

CANON 6. A Judge May Not Accept Compensa-
tion, Gifts, Loans, Bequests, Benefits, Favors
or Other Things of Value for Quasi-Judicial
and ExtraJudicial Activities Except Under
Restricted Circumstances; Reporting Require-
ments

912

Text of Canon 6 effective January 1, 2009

A. COMPENSATION AND EXPENSES

A judge may recaivecompenaaton and expenses for
the qu dicial and extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of ffluencng the Judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions;

1. Compensation. Compensation for quasiju-
dicial activities shall not exceed a reasonable
amount, Compensation for extra-judicial activities
shall not exceed what a person who is not a judge
would receive for the same activity.

2, Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
ineurred by the judge and, where appropriate to the
occasion, by his or her spouse. Any payment in
exces of sth an mnoent i eompenaton,

LOANS, BEQUESTS, BENEFITS,
FAVORS OR OTIER THINGS OF VALUE

(2) A judge shall not accept, directly or indirectly,
any gifts, loans, bequests, benefits, favors or other
things of value which might reasonably appear as
designed to affect the judgment of the judge or
influence the judge's official conduct.

(2) Except as provided in Canon 6B(3) and Ba)
below, a judge shall not accept, directly or in
ly, any gifts, loans, bequests, benefits, favors or
other things 'of value if the source is @ party or
other person, including a lawyer, who has come or is
likely to come before the judge, or whose interests
have come or are likely to come before the judge.

) If not in violation of Canon 6B(2), a judge
may accept the following without reporting such
acceptance:

(e) items with little intrinsic value, such as
plaques, certificates, trophies, and greeting cards;

(b) gifts, loans, bequests, benefits, favors or
other things of value from ‘friends, relatives, ot
other persons, including lawyers, whose appear-
ance or interest in a proceeding’ pending or im-
pending before the judge would in any event
require disqualification of the judge, or if the gift,
bes quest, benefit, favor or other th sing of value is

je in connection with a special occasion such
as a wedding, anniversary or birthday and the
gift is commensurate with the occasion and the
relationship;

(©) ordinary social hospitality provided the total
value of the food, drink, or refreshment given to a
judge at any single event shall not exceed
dollars regardless of the number of persons gi
ing food, drink or refreshment to the judge at a
single event. ‘The value of the food, drink or
refreshinent provided to the judge shall be deter-
mined by dividing the total cost of the food, drink
and refreshment provided at the event by the
total number of persons invited. Beginning on
July 1, 2009, and on July first of each year
thereafter, when there has been an inerease in
the unadjusted Consumer Price Index (CPI-U)
(Food and Beverage) as published by the United

DEF00213



5470

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975.
Effective January 1, 1976

Including Amendments Received Through May 15, 2009

Research Note

Use Westlaw to find cases citing a rule, Westlaw may also be used to search

cific terms or to 1

a rule; see the LA-RULES and LA-

sp
‘RULESUPDATBS Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter Sd and Louisiana Cases advance sheets.

Table of Rules
Canon Canon
1. A Judge Shall Uphold the Integrity and Independence 6. A Judge May Not Accept Compensation, Gifts, Loans,

of the Judiciary.

2 A Judge Shall Avoid Impropriety and the Appearance
‘of Impropriety in All Activities.

3. A Judge Shall Perform the Duties of Office Impartally
and Ditigently.
Wuasi-Judicial Activities A Judge May Engage in Qua
si-Judicial Activities to Improve the Law, the Legal
System, and the Administration of Justice.

5. Extra Judicial Activities A Judge Shall Regulate Ex-
tracJudicial Activities to Minimize the Risk of Con-
fit With Judicial Duties.

Adoption of Code

The following Canons, effective Jonwary 1, 1976, were

‘adopted by the Supreme Court of Louisiana on

March 5, 1975, to replace the Canons of Judicial
Ethics adopted October 18, 1960.

CANON 1
‘A Judge Shall Uphold the Integrity and Indepen-
dence of the Judiciary

An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and shall personally observe, high standards of con-
duct so that the integrity and independence of the
judiciary may be preserved. The provisions of this
Code are to be construed and applied to further that

Bequests, Benefits, Favors or Other Things of Value
for QuasiJudicial and Extra-Judicial Activities Ex-
cept Under Restricted Ceumstances; Reporting Re-
guirements

7. A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity.

Rule

COMPLIANCE WITH THE CODE OF JUDICIAL CON-
DUCT.

COMMITTEE ON JUDICIAL ETHICS.

objective. As a necessary corollary, the judge must
be protected in the exercise of judicial independence.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which can result in
Aiseiplinary action.

When “should” is used, the text is intended to
instruct judges concerning appropriate judicial con-
duct. The use of should is an acknowledgement
that the conduct regulated in these Canons inay
impose in the judge more diseretion, and/or may
involve the conduct of others. Nonetheless, a clear
violation of any Canon in, which should is used, a
clear abuse of discretion by the judge in conforming
hhis or her conduct to any such Canons, or » clear
‘abuse of diseretion by the judge in regulating the
‘conciuct of those persons whose actions are subject

1003

DEF00220


5332

LOUISIANA
RULES OF COURT

JUN 24 1997

STATE

1996

INCLUDING AMENDMENTS RECEIVED
THROUGH Marcu 1, 1996

‘West PUBLISHING COMPANY
Sarnt PAUL, MINNESOTA

DEF00082
PORT Exhibit 1001 (I)


5342

LA ST CJC Canon 3 Page 3
Code of Jud.Conduct, Canon 3, 8 LSA-RS.

(7) A judge shail dispose of all judicial matters promptly, efficiently and
fairly.

(8) 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 bring the judiciary into disrepute, and shall require simi-
lar abstention on the part of court personnel subject to his or her direction and
control. This subsection 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.

(9) Except as herein provided a judge should prohibit broadcasting, televising,
recording, ox taking photographs in the courtroom and areas immediately adjacent
thereto at least during sessions of court or recesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographic means for the presentation of evidence,
for the perpetuation of a record for the court or for counsel, or for other pur-
poses of judicial administration:

(b) the broadcasting, televising, recording or photographing of investitive or
ceremonial proceedings;

(c) the photographic or electronic recording and reproduction of appropriate
court proceedings under the following conditions:

(i) the means of recording will not distract participants or impair the 4
of the proceedings;

nity

(4i) the parties have consented, and the consent to being depicted or recorded
has been obtained from each witness appearing in the recording and reproduction;

(441) the reproduction will not be exhibited until after the proceeding has been
concluded and all direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for instructional purposes in edu~
cational institutions.

An appellate court may permit broadcasting, televising, recording, and taking pho-
tographs of public judicial proceedings in the courtrooms of appellate courts in
accordance with the guidelines set forth in an appendix to this Canon, subject,
however, to the authority of each court and the presiding judge of each court or
panel to (a) control the conduct of proceedings before the court, (b) ensure deco-
rum and prevent distractions, and (c) ensure the fair administration of justice in
the pending cause.

B, Administrative Responsibilities.

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEFO0092


5297

CODE OF JUDICIAL CONDUCT

Canon 7

©. Financial Activities.

(1) A judge should refrain from finan
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perform-
nce of his judicial duties, exploit his judicial post
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on which he serves.

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
real estate, and engage in other remunerative activi-
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu-
tion, homestead or savings and loan association,
insurance company, public utility, and other busi-
nesses affected with a public interest.

(3) A judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he can
do so without serious financial detriment, he should
divest himself of investments and other financial
interests that might require frequent recusation,

(4) A judge or a member of his family residing in
his household should not accept any gifts or favors
which might reasonably appear as designed to af-
fect his judgment or influence his official conduct.

(5) Information acquired by a judge in his judicial
capacity should not be used or disclosed by him in
financial dealings or for any other purpose not
related to his judicial duties,

D. Arbitration. A judge should not act as an
arbitrator or mediator.

E, ExtraJudicial Appointments. A judge
should not accept appointment to a governmental
committee, commission, or other 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,
however, may represent his country, state, or local
ty on ceremonial occasions or in connection with
historical, educational, and cultural activities.

CANON 6. A JUDGE SHOULD ACCEPT
COMPENSATION FOR QUASI-JUDI-
CIAL AND EXTRA-JUDICIAL ACTIVI-
TIES ONLY UNDER RESTRICTED
CIRCUMSTANCES

A judge may receive compensation and reimburse-
ment of expenses for the quasi-judicial and extra-ju-
dicial activities permitted by this Code, if the source
of such payments does not give the appearance of
influencing the judge in his judicial duties or other-
wise give the appearance of impropriety, subject to
the following restrictions:

A. Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what,
a person who is not a judge would receive for the
same activity.

B, Expense Reimbursement. Expense reim-
bursement should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge and, where appropriate to the occasion, by his
spouse. Any payment in excess of such an amount
is compensation.

CANON 7. A JUDGE SHOULD REFRAIN
FROM POLITICAL ACTIVITY INAP-
PROPRIATE TO HIS JUDICIAL OF-
FICE

A. Political Conduct in General.

(2) A judge or a candidate for election to judicial
office should not:

(@) act as a leader or hold any office in a
political organization;

(0) make speeches for a political organization
or candidate or publicly endorse a candidate for
public office;

(c) solicit funds for or pay an assessment or
make a contribution to a political organization or
candidate, attend political gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection A(2);
(2) A judge holding an office filled by public

election between competing candidates, or a candi-
date for such office, may, only insofar as permitted
by law, attend political gatherings, speak to such
gatherings on his own behalf when he is a candidate
for election or reelection, identify himself as a
member of a political party, and contribute to a
political party or organization.

(3) A judge should resign his office when he
becomes a candidate either in a party primary or in
a general election for a non-judicial office, except
that he may continue to hold his judicial office while
being a candidate for election to or serving as a
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(4) A judge should not engage in any other politi
cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice.

B. Campaign Conduct. 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 system elec-
tion:

(@) should maintain the dignity appropriate to ju-
dicial office, and should encourage members of his

657

DEF00047


5383

Canon 2

CODE OF JUDICIAL CONDUCT

not testify voluntarily as a character witness. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
judge’s personal knowledge, serve as a reference or
provide a letter of recommendation, Letters of rec-
ommendation may be written only on private station-
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
‘but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

C. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. ‘The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinetly private associa-
tion of persons whose membership limitations would
be entitled to constitutional protection.

‘Amended and effective June 8, 1998; amended July 3, 1996,
‘effective July 8, 1996.

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office preseribed by law. In the perfor-
mance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it, A judge shall be uns-
wayed by partisan interests, public clamor, or fear of
criticism.

(2) A judge shall maintain order and decorum in
Judicial proceedings.

(8) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an officia) capacity, and
should require similar conduct of lawyers, and of staff,
court officals, and others subject to the judge's di-
rection and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
mance of judicial duties, by words or conduct manifest
bbias or prejudice, and’ shall not permit staff, court
officials or others subject to the judge's direction and
control to do so.

(5) A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

896

(6) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any case, either civil or criminal, A
judge may obtain the advice of a disinterested expert
on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond,
Where circumstances require, ex parte communica-
tions are authorized for scheduling, administrative
Purposes or emergencies that. do not deal with sub-
stantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result, of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
munications intended or calculated to influence his or
her action unless the contents are promptly made
known to all partios. Judges of appellate courta shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the publie, the
particular member of the court to whom a ease is
allotted or assigned for any purpose. Similar cireum-
speetion should be exacted on the part of court off-
cers, clerks and secretaries.

@ A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

() 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 out-
come or impair its fairness or bring the judiciary into
disrepute, and shall require similar abstention on the
part of court personnel subject to his or her direction
and control, This subsection does not prohibit judges
from making public statements in the course of their
official duties or from explaining for public informa-
tion the procedures of the court.

(9) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

Atrial judge may authorize:

(a) the use of electronic or photographie means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administrati

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

() the photographic or electronfe recording and
reproduction of appropriate court proceedings un-
der the following conditions:

() the means of recording will not distract
participants or impair the dignity of the proceed-
‘Ings;

i) the parties have consented, and the consent
to being depicted or recorded has been obtained

DEF00133


5367

CODE OF JUDICIAL CONDUCT

Canon 5

Eudes oeage of ort povntings may be
ifort Flan espe,

phomomaph or ‘torent shall rol be usd fr ener.
advertising purposes. Such use of these materials

royarda san wolf interference with the fda

proces,
VL _ Extended coverage of investitive or ceremonial proceedings at
variance with these guidelines may be authorizad by the cout.
When etended coverage a pred, ll media represents
rcs shal Hare cay the right t provide
corse st be provided by more Dan ere mea
presenta, the media colltivelyahoald dexignale one repre
sentative to coordinate with the court all maiters dealing with
extended coverage. Any pooling arrangements among the media
required by the limitations and restrictions on equipment and
personnel contained in these guidelines shall be the sole respors-
biliy of the media and tous. be made in advanoe of the. court
proceedings to be covered. Judges and court personnel wil not
mediate any dispute an to the appropriate media representative or
equipment authorized to cover a particnlar proceeding. If pooling
trrargements cannot be mae or if Ure tre rere med
Aisputes, the presiding judge may deny extended cxverage of
recesdings.
VIII. A. No more than two portable television cameras, esch oper-
ated by no more than one ed as una

physical
Ron wich deca produce igh or tracing sound wil Be
orale Videstaperesraing eauipnent which ot «compo,
‘ent part ofa television camera shal, whenever possible, be Incated
nan ares ouside he courtroom,

B._No artificial lighting device of any kind shall be emplayed in
‘connection with the talevision eamera. With the approval of the
court, rifts and adtins to esting courtroom ling
say be made provided such modifications or additions are ins
‘and maintained without public expense. Multiple videofaudio feeds
‘may be permitted but mat be provided by a videa/audio distribu.
tion system, faished bythe mad forated ove the evorrom.

TX A. No more than ane stil photograrber, using not more than
‘co suil cameras with not mare than two lenses or each camera

‘without flash or other artifical light, shall be permitted to be

phyleally in the courtroom. Stil eameras must not produce dis-

tracting sound and should produce ne grestar sound than the Leiea

M Series Rangefinder camera. Motorized fm advance systems

ibztbe erie,

‘The photographer shall be positioned in a place designated by the
rein judge ad wma in hat ares exept wien the proved
Ing is in recess. Changing of lenses or fm wil only be done
daring a recess.

X. Only one audio systein for radio broadcast purposes wil be
‘permitted in the courtroom. Audio pickup should be made from
existing audio systema in the courtroom whenever possible. If no
‘technically suitable audio system exists in the courtroom, micro
hones sn related wisn sal be poled but must be cota:

places designated in advance by the presiding
Sze.” Mati radio feeds eather than pooling eters ay be
Derma but must be proved by an audio ditibuton sytem,
Provided hy the mia, bested oxtsice the

XI When ended mete coveage nar, a jul
‘sts may bring tape rcurders ito the enurtvom end ue them fo
record proceedings so long as they do not eause any
Toumalste using pe recorders may sit stany Plee in the
faudience portion of the courtroom, bub must keep their tape
recorder on their person at all umes. Changing of tape casettes
‘lng proceedings isnot permitted and should only be done during
recess,

B

XL, A amera and ui equipment mast bin porto a at 15
‘minutes before the start ofthe preceedings and ean only be moved
samo se the pons eva or dng res

ion carnera persons and sil photographers must remain in
their designated area and are not permitted to move about the
courtroom. Television cameras and radio broadeast equipment,

195

‘once in position, may not be moved during the proceedings. Move-
‘ment by television and stil photographers should be held to a
rinimum and in no way should be distracting or call undue
sttention to the operators.

‘Camera and audio equipmant suthorized by these guidelines

shall not be operated during a recess in a court proceeding.
‘Bxtended coverage in the judicial aes of & courthouse of other
court facility is limited to proseodings in the courtroom in the
‘presence of the presiding judge.

XIV. The dignity and decorum of the court must be maintained at
all times during extended media coverage activities Court cur
toms including appropriate dress, must be followed,

XV. ‘The sone of Ue attorney’ reltonaip mst te
protected. ‘Therefore, there will be no audio recording, radio,
own, or pees ade or traieat ony eoference
between atiameys and their clien’s,beteen co-counsel of a cliant,
‘between counsel and the presiding judge when held atthe bench, of
of proceedings held in chambers. No parabolic ricrophones shall
be ased.

‘Added April 23,1985, Amended and effective June 8, 198

CANON 4
Quasi-Judicial Activities

A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

A judge, subject to the proper performance of judi-
cial duties, may engage in the following quasi judicial
activities, if in doing so the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

‘A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the lav, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal systern, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

C._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 shall
not personally solicit funds for such an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
Amended and effective June 3, 1993; amended July 8, 1996,
effective July 8, 1996.

CANON 5
Extra—Judicial Activities
A Judge Shall Regulate Extra-Judicial Activities to
jinimize
the Risk of Conflict With Judicial Duties
A, Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and

DEF00117


5376

Canon 3 App.

CODE OF JUDICIAL CONDUCT

extended coverage. Any pooling arrangements smong the redia
roped by the lntaons and restrictions on eqepment and
el contained in these guidelines shall be the sole responsi-
Ehiyot the mela and aust be made in thane of te cout
proceedings to be covered. Judges and court personnel will not
mediate any dispute as to the appropriate media representative or
‘equipment authorized to cover a particular proceeding. If pooling
arrangements cannot be made or if there are
ieputes, the presiding judge may deny extended coverage of
proceedings.

‘VIIL A. No more than two portable television cameras, each oper-
ated by no more than one camera person and postioned as unob-
trusively a8 posaible at leations approved by the court, shall be
‘permitted to be physically in the courtroom. Only television equip-
ment which does aot produce light or distracting sound will be
permitted. Videotape recording equipment which is not a compo-
nent part ofa television eamera shall, whenever possible, be located
in an area outside the courtroom.

B. No artificial lighting device of any kind shall be employed in
‘connection with the television camera. With the approval of the
cout, modifications and additions to existing courtroom lighting
may be made provided such modifications or additions are installed
and maintained without public expense. Multiple videc/mdio feeds
may be permitted but mast be provided by a video/audio distribu:
tion system, furished by the media, located outside the courtroom.

TX. A. No more than one still photographer, using not more than
two stil cameras with not more than two lensas for each camera
‘without fash or other artical light, shall be permitted to be
physically in the courtroom. Still eameras mast not produce dis-
tracting sound and should produce no greater sound than the Leica
M Series Rangefinder camera, Motarized film advance systems
wal not be permitted.

B... The photographer chall be positioned ina place designated by the
residing jutge and remain in hat area except when the proceed.
Tig is th recess Changing of lesen of Bi wil only be done
during a recs.

X. Only one audio systom for radio broadcast purposes will be
‘permitted in the courtroom. Audio pickup should be made from
exislig audio systems inthe courtroom whenever possible. f no
‘twchnically suitable audio aystem exists in the courtroom, miero-
phones ‘wiring shall be permitted but must be unobtro-
sive and located in places designated in advance by the presiding
Judge. “Multiple radio feeds rather than a pooling system may be
permitted but must be provided by an audio distribution ayster,
provided by the media, located outside the courtroom.

XL. When extended media coverage is authorized, individual journal-
fists may bring tape recorders into the courtroom and use them to
record proceedings so long as they do not eause any dlstracion.
Journalists using tape recorders may sit st any place in the
audience portion of the courtroom, but most keep thelr tape
recorder on their person at all times. Changing of tape cassettes
during proceedings isnot permitted and should only be cone during

XIL_Allcainera ard audio equipment mast be in potion et least 15
‘minates before the start of the proceedings end can only be moved
or removed after the proceedings are over or during 4 recess.
‘eerisin cumers person and sil photographers mest remain in

their designated area and are: not ut the

once in position, may not he moved during the proceedings. Mave:
ment by terion and sil peoraphee should be held to a
‘minimum and inno way shoal ing. or all un
attention to the apertos.

xulL

Extended coraye inthe judi et of
court faclity is limited to’ proceedings in the courtroom in the
presence of the presiding judge.

XIV. The dignity and decorum of the court must be maintained at
all times during extended media coverage activities. Cocrt eus-
‘toms, ineluding appropriate dress, most be followed.

‘844

XV, The confidentiality of the atiorneyictient relationship must be
protected. Therefore, there will be

e erefore thre wil be wo ai recta
levision, or tapesrecording, made oF broaAcast of any conference
betwoon tiomeys and ther ent, between co-counel aft chen

co-counsel of
between counsel and the presiding judge when held atthe bench oy
of proceedings held in ehambere. No parabolic microphones tha
be used,

‘Added April 23, 1985. Amended and effective June 3, 1953.

CANON 4
Quasi-Judicial Activit
A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

A judge, subject to the proper performance of ju
cial duties, may engage in the following quasi-judicial
activities, if in doing so the judge does not impair,
limit or restrict his or her capacity to decide impartial.
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice,

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

C. 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 shall
‘not personally solicit funds for such an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
Amended and effective June 3, 1998; amended July 3, 1996,
effective July 8, 1996.

CANON 5
ExtraJudicial Activities
A Judge Shall Regulate Extra-Judicial Activities to
Minimize
the Risk of Conflict With Judicial Duties

A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

B. Civic and Charitable Activities. A judge may
participate in civic and charitable activities that do not
Teflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or civic organization not conducted for the eco-

DEFO00126


5464

CODE OF JUDICIAL CONDUCT Canon 6

States Department of Labor, Bureau of Labor
Statistics in January each year, the limit of fifty
dollars for food, drink or refreshments shall be
increased by the same percentage as the percent-
age by which that price index is increased. The
amount of the increase shall be rounded off to the
nearest dollar. The food, drink, or refreshment
limit, shall be promulgated to judges annually by
the Supreme Court;

(@) commercial or financial opportunities and
benefits, including special pricing and discounts,
and loans from lending institutions in their regu
lar course of business, if the same opportunities
and benefits or loans are made available on the
same terms to similarly situated persons who are
not judges;

(@) rewards and prizes given to competitors or
participants in random drawings, contests, or oth-
er events that are open to persons who are not
Judges;

® scholarships, fellowships, and similar bei
fits or awards, if they are available to similarly
situated persons who are not judges, based upon
the same terms and criteria;

@) books, magazines, journals, audiovisual ma-
terials, and other resource materials supplied by
publishers on a complimentary basis for official
use;

(h) gifts, awards or benefits associated with the
business, profession, or other separate activity of
a spouse or immediate family member residing in
the judge's household but that incidentally bene-
fit the judge; or

( complimentary admission to a political event,
if in compliance with this Code of Judicial Con-
duet, Canon 7.

@) If not in violation of Canon GBC), a judge
may accept the following, and must report’ such
acceptance, subject to Canon 6C(2)(a):

(a) gifts incidental to a public testimonial;

(b) invitations to the judge and the judge's
spouse or guest to attend without charge:

(@ an event associated with a bar-related
function or other activity relating to the law,
the legal system, or the adininistration of jus-
tice; or

Gi) an event associated with any of the
judge's educational, religious, charitable, frater-
nal or civic activities permitted by this Code of
Judicial Conduct, if the same invitation is of-
fered to non-judges who are engaged in similar
ways in the activity as is the judge;

(© complimentary admission to a civie, non-
profit or educational event when the judge is a
program honoree, is a speech presenter, or is a
panel member; oF

(a) any fishing trip, hunting trip, or golf outing
only if such trip or outing is associated with a
candidate's, elected official's or organization's
fundraising event open to the general publie,

(8) The provisions of Canon 6B(3)(c) shall not
apply to a gathering held in conjunction with an

913

event or meeting related to a local, regional, or
national organiza ion concerning the law, the legal
‘system or the administration of justice, or a meeting
of an organization of governmental officials or em-
ployees.

(6) A contribution to a judge’s campaign commit-
tee organized pursuant to Canon 7D is not a gift for
purposes of Canon 6.
€. ANNUAL REPORTING REQUIREMENTS:

(1) Compensation and Expens

(a) A judge shall report annually all compensa-
tion and expenses received in connection with any
quasi-judicial activity of the judge when the
amount received for any such quasi-judicial activi-
ty exceeds $500 and is paid for by any individual,
Professional organization or association, including

w-related groups, or any business organization
or association.

(b) The judge's report shall be filed in the
Office of the Judicial Administrator of the Su-
preme Court of Louisiana on or before May 15%
of each year, for the preceding calendar year, and
the report shall be subject to public inspection,
In the report the judge shall list the name of the
payor/donor, the date, the place and the nature of
the quasi-judicial activity.

(©) A judge shall file initial and annual disclo-
sure statements with the Office of the Judicial
Administrator of the Supreme Court of Louisiana
if the judge derives directly, or through a legal
entity of which he/she owns ten percent or more,
anything of economic value, when that value ex-
ceeds $2,500, from a contract or subcontract
which is related to 2 disaster or emergency de-
clared by the governor, and when the judge
knows or reasonably should know the contract or
subcontract is or may be funded or reimbursed in
whole or in part with federal funds.

Initial disclosure statements shall be due on or before
March 1, 2006, or within 15 days after the judge or
legal entity enters into such a contract or subcontract,

ichever occurs later. ‘Thereafter, annual disclosure
statements are cue on or before May 16'%. Disclosure
statements shall be subject to public inspection,
Disclosure statements shall contain the following in-
formation:

(i) The name, business address and office held
by the judge;

Gi) If through a legal entity,

(1) the name and business address of the
legal entity;
(2) the percentage of the judge's ownership
interest in the legal entity;
() the position, if any, held by the judge in
the legal entity;
The nature of the contract or subcontract,
including:

(1) the amount of the contract or subcon-
tract;

2) a description of the goods or services
provided or to be provided pursuant to the
contract or subcontract;

DEF00214


5381

LOUISIANA
RULES OF CouRT

STATE

2001

INCLUDING AMENDMENTS RECEIVED
THROUGH May 1, 2001

ys
‘WEST GROUP

ATHOMSON COMPANY:

DEF00131
PORT Exhibit 1004 (q)


5476

CODE OF JUDICIAL CONDUCT

Canon 6

(6) A contribution to a judge's campaign commit-
tee organized pursuant to Canon 7D is not a gift for
purposes of Canon 6.

C. Annual Reporting Requirements

(1) Compensation and Expenses.

(2) A judge shall report annually all compensa-
tion and expenses received in connection with any
quasi-judicial activity of the fudge, when the
amount received for any such quasi-
fy exceeds $500 and is pald for by any invidual,
professional organization or association, including
law-related groups, or any business organization
or association.

(b) The judge's report shall be filed in the
Office of the Judicial Administrator of the Su-
preme Court of Louisiana on or before May 15°
of each year, for the preceding calendar year, and
the report shall be subject to public inspection,
In the report the judge shall list the name of the
payor/donor, the date, the place and the nature of
the quasi-judicial activity.

(©) A judge shall file initial and annual disclo-
sure statements with the Office of the Judicial
Administrator of the Supreme Court of Louisiana
if the judge derives directly, or through a legal
entity of which he/she owns ten percent or more,
anything of economie value, when that value ex:
ceeds $2,500, from a contract or subcontract
which is related to a disaster or emergency de-
clared by the governor, and when the judge
kmows or reasonably should know the contract or
subcontract is or may be funded or reimbursed in
whole or in part with federal funds.

Initial disclosure statements shall be due on or
before March 1, 2006, or within 15 days after the
judge or legal entity enters into such a contract or
subcontract, whichever occurs later. Thereafter,
annual disclosure statements are due on or before
May 15!" Disclosure statements shall be subject to
public inspection.

Disclosure statements shall contain the following
information:

(@ The name, business address and office held
by the judges

(i) If through a legal entity,

(3) the name and business address of the
legal entity;

(2) the percentage of the judge's ownership
intevest in the legal entity;

(@) the position, if any, held by the judge in
the legal entity;

(ii) The nature of the contract or subcontract,
including:

(1) the amount of the contract or subcon-
tract;

(2) a description of the goods or services
provided or to be provided pursuant to the
contract or subcontract;

(iv) The amount of income or value of anything
of economic value to be derived or, if the actual
amount is unknown at the time the statement is
due, the amount reasonably expected to be de-
rived by the judge from the contract or subcon-
tract.

Any judge who is subject to the provisions of this
‘subpart shall be required to file annual disclosure
statements until a disclosure statement is fled after
the completion of the contract or subcontract. sub-
ject to disclosure, or until the judge vacates his/her
Judicial office, whichever oceurs first. Annual dis-
closure statements shall not be required for the
receipt of things of economic value pursuant to
contracts or subcontracts entered into prior to the
judge taking office; however, if a judge receives or
reasonably expects to receive a thing of economic
value otherwise required to be disclosed by this
subpart pursuant to the renewal of such a contract
or subcontract occurring after the judge takes of-
fice, the judge shall file a disclosure statement, no
later than 15 days after such renewal.

@) Gifts, Loans, Bequests, Benefits, Favors or
Other Things of Value.

(a) When public reporting is required by Can-
on 6B(4), a judge shall publiely report annually all
gifts, loans, bequests, benefits, favors or other
things of value accepted by the judge when the
value of such items, alone or in the aggregate
with other items received from the same source in
the same calendar year, exceeds $250.

(b) The judge's report shall be filed in the
Office of the Judicial Administrator of the Su-
preme Court of Louisiana on or before May 15
of each year, for the preceding calendar year, and
the report shall be subject to public inspection.
In the report the judge shall list the name of the
payor/donor, the date, the place and the deserip-
tion of any gift; loan, bequest, benefit, favor or
other thing of value accepted.

Amended and effective June 3, 1993; amended July 3, 1996,

effective July 8, 1996; amended Nov. 11, 1996, effective July

8, 1996; amended Dee. 6, 2005, effective Jan. 1, 2006; amend-

ed Jan. 10, 2006, effective Feb. 1, 2006; amended March 26,

2008, effective Jan. 1, 2009; amended Dee. 17, 2008, effective

Jan. 1, 2009.

Historical Notes

Senate Resolution No. 6 of the 2008 First Extraordinary Seasion
provided

“WHEREAS, Article V of the Louisiana Constlttion of 1974 sets
forth the powers and duties ef the judicial branch of government; and

“WHEREAS, in such Article the state supreme court is vested with
‘general eupervitory jurstition over all other courts; and

“WHEREAS, the super court is frther vere. with excise
original jurisicton in jude! disipinary proceedings;

SSPEEREAS tn day comin ten peril oc:
mendations tothe supreme court concerning discipline of judges: and

“WHEREAS, the supreme court, pursuant to its supervisory au-
hovty over all lower courts, has adopted the Code of Judicial
Conduct; and

1009

DEF00226


5

CODE OF JUDICIAL CONDUCT

405

Canon 7

INT
A Sudge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity

A. Political Conduct in General.

() A judge or judicial candidate shall not:

(@) act as a leader or hold any office in a political
organization;

(b) publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of 2 political organi-
zation or a candidate for public office;

(@) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B. Campaign Conduct.

1) A judge or judicial candidate:

(@) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
integrity and independence of the judiciary, and
should encourage the 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 should
discourage other employees and officials subject to
the candidate’s direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit. any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

(@) shall not

@) make pledges or promises of conduct. in
office other than the faithful and impartial perfor-
‘mance of the duties of the office;

(ii) make statements that commit or appear to
commit the candidate with respect to cases, con-
troversies, or issues that are likely to come before
the court;

) knowingly misrepresent the identity, quali-
fications, present position or other fact concern-
ing the candidate or an opponent; or

(Gv) while a proceeding is pending or impending
jin any court, make any public comment that
might reasonably be expected to affect its out-
come or impair its fairness.

(e) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1)(2.

C. AJudge or a Judicial Candidate May:

() At any time

(a) attend political gatherings:
() identify himself or herself as a member of a
political party;

(2) During his or her candidacy

(a) speak to gatherings on his or her own behalf;

(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;

(©) distribute pamphlets or other promotional
campaign literature supporting his or her candida-
oy

(d) contribute to a political organization and/or be
included on a political ticket or endorsement.

D. Campaign Committees

(2) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
staied support.

(@) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coercion nay be ap-
plied in such solicitation.

() Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than two years before the primary election,
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
‘guished, post-election campaign contributions may not
be solicited or accepted.

(@) A candidste shall not use or permit the use of
campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
Jater than six months afver any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campaign contributors or by donation to a
charitable organization. ‘The judge or judicial eandi-
date may retain campaign funds in the following
amounts proportionate to the population of the judge's
or judicial candidate's election distri

Population of | Amount of Campaign Funds
Election District “That May Be Retained

Below 25,000 x
$ 50,000
$ 75,000

25,000-100,000
100,001-200,000
943

DEFO00155


5409

LOUISIANA
RuLes oF Court

STATE

JUL 09 2004

2004

IncLupinc AMENDMENTS RECEIVED
TuroucH May 1, 2004

Incuupes Ruzss ror Loutstana District Courts,
AND NumBeaine Systems ror Lourstana FaMiLy
anp Domestic RELations CouRTS AND JUVENILE COURTS

THOMSON
hr

West
Mat #40219536 DEF00159

PORT Exhibit 1001 (t)


5253

Canon 3

(6) A judge should abstain from public comments
about a pending or impending proceeding in any
court, and should require similar abstention on the
part of court personnel subject to his direction and
control, This subsection 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

(1) A judge should prohibit broadcasting, televis-
ing, recording, or taking photographs in the court-
room and areas immediately adjacent thereto at
least during sessions of court or recesses between
sessions, except that a judge may authorize:

(a) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(0) the broadcasting, televising, recording, or
photographing of investitive or ceremonial pro-
ceedings;

(© the photographie or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

( the means of recording will not distract
participants or impair the dignity of the pro-
ceedings;

(ii) the parties have consented, and the con-
sent to being depicted or recorded has been
obtained from each witness appearing in the
recording and reproduction;

(ii) the reproduction will not be exhibited un-
til after the proceeding has been concluded and
all direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only
for instructional purposes in educational institu-
tions.

B. Administrative Responsibilities

(1) A judge should diligently discharge his admin-
istrative responsibilities, maintain professional com-
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials.

(2) A judge should require his staff and court
officials ‘subject to his direction and control to ob-
serve the standards of fidelity and diligence that
apply to him.

(@) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for
unprofessional conduct of which the judge may be-
come aware

(4) A judge should not make unnecessary appoint-
ments. All appointments should be made on an
impartial basis, with a view of selecting competent
persons of good moral character. He should avoid
appointments which tend to create suspicion of itn-
propriety. He should not approve compensation of

48

CODE OF JUDICIAL CONDUCT

appointees beyond the fair value of services ren-
ered.

C. Recusation
‘The recusation of judges is governed by law.

CANON 4

‘A Judge May Engage in Activities to
Improve the Law, the Legal System,
and the Administration of Justice

A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not cast
doubt on his capacity to decide impartially any issue
that may come before him

A. He may speak, write, leeture, teach, and par-
ticipate in other activities concerning the law, the
legal system, and the administration of justice.

B. He may appear at a public hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con-
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice.

C. He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice. He may
assist such an organization in raising funds and
may participate in their management and invest
ment, but should not personally participate in public
fund raising activities. He may make recommenda-
tions to the public and private fund-granting agen-
cies on projects and programs concerning the law,
the legal system, and the administration of justice.

CANON 5

‘A Judge Should Regulate His Extra-Judicial
Activities to Minimize the Risk of Conflict
with His Judicial Duties

A. Avocational Activities

A judge may write, lecture, teach, and speak on
non-legal subjects, and engage in the arts, sports,
and other social and recreational activities, if such
vocational activities do not detract from the dignity
of his office or interfere with the performance of
his judicial duties.
B. Civic and Charitable Activities

A judge may participate in civic and charitable
activities that do not reflect adversely upon his
impartiality or interfere with the performance of his
judicial duties. A judge may serve as an officer,

DEF00003


5399

LOUuISIANA
RULES OF CouRT

STATE

2003

Inciupinc AMENDMENTS RECEIVED
Turoucn May 1, 2003

Inctupes Ruues For Lovtstana Disraicr Courts,
AND NuMBERING SysTems FoR LOUISIANA FAMILY
np Domestic ReLations Courts AND JUVENILE CouRTS

THOMSON

West
Mat #40075802

DEF00149

PORT Exhibit 1001 (s)


5360

CODE OF JUDICIAL CONDUCT

Canon 7

CANON 7
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity
A. Political Conduct in General.
(1) A judge or judicial candidate shall not:

(@) act as a leader or hold any office in a political
organization;

(b) publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of a political organi-
zation or a candidate for public office;

(@) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B. Campaign Conduct.
(1) A judge or judicial candidate:

(a) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
integrity and independence of the judiciary, and
should encourage the 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;

(©) shall prohibit employees and officials who
serve at the pleasure of the candidate, and should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(c) except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is,
prohibited from doing under this Canon;

@ shall not

(@ make pledges or promises of conduct in
office other than the faithful and impartial perfor-
‘mance of the duties of the office;

(i) make statements that commit or appear to
commit the candidate with respect to cases, con-
troversies, or issues that are likely to come before
the court; or

(ii) knowingly misrepresent the identity, quali-
fications, present position or other fact concern-
ing the candidate or an opponent.

(©) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1)(@).
©. A Judge or a Judicial Candidate May:

(1) At any time

(a) attend political gatherings;

(b) identify himself or herself as a member of a
political party;

749

@) During his or her candidacy
{@) speak to gatherings on his or her own behalf;
(©) appear in newspaper, television or other me-

dia ents supporting his or her candidacy;
(©) distribute pamphlets or other promotional
campaign literature supporting his or her candida-
oy
(@) contribute to a political organization and/or be
included on a political ticket or endorsement.

D. Campaign Committees

(1) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
stated support.

(2) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept. campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her eandidacy.
However, no undue pressure or coercion may be ap-
plied in such solicitation.

(3) Such committees are not prohibited from solicit-
‘ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than two years before the primary election.
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campaign contributors or by donation to a
charitable organization. The judge or judicial candi-
date may retain campaign funds in the following
amounts proportionate to the population of the judge’s
or judicial eandidate's election distret:
Amount of

Funds

Over 400,000

DEF00110


5320

Canon 3 App.

CODE OF JUDICIAL CONDUCT

ment which is not a component part of a television
camera shall, whenever possible, be located in an area
outside the courtroom.

B. No artificial lighting device of any kind shall be
employed in connection with the television camera.
With the approval of the court, modifications and
additions to existing courtroom lighting may be made
provided such modifications or additions are installed
and maintained without public expense, Multiple vid-
ec/audio feeds may be permitted but must be provided
by a video/audio distribution system, furnished by the
media, located outside the courtroom.

IX. A. No more than one still photographer, us-
ing not more than two still cameras with not more
than two lenses for each camera without flash or other
artificial light, shall be permitted to be physically in
the courtroom. Still cameras must not produce dis-
‘tracting sound and should produce no greater sound
than the Leica M Series Rangefinder camera. Motor-
ized film advance systems will not be permitted.

B, The photographer shall be positioned in a place
designated by the presiding judge and remain in that
area except when the proceeding is in recess. Chang-
ing of lenses or film will only be done during a recess.

X. Only one audio system for radio broadcast pur-
poses will be permitted in the courtroom. Audio
pickup should be made from existing audio systems in
the courtroom whenever possible. If no technically
suitable audio system exists in the courtroom, micro-
phones and related wiring shall be permitted but must
be unobtrusive and located in places designated in
advance by the presiding judge. Multiple radio feeds
rather than pooling system may be permitted but
must be provided by an audio distribution system,
provided by the media, located outside the courtroom.

XI. When extended media coverage is authorized,
individual journalists may bring tape recorders into
the courtroom and use them to record proceedings s0
long as they do not cause any distraction. Journalists
using tape recorders may sit at any place in the
audience portion of the courtroom, but must keep
their tape recorder on their person at all times.
Changing of tape cassettes during proceedings is not
permitted and should only be done during a recess.

XL All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed after
the proceedings are over or during a recess. Televi-
sion camera persons and still photographers must
‘remain in their designated area and are not permitted
to move about the courtroom. Television cameras and
radio broadcast equipment, once in position, may not
be moved during the proceedings. Movement by
television and still photographers should be held to a
minimum and in no way should be distracting or call
undue attention to the operators.

XMIL Camera and audio equipment authorized by
these guidelines shall not be operated during a recess

692

in a court proceeding. Extended cover: i
judicial area of a courthouse or other court fasity
limited to proceedings in the courtroom in the pres.
ence of the presiding judge.
‘XIV, The dignity and decorum of the court
be maintained at at times during extended ‘meds
coverage activites. Court customs, includ
priate dress, must be followed. me SPPro-
XV. The confidentiality of the attorney/lient ree-
tionship must be protected. Therefore, there will be
no audio recording, radio, television, or tape-record.
ing, made or broadcast of any conference between
attorneys and their clients, between eocounsel of a
client, between counsel and the presiding judge when
held at the bench, or of proceedings held in chambers.
No parabolic microphones shall be used.

‘Adopted April 23, 1985; amended and effective June 8, 1993,

CANON 4
A Judge May Engage in Activities to Improve
the Law, the Legal System, and the
Administration of Justice

A judge, subject to the proper performance of judi-
cial duties, may engage in the following quasi-judicial
activities, if in doing so the judge does not east doubt
on his or her capacity to decide impartially any issue
that may come before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an cxecutive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but. only on
matters concerning the administration of justice.

©. 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

‘cipate in their management and investment, but
should not personally participate in public fund raising
activities. A judge may make recommendations to the
public and private fund-granting agencies on projects
and programs concerning the law, the legal system,
and the administration of justice.

Amended and effective June 3, 1998.

CANON 5.

A Judge Should Regulate Extra~
Judicial Activities to Minimize the Risk of
Conflict With Judicial Duties

‘A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and

DEF00070


5306

Canon 7

CODE OF JUDICIAL CONDUCT.

(©) solicit funds for or pay an assessment or
make a contribution to a political organization or
candidate, attend politieal gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection A(2);
(A judge holding an office filled by public

election between competing candidates, or a candi-
date for such office, may, only insofar as permitted
by law, attend political ings, speak to such
gatherings on his own behalf when he is a candidate
for election or re-election, identify himself as a
member of a politieal party, and contribute to a
political party or organization.

(8) A judge should resign his office when he
becomes a candidate either in a party primary or in
general election for a non-judicial office, exce
that he may continue to hold his judicial office whi
being a candidate for election to or serving a8 a
delegate in a state constitutional convention, if he is
otherwise permitted by law to do 80.

(4) A judge should not engage in any other politi-

cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice.

B, Campaign Conduct. 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 system elec-
tion:

{a) should maintain the dignity appropriate to ju-
dicial office, and should encourage members of his
family to adhere to the same standards of political
conduct that apply to him;

(b) should prohibit public officials or employees
subject to his direction or control from doing for
him what he is prohibited from doing under this
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(c) should not make pledges or promises of con-
duct in office other than the faithful and impartial

formance of the duties of the office; announce
iis views on disputed legal or political issues; or
misrepresent his identity, qualifications, present po-
sition, or other
Amended June 28, 1983.

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT
Anyone, whether or not a lawyer, who is an
officer of a court of record performing judicial
functions, including an officer such as a judge ad
hoe, referee, special master, court commissioner, or
magistrate, ‘and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All

judges should comply with this Code except as
provided below.

A. Part-Time Judge. A parttime judge is
judge 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.

‘A parttime jud,

(1 i not required to comply with Canon 5C(®,

2 should not practice law in the court on which
he serves or in any court subject to the appellate
jurisdiction of the court on which he serves, or act
‘as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to.

B. Judge Pro Tempore. A judge pro tempore
iss pero whois appointed to act temporary a8 a
Judge.

(1) While acting as such, a judge pro tempore is
not required to comply with Canon 5C(2), 5C(8), 5D,
and 5E.

@ A person who has been a jud tempore
should not act as a lawyer in a ig in which
he has served as a judge or in any other proceeding
related thereto.

C. Retired Judge. A retired judge is not gov-
emed by the provisions of this Code, except when
he is sitting by assignment and then he shall be
subject to the rules applicable to a judge pro tem-
pore.

Amended Oct. 29, 1982.

COMMITTEE ON JUDICIAL ETHICS

‘To the end that these canons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judiciary
related to the interpretation of these canons, the
Supreme Court Committee on Judicial Ethics is
hereby created. ‘The function of this Committee
shall be limited to the issuance of advisory opinions
on its own motion or in response to inquiries from
any judge insofar as these canons may affect him.

‘The Committee shall consist of nine members, as
follows:

(a) The Chief Justice and one other member of
the Supreme Court;

(b) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal
Tudge;

(©) The President of the District Judges Associa-
tion and one other District Judge;

(@) The President of the City Judges Associati

(e) The Judicial Administrator; and

682

DEFO0056


5427

LOUISIANA
RULES OF Court

STATE

2006

Incuupes Rutes For Louisiana Districr Courts,
AND NuMBERING SysTeMs FoR LOUISIANA FAMILY
anp Domestic ReLations Courts AND JUVENILE CouRTS

Mat #40405478

ALAW LIBRARY OF LOUISIANA

DEF00177
PORT Exhibit 1001 (v)


5355

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976

Including Amendments Received Through
May 1, 1998

Research Note
Use WESTLAW to foi oases citing a rule. WESTLAW may also be

to search for

used
to update a rule; see the LA-RULES

nd LA-DRDERS Scope Sereens for further xformation

Amendments to these rules are published, as received, in Southern
Reporter 2d and Louisiana Cases advance sheets.

Canon

CANON 1. A Judge Shall Uphold the Integrity and Inde-
pendence of the Judiciary.

CANON 2. A Judge Shall Avoid Impropriety and the Ap-
pearance of Impropriety in All Activities.

CANON 3. A Judge Shall Perform the Duties of Office
Impartially and Diligently.

Appendix to Canon 3. Guidelines for Extended

‘Media Coverage of Proceedings in Appellate
c .

CANON 4. Quasi-Judicial Activities. A Judge May Engege
‘in Quasi-Judicial Activities to Improve the
Law, the Legal System, and the Administes-
tion of Justice.

CANON 5. ExtravJudicial Activities. A Judge Shall Regu-
ate Extra-Judicial Activities to Minimize the
Risk of Confliet With Judicial Duties.

CANON 6, ion or Gifts

A Je Shall Accept Compensat

ties
CANON 7. A Judge Or Judicial Candidate Shall Refrain
From Inay Political Activity.
COMPLIANCE WITH THE CODE OF JUDICIAL
CONDUCT.
COMMITTEE ON JUDICIAL ETHICS.

Adoption of Code
The following new Canons, effective January 1, 1976,
‘were by the Supreme Court of Louisiana
on March 5, 1975, to replace the Canons of Judi-
cial Ethics adopted October 13, 1960.

CANON 1
A Judge Shall Uphold the Integrity and Indepen-
dence of the Judiciary

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should

participate in establishing, maintaining, and enforcing,
and shall personally observe, high standards of con”
duct so that the integrity and independence of the
Judiciary may be preserved. The, provisions of this
Code are to be construed and a ther that
objective. As a necessary corel judge must
be protected in the exercise of j pendence.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which can result in
disciplinary action.

‘When “should” is used, the text is intended to
instruct judges concerning appropriate judicial con-
duet. |The use of should is an_ acknowledgement
that ‘the conduct reguleted in these Canona may
impose in the judge more diseretion, and/or may
involve the conduet of others. Nonetheless, a clear
violation of any Canon in which should is used, a
clear abuse of discretion by the judge in conforming
his or her conduct to any such Canons, or clear
abuse of discretion by the judge in regula
conduct of those persons whose actions are su
tothe fdge'sdreclon and anise, may alee est
in judicial discipline.

CANON 2
A Judge Shall Avoid Impropriet
ance of Impropriety in All

A. A judge shall respect. and comply rth the lw
and shail 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 judicial conduct or
Judgment, A judge shall not lend the prestige of
Judicial office to advance the private interest of the
Judge or others; nor shall 2 judge convey or permit

nd the Appear.

744

DEF00105


5280

Canon 3

language which might indicate to counsel, litigants
or any member of the public, the particular member
of the court to whom a case is allotted or assigned
for any purpose. Similar cireumspection should be
exacted on the part of court officers, clerks and
secretaries,

(6) A judge should dispose promptly of the busi-
ness of the court.

(6) A judge should abstain from public comments
about a pending or impending proceeding in any
court, and should require similar abstention on the
part of court personnel subject to his direction and
control. This subsection 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,

(1) Exeept as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediate-
ly adjacent thereto at least during sessions of court,
or recesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or
photographing of investitive or ceremonial pro-
ceedings;

(©) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

() the means of recording will not distract
participants or impair the dignity of the pro
ceedings;

(ii) the parties have consented, and the con-
sent to being depicted or recorded has been
obtained from each witness appearing in the
recording and reproduction;

(ii) the reproduction will not be exhibited un-
til after the proceeding has been concluded and
all direct appeals have been exhausted; and

yv) the reproduction will be exhibited only

{for instructional purposes in educational institu-

tions.

‘An appellate court may permit broadcasting, tele-
vising, recording, and taking photo.raphs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) contro! the conduct of
proceedings before the court, (b) ensure decorum
and prevent distractions, and (c) ensure the fair
administration of justice in the pending cause,

52

CODE OF JUDICIAL CONDUCT

B, Administrative Responsibilities.

(Q) A judge should diligently discharge his admin.
istrative responsibilities, maintain professional com,
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials.

(2 A judge should require his staff and cour,
officials ‘subject to his direction and control to ob.
serve the standards of fidelity and diligence that
apply to him,

(8) A judge should take or initiate appropriate
disciplinary measures against a judge or Iawyer for
unprofessional conduct of which the judge may be
come aware.

(4) A judge should not make unnecessary appoint
ments. All appointments should be made on a
impartial basis, with a view of selecting competent
persons of good moral character. He should avoid
appointments which tend to create suspicion of im
propriety. He should not approve compensation of
appointees beyond the fair value of services ren
dered,

C. Reousation. The recusation of judges is gor
ered by law.

Amended April 23, 1985.

APPENDIX TO CANON 3.
GUIDELINES FOR EXTENDED MEDIA
COVERAGE OF PROCEEDINGS IN
APPELLATE COURTROOMS

I. As used in these guidelines,

A. “Extended coverage” means any recording
or broadcasting by the news media of court proceed
ings using television, radio, photographic or recor
ing equipment.

B. “Presiding Judge” means the Chief Justice
of the Supreme Court of Louisiana, the Chief Judge
of a Court of Appeal, or the senior judge of a pane
of which the Chief Justice or Chief Judge is not
member.

©, “Proceeding” means any hearing, motion, ar
gument on appeal or other matter held in open court
which the public is entitled to attend.

D. “Party” means a named litigant of record
who has appeared in the case, and includes a party’t
counsel of reco:

E. “Media” means legitimate news gathering
and reporting agencies and their representatives.

F. “Court” means an appellate court and im
cludes the Supreme Court of Louisiana and the
Courts of Appeal of the several circuits.

Il. All extended media coverage of court pro
ceedings shall be governed by the principle that the
decorum and dignity of the court, the courtroom
and the judicial process will be maintained at all
times. Resolution of any question of coverage of

DEF00030


5276

CODE OF JUDICIAL CONDUCT

jal dealings or for any other purpose not
fed to is judicial duties.

‘D. Arbitration. A judge should not act as an
arbitrator or mediator. :

‘E, Extrajudicial Appointments. A judge
should not accept appointment to a governmental
shtmmittee, commission, or other position that is
oom ‘with issues of fact or policy on matters
Sher than the improvement of the law, the legal
system, or the administration of justice. A judge,
fowever, may represent his country, state, or locali-
ty on ceremonial occasions or in connection with
Hstorical, educational, and cultural activities.

CANON 6. A JUDGE SHOULD ACCEPT
COMPENSATION FOR QUASI-JUDI-
CIAL AND EXTRA-JUDICIAL ACTIVI-
TIES ONLY UNDER RESTRICTED
CIRCUMSTANCES.

‘A judge may receive compensation and reimburse-
ment of expenses for the quasi-judicial and extra-ju-
dicial activities permitted by this Code, if the source
of such payments does not give the appearance of
{influencing the judge in his judicial duties or other-
wise give the appearance of impropriety, subject to
the following restrictions:

‘A. Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what
a person who is not a judge would receive for the
same activity.

B, Expense Reimbursement. Expense reim-
bursement should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge and, where appropriate to the occasion, by his
spouse. Any payment in excess of such an amount
is compensation.

CANON 7. A JUDGE SHOULD REFRAIN
FROM POLITICAL ACTIVITY INAP-
PROPRIATE TO HIS JUDICIAL OF-
FICE

A. Political Conduct in General
(1) A judge or a candidate for election to ju
office should 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
Publie office;

(©) solicit funds for or pay an assessment or
make a contribution to a political organization or
candidate, attend political gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection A(2};

ial

55

Compliance

(2) A judge holding an office filled by public
election between competing candidates, or a candi-
date for such office, may, only insofar as permitted
by law, attend political gatherings, speak to such
gatherings on his own behalf when he is a candidate
for election or reelection, identify himself as 2
member of a political party, and contribute to a
political party or organization.

(8) A judge should resign his office when he
becomes a candidate either in a party primary or in
a general election for a non-judicial office, except
that he may continue to hold his judicial office while
being a candidate for election to or serving as a
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(4) A judge should not engage in any other politi-
cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice,

B. Campaign Conduct, 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 aystem elec-

tion:
his
cal

(a) should maintain the dignity appropriate to
dicial office, and should encourage members of
family to adhere to the same standards of
conduct that apply to him;

(®) should prohibit. public officials or employees
subject to his direction or control from doing for
him what he is prohibited from doing under this
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(©) should not make pledges or promises of con-
duct in office other than the faithful and impartial
performance of the duties of the office; announce
his views on disputed legal or political issues; or
misrepresent his identity, qualifications, present po-
sition, or other fact.

Amended June 28, 1983.

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT

Anyone, whether or not a lawyer, who is on
officer of a court of record performing judicial
functions, including an officer such es a judge ad
hoe, referee, special master, court commissioner, or
magistrate, and anyone who is a justice of the
peace, is 2 judge for the purpose of this Code. All
judges should comply with this Code except as
provided below.

A. Part-time Judge. A parttime judge is a
judge who serves on a continuing or periodic basis,
but is permitted by law to devote time to some other

DEF00026


5359

Canon 5

CODE OF JUDICIAL CONDUCT

B. Civic and Charitable Activities. A judge may
participate in civic and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or civie organization not conducted for the eco-
nomic or political advantage of its members, subject to
the following limitations:

(1) A judge shall not serve if the judge knows, or
should know, 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.

@) A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civie organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
However, it shall not be a violation of this Canon for a
judge to privately solicit funds for the judge's local
church from a local church member. A judge should
not be a fund raising speaker or the guest of honor at
an organization's fund raising events, but may attend
such events.

C. Financial Activities.

(@) A judge shall refrain from finaneial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
judicial duties, exploit the judge's judicial position, or
Involve the judge in frequent transactions with law-
ryers or persons likely to come before the court on
Which he or she serves

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, includi
real estate, and engage in other remunerative activity
Dut shall not serve as an officer, director, manager, ar
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utlity, and other businesses affected with a
public interest.

(G) A judge should manage investments and other
financial interests to minimize the number of eases in
which he or she is disqualified. As soon as a judge
can do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
recusation.

(4) Information acquired by a judge in his or her
judicial capacity shall not be used or disclosed by the
judge in financial dealings or for any other purpose
not related to judicial duties.

D. Service as Arbitrator or Mediator. A judge
shail not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

BE. Extra-Judicial Appointments. A judge shall
not aecept appointment to a governmental committee,

48

commission, or other 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, however, may
represent his or her county, state, or locality on
ceremonial oceasions or in connection with historical,
educational, and cultural activities.

Amended and effective June 3, 1998; amended July 3, 1996,
effective July 8, 1996.

CANON 6
‘A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted
Circumstances

A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the souree of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:

A. Compensation. Compensation for quasi-judi-
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not
exceed what a person who is not a judge would receive
for the same activity,

B, Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
occasion, hy his or her spouse. Any payment in
excess of such an amount is compensation.

C. Gifts. A judge, a judge’s spouse, or a member
of the judge’s immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect the
judgment of the judge or influence the judge's official
conduct.

D. Annual Reports.

(2) A judge shall report annually all compensation
‘and expenses received in connection with any quasi-
judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $250 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association.

@) The judge's report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 3lst of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. In the report the Judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasi-judicial activity.
‘Amended and effective Jane 3, 1998; amended July 3, 1996,
‘effective July 8, 1996; amended Nov. 11, 1996, effective July
8, 1996

DEF00109


5416

Canon 7

CODE OF JUDICIAL CONDUCT.

F. Other Political Activity. 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, or as expressly author-
ied by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A success-
ful eandidate, whether or not an incumbent, is subject
to judicial discipline for his or her eampaign 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 Rule 82(a) and (b) of the Louisiana Rules of
Professional Conduct.

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
with the election or appointment authority, or author-
izes solicitation or acceptance of contributions or sup-
port, whichever occurs first. The term “candidate”
‘has the same meaning when applied to a judge seek-
ing election to judicial or non-judicial office.

1. Candidacy for Non-Judicial Office. A judge

shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judieial office, except that a 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 other-
wise permitted by law to do so.
Amended June 28, 1983; Amended and effective June 3,
1998; amended July 3, 1996, effective July 8, 1996; amended
and effective July 1, 1997; amended March 13, 2002, effective
“April 15, 2002.

Court Commentary Regarding 2002
Amendment to Canon 7

The 2002 amendment to Canon TBQXA) of the
Code of Judicial Conduct, concerning public com-
ments about pending or impending proceedings, is
not intended to apply to in-court comments by
lawyer candidates, or comments regarding 4 case of
proceeding that the lawyer candidate is participat-
{ng in. Comments by a lawyer candidate regarding
f proceeding that the lawyer candidate is participat-
ing in, or & proceeding in which an associate of the
lawyer eandidate is participating in, are governed
by Rule 86 of the Louisiana Rules of Professional
Conduct.

COMPLIANCE WITH THE CODE
‘OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
ing judicial functions, including an officer such as a
judge ad hoc, judge pro tempore, referee, special
aster, court commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice

of the peace, is a judge for the purpose of this Code.
Al! judges shall comply with this Code.

‘A. Part-Time Judge. A parttime judge is a
judge 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.

A part-time judge:

(2) is exempt from Canons 5C(2), 5D, and 5E;

(2) shall not practice law in the court on which he
or she serves or in any court subject to the appellate
jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoc is a person
who is appointed to act with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hoc is not required to comply with Canons 5C(2),
5C@), 5D, and SE,

(2) A person who has been a judge ad hoe or judge
ppro tempore shall not act as s lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto,

C. Retired Judge. A retired judge is not gov-
cerned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempare
and ad hoc,

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C@2),
5D, and SE.

Amended Oct. 28, 1982; Amended and effective June 3, 1993,
amended July 3, 1996, effective July 8, 1996.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Bthics is hereby created. ‘The
function of this Committee-shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

DEFO0166


5419

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976

Including Amendments Received Through May 1, 2005

Research Note

Use Westlaw to find case citing a rule Westlaw may also be used to
search for specific terms or to update a rule; see the LA-RULES
and LA-ORDERS Scope Screens for further information.

Amendments to these rales are published, as received, in Southern
Reporter 24 and Louisiana Cases advance sheets.

of the Ju
2% A Judge Shall Avoid Impropty und the Appearance
3.

1A Jae Shall Uphold the Integrity and Independence
idiciary.

of Tmmpropriety in All Activit
A Sage Stal arn te Di of tex Inpry

Diligently.

4. Qam-Judeal Kdvtios A Judge May Engage in Qua
si-Judicial Activities to Improve the Law, the Legal
System, and the Adminstration of Juste

5. Extra-Tudicial Activities A Shall Regulate Ex-
tra-Judicial Activities to Minne the Hise of Cor.

6. A Judge Shall pensation or Gifts for Quasi—
ati sad Extre-Judkdal Actin Only Under

1A Judge Of Judea! Candide Shall Retrin From
Inappropriate Political Actvit

COMMITTEE ON JUDICIAL ETHICS.

Adoption of Code

The following new Canons, effective January 1, 1976,
‘were adopted by the Supreme Court of Louisiana
on March 5, 1975, to replace the Canons of Judi-
cial Ethies adopted October 18, 1960.

CANON 1
A Judge Shall Uphold the integrity and Indepen-
dence of the Judiciary

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and shall personally observe, high standards of con-
duet so that the integrity and independence of the
judiciary may be preserved. The provisions of this
Code are to be construed and applied to further that

objective, As a necessary corollary, the judge must
be protected in the exercise of judicial independence.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which can result in
disciplinary action,

When “should” is used, the text i led to
instruct judges concerning appropriate judicial con-
duct. ‘The use of should is an acknowledgement
that the conduct regulated in these Canons may
impose in the Judge more discretion, and/or may
involve the conduct of others. Nonetheless, « clear
violation of any Canon in which should is used, a
clear abuse of diseretion by the judge in conforming
his or her conduct to any such Canons, or a clear
abuse of diseretion by the judge in regulating the
conduet of those persons whose actions are subject
to the judge's direction and control, may also result
in judicial discipline

CANON 2
‘A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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.

As used in this Code, “impartiality” or “impartial”
denotes absence of bias or prejudice in favor of, or

against, particular parties or classes of parties, as well

‘as maintaining an open mind in considering issues that
‘may come before the judge.

DEF00169


5423

CODE OF JUDICIAL CONDUCT

Canon 5
CANON 5
Extra—Judicial Activities
A Sudge Shall Regulate Extra-Judicial Activities to
‘Minimize

the Risk of Conflict With Judicia! Duties

A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judictal duties.

B. Civic and Charitable Activities. A judge may
participate in civic and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties, A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or eivie organization not conducted for the eco-
nomic or political advantage of its members, subject to
the following limitations:

tA judge stall not sare if the jadge knows, or
should know, it is likely that the organization will
engaged in proceedings that would ordinarily come
before the judge or will be regularly engaged in
adversary proceedings in any court.

(2) A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civie organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
‘However, it shail not be a violation of this Canon for a
Judge to privately solicit funds for the judge's local
church from a local church member. A judge should
not be a fund-raising speaker or the guest of honor at
an organization's fund- raising events, but may attend
such events. A judge may also participate in an
organization's fund-raising events, provided the
judge's title or status is not used to support the fund-
raising effort.

C. Financial Activities.

(1) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with law-
yyers or persons likely to come before the court on
Which he or she serves.

2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
eal estate, and engage in other remunerative activity
but shall not serve as an officer, director, manager, or
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with 2
public interest.

(@) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as a judge

982

can do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interesta that might require frequent
reeusation.

(4) Information acquired by a judge in his or her
judicial capacity shall not be used or disclosed by the
judge in financial dealings or for any other purpose
not related to judicial duties.

D, Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. ExtraJudicial Appointments. A judge shall
not accept appointment to a governmental committee,
commission, or other position that is concerned with
issues of fact or policy on matters other than the
Improverent of the law, the legal sytem, oF the

administration of justice. A judge, however, may
represent his or her county, state, or locality on
ceremonial occasions or in connection with historical,
educational, and cultural activities.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996; amended and effective Feb. 12, 2003

CANON 6
A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted
Circumstances

‘A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restriction:

‘A. Compensation. Compensation for quasi-judi-
cial activities shall not exceed a reasonable amount,
Compensation for extra-judicial activities shall not
exceed what a person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
occasion, by his or her spouse. Any payment in
excess of such an amount is compensation,

C. Gifts. A judge, a judge’s spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect the
judgment of the judge or influence the judge’s official
‘conduct.

D. Annual Reports.

(1) A judge shall report annually all compensation
and expenses received in connection with any quasi-
judicial activity of the Judge when the amount received
for any such quasi-judicial activity exceeds $250 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association,

DEF00173


5288

CODE OF JUDICIAL CONDUCT

times. Resolution of any question of coverage or
procedure not specifically addressed in this section
will be guided by this overriding principle.

II. A. The consent or approval of parties to
extended coverage is not required. Parties may
object to extended coverage by filing a written
objection stating the reasons therefor with the clerk.
of court at least 10 days prior to the date of the
proceedings. Upon objection by a party, or on the
court's own motion, the presiding judge may prohib-
it or limit extended coverage of @ proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by law must or may be held
in private.

C. The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court,

TV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of a proceeding is given by the
media to the clerk of court at least 20 days in
advance of the proceeding, provided that only rea-
sonable notice shall be required for coverage of
expedited proceedings not regularly calendared.

V. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives. Film, videotape, photographs, and audio
reproduction shall not be used for commercial or
political advertising purposes. Such use of these
materials will be regarded as an unlawful interfer-
ence with the judicial process.

VI. Extended coverage of investitive or ceremo-
nial proceedings at variance with these guidelines
may be authorized by the court.

‘VII. When extended coverage is permitted, all
media representatives shall have equally the right
to provide coverage. When extended coverage is to
be provided by more than one media representative,
the media collectively should designate one repre-
sentative to coordinate with the court all matters
dealing with extended coverage. Any pooling ar-
rangements among the media required by the limi-
tations and restrictions on equipment and personnel
contained in these guidelines shall be the sole re-
sponsibility of the media and must be made in
advance of the court proceedings to be covered.
Judges and court personnel will not mediate any
dispute as to the appropriate media representative
or equipment authorized to cover a particular pro-
ceeding. If pooling arrangements cannot be made
or if there are unresolved media disputes, the pre-
siding judge may deny extended coverage of pro-
ceedings.

VIII. A. No more than two portable television
cameras, each operated by no more than one camera
person and positioned as unobtrusively as possible
at locations approved by the court, shall be permit-

635,

Canon 3 App.

ted to be physically in the courtroom, Only tele-
vision equipment which does not produce light or
distracting sound will be permitted. Videotape re-
cording equipment which is not a component part of
a television camera shall, whenever possible, be
located in an area outside the courtroom.

B. No artificial lighting device of any kind shall
be employed in connection with the television cam-
era, With the approval of the court, modifications
and additions to existing courtroom lighting may be
made provided such modifications or additions are
installed and maintained without public expense.
Multiple video/audio feeds may be permitted but
must be provided by a video/audio distribution sys-
tem, furnished by the media, located outside the
courtroom.

IX. A. No more than one still photographer,
using not more than two still cameras with not more
than two lenses for each camera without flash or
other artificial light, shall be permitted to be physi-
cally in the courtroom. Still cameras must not
produce distracting sound and should produce no
greater sound than the Leica M Series Rangefinder
Motorized film advance systems will not

B. The photographer shall position himself in a
place designated by the presiding judge and remain
in that area except when the proceeding is in recess,
Changing of lenses or film will only be done during
a recess.

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom. Audio
pickup should be made from existing audio systems
in the courtroom whenever possible. If no techni-
cally suitable audio system exists in the courtroom,
microphones and related wiring shall be permitted
but must be unobtrusive and located in places desig-
nated in advance by the presiding judge. Multiple
radio feeds rather than a pooling system may be
permitted but must be provided by an audio distri-
bution system, provided by the media, located out-
side the courtroom.

XI. When extended media coverage is autho-
rized, individual journalists may bring tape record-
ers into the courtroom and use them to record
proceedings so long as they do not cause any dis-
traction. Journalists using tape recorders may sit
at any place in the audience portion of the court-
room, but must keep their tape recorder on their
person at all times. Changing of tape cassettes
during proceedings is not permitted and should only
be done during a recess.

XI. All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed
after the proceedings are over or during a recess,
Television camera persons and still photographers

DEF00038


5429

Canon 2

CODE OF JUDICIAL CONDUCT.

B.A judge shall not allow fami
or other relationships to influence judi
judgment. A judge shall not lend the prestige of
judicial office to advance the private interest of the
Judge or others; nor shall a judge convey or permit
others to convey the impression that they are in
special position to influence the judge. A judge shall
not testify voluntarily as a character witness. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
judge's personal knowledge, serve as a reference or
Provide a letter of recommendation. Letters of rec-
commendation may be written only on private station-
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

C. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. The term “organization” chall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinctly private associa-
tion of persons whose membership limitations would
bbe entitled to constitutional protection.

Amended and effective June 8, 1993; amended July 3, 1996,
effective July 8, 1996; amended Jan. 13, 2005, effective Feb.

1, 2005.

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office preseribed by law. In the perform-
ance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
wayed by partisan interests, public clamor, or fear of
criticism.

(2) A judge shall maintain order and decorum in
judicial proceedings.

(3) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
‘with whom the judge deals in an official capacity, and
howd require dalle conduct of lawyers, an of Sal,
court officials, and others subject to the judge's di-
rection and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perform-
ance of judicial duties, by words or conduct manifest

986

bias or prejudice, and shall not. permit staff, court
officials or others subject to the judge's direction and
control to do 80.

(6) A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words
or conduel, bias or prejudice against parties, wit-
nesses, counsel or others.

(6) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any case, either civil or criminal. A
judge may obtain the aivice of a disinterested expert
on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
Where circumstances require, ex parte communics-
tions are anthorized for scheduling, tive
purposes or emergencies that do not deal with sub-
stantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
munications intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular ‘member of the court to whom a case is
allotted or assigned for any purpose. Similar circum-
spection should be exacted on the part of court offi-
cors, clerks and secretaries.

(1 A. judge shall dispose of all judicial matters
promptly, efficiently and fairly.

@ A judge sball not, while a proceeding is pending
in any Louisiana state court, make any public com-
ment that might reasonably be expected to affect i
outcome or impair its fairness, and shall require simi-
lar abstention on the part of court personnel subject
tw his or her direction and control. This subsection
does not prohibit judges from making public state-
ments in the course of their official duties or from
explaining for public information the procedures of the
court,

() Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtrootn and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authorize:

(@) the use of electronic or photographie means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the brosdeasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

DEFO0179


5

CODE OF JUDICIAL CONDUCT.

369

Canon 7

shall list the name of the payor/donor, the date, the

place and the nature of the quasi-judicial activity.

‘Amended and effective June 2, 1999; amended July 8, 1996,

tee Jnl 81906 ended Nor, 1, 186, tie Sly
1996.

CANON 7
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity
A. Political Conduet in General.
(1) A judge or judicial candidate shall not:

(a) act as a leader or hold any office in a political
organization;

(v) publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of a political organi-
zation or a candidate for public office;

(d) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B. Campaign Conduct.
(1) A judge or judicial candidate:

() shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
integrity and independence of the judiciary, and
should encourage the 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 should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

(@) shall not

(®) make pledges or promises of conduct. in
office other than the faithful and impartial perfor-
mance of the duties of the office;

(ii) make statements that commit or appear to
commit the candidate with respect to cases, con-
troversies, or issues that are likely to come before
the court; or

ii) knowingly misrepresent the identity, qualt-
fications, present position or other fact concern-
ing the candidate or an opponent.

(e) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1X¢).
€. A Judge or a Judicial Candidate May:

(Q) At any time

(a) attend political gatherings;

(b) identify himself or herself as a member of a
politieal party;

(@) During his or her candidacy

(a) speak to gatherings on his or her own behalf;
(©) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;
(© distribute pamphlets or other promotional
campaign literature supporting his or her candida-

%

(@) contribute to 2 politieal organization and/or be
included on a political ticket or endorsement.

D. Campaign Committees

(2) A judge or judicial candidate shall not personal-
ly sole or accept eampaign contributions, A Judge
or judicial candidate may personally solicit publicly
stated support.

@) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coercion may be ap-
plied in sich solicitation.

(8) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers, A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than two years before the primary election.
Contributions may be solicited after the last election
in whieh the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro provrata refand
to the campaign contributors or by donation to a
charitable organization. The judge or judicial candi-
date may retain campaign funds in the following
amounts proportionate to the population of the judge's
or judicial candidate's election district:

Population of Amount of Campaign Funds
Election District "That May Be Retained

Below 25,000 25
25,000-100,000 $ 50,000
100,001-200,000 $ 75,000
200,001-300,000 $100,000

197

DEF00119


5448

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976

Including Amendments Received Through May 1, 2007

Research Note

Use Westlaw to find cases citing a rule. Westlaw may also be used to search
‘for specific terms or to update a rule; see the LA-RULES and LA-
RULESUPDATES Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter 2d and Louisiana Cases advance sheets.

Canon

. A Judge Shall Uphold the Integrity arid Independence
of the Judiciary.

. A Judge Shall Avoid Impropriety and the Appearance
of Impropriety in All Activities.

A Judge Shall Perform the Duties of Office Impartially
and Diligently.

Quasi-Judicial Activities A Judge May Engage in Qua-

si-Jadicial Activities to Improve the Law, the Legal

a eS

System, and the Administration of Justice.

. ExtranJudieial Activities A Judge Shall Regulate Ex-
‘trandudicial Activities to Minimize the Risk of Con-
fict With Judicial Duties.

6. A Judge Shall Accept Compensation or Gifts for Quasi-
Judicial and Extra-Judicial Activities Only Under
Restrieted Circumstances.

7. A fadce Or Tocca Conde Stall Rat From

Inappropriate Political Acti

COMPLIANCE WITH THE CODE OF JUDICIAL CON

COMMETTEE ON JUDICIAL ETHICS.

Adoption of Code
The following Canons, effective January 1, 1976, were
adopted by the Supreme Court of Louisiana on
March 5, 1975, to replace the Canons of Judicial
Ethics adopted October 18, 1960.

CANON
‘A Judge Shall Uphold the integrity and Indepen-
dence of the Judiciary

An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and shall personally observe, high standards of con-
duct so that the integrity and independence of the
Judiciary may be preserved. ‘The provisions of this
Code are to be construed and applied to further that

objective. As a necessary corollary, the judge must,
be protected in the exercise of judicial independence.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which can result in
aisciplinary action.

When “should” is used, the text is intended to
{nstruet judges concerning appropriate Judicial con-
duct. The use of should is an acknowledgement
that the conduct: regulated in these Canons may
‘impose in the judge more discretion, and/or may
involve the conduct of others. Nonetheless, a clear
Violation of any Canon in which should is used, a
clear abuse of diseretion hy the judge in conforming
his or her conduet to any such Canons, or a clear
abuse of discretion by the judge in regulating the
conduct of those persons whose actions are subject
to the judge's direction and control, may also result
in judicial discipline

CANON 2
A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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.

AAs used in this Code, “impartiality” or “impart
denotes absence of bias or prejudice in favor of, or
against, particular parties or classes of parties, as well
as maintaining an open mind in considering issues that
may come before the judge.

1004

DEF00198


5479

Canon 7

CODE OF JUDICIAL CONDUCT

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
ing judicial functions, including an officer such as a
judge ad hoc, judge pro tempore, referee, speci
‘master, court, commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose of this Code.
All judges shall comply with this Code.

A. Part-Time Judge. A part-time judge is a
judge 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.

A part-time judge:

(2) is exempt from Canons 5C(2), 6D, and 58;

(2) shall not practice law in the court on which he
or she serves or in any court subject to the appellate
jurisdiction of the court, on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoe is a person
who is appointed to act with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hoe is not required to comply with Canons 5C(2),
5C(8), 5D, and SE.

@) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto.

C. Retired Judge. A retired judge is not gov-
erned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C(2),
8D, and SE.

Amended Oct. 29, 1982; Amended and effective June 8, 1993;
‘amended July 8, 996, effective July 8, 1996.

COMMITTEE ON JUDICIAL ETHICS
To the end that these canons may be properly
interpreted, and in order to provide a forum to receive

inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court

1012

Committee on Judicial Ethics is hereby created. The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inguiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(c) The President of the District Judges Associa-
tion and two other District Judges;

(d) The President of the City Judges Ascociation;

(e) One juvenile or family court judge;

(O) The Judicial Administrator; and

(g) The President of the Louisiana State Bar Asso-
ciation.

‘The members of said Committee shall be selected
land appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Supreme Court shall select one district
court. judge and one juvenile or family court judge
‘who shall serve for terms of two years;

(a) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(e) The District Judges Association shall select one
member to serve on the Committee for two years;

(®) The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office,

‘The Judicial Administrator shall be Secretary of the
Committee. ‘The Committee shall make its own rule:
and select members to serve in such other offices as i
creates.

‘The Committee shall act upon all inquiries a
promptly as the nsture of the case requires.

Amended Oct. 81, 1975, effective Jan. 1, 1976; Amended an

effective June 3, 1993; amended July 3, 1996, effective Jul
8, 1996; amended May 28, 1998, effective July 1, 19%

DEF00229


5390

LOUISIANA
Rues oF Court

STATE

2002

INcLupING AMENDMENTS RECEIVED
Turoucn May 1, 2002

IncLupes New Rutes ror Louisiana Disraicr Courts,
ND NuMBerING SysTems For Louisiana FAMILY
anp Domestic Retations Courts AND JuveNILE CourTs,
Errective Aprit 1, 2002

WEST GROUP

Mat #4096174 ® A THOMSON COMPANY

DEF00140
PORT Exhibit 1001 (r)


5431

Canon 3

CODE OF JUDICIAL CONDUCT

Th con ofthe peeling Snige on any Gustin of ererage

be final and shal not be sujet to review by any ober cour.
Nv. cane neta ing amp en
Inti of intention to provide coverage of a proceeding is
thre ty Ge ei tole cn ef cour aa 2 dye eee
‘of tho proceeding, provided that only resonable notice shal be
‘eg for covers of expe preening nt rua cln-

V. Extended coverage of court proceadings may be provided by
‘nome media agencies and their representatives Pim, videotape,
stographs and alo rerodctin sal not be used for omroer:
alo petal purposes. Such use of these materials

‘be regarded as an unlawl interference

recorder on their parson at all Changing of tape cassettes
Sg poets tpl dba oy bone ar

a an: A! camera and audio equipment most be in potion at leat 15
‘nes before ihe at of tbe ‘and
are

tourooom elven eanere and ras broadest eggs,
‘once in positon, may not be moved during the ‘Move:
ment by television and sil photographers should be held to a
minimum and in no way sbould be distracting or eal undue
atzention to the operators.

XUIL. Camera and audio equipment authorized by these guidelines
shall not be operated. arin

presence of te pres ude

XIV. The dignity and decorum of the court must be maintained at
‘all times during extended media coverage activities. Court cus-
tons, including appropriate dress, must be followed.

2, _Tie county of he ane ratnship mit be
rotaed. ‘Therfore, there wil be,

sutio recording, radio,

VIII. A. No more than two portable televielon cameras each oper-
sted by no more than one camera

television camera thal, whenever ret, be oad
{in an area outside the courtroom,
B. No artificial lighting device of any kind shall be employed in
‘connection with the television camera. With the approval of the
Saar, modietone and addins to existing catrom lighting
ray be made such mofifeations cr additions are installed

courtroom.
A No more thn one stil hatgraher sing not more thas
‘ho ail cameras with not more than two lenees for each

physically in om. Sill cameras must not produce di
‘attng sound and should produce no greater sound than the Leia
M Series torzed fm advance systems
will not be permitted

B. ‘The photographer shal be positioned ins place designated by the
‘residing juige and remain in that ares except when the proceed-
Jing is in roses. “Changing of lenses or film will only be done
ring a recesa.

X_ Only one audio system for radio

x. "Whe tended mea cweae oral uns
‘ats may bring tape recorders inta the courtroom
record

vaingtupe Torr ay at at any ace he
‘audience portion of the courtroom, but must keep their tape

of any

nts, ‘co-equneel of a client,

‘between counsel and the presiding judge when held atthe bench, oF

ef preceeings hl n chumbers. No parable microphones sal
used.

Added Apri 28,1985. Amended and effective June 3,198,

CANON 4
Quasi-Judicial Activities
A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the
Legal System, and the Administration of Justice
A Judes, subject to the proper performance of judi
cial duties, may engage in the following quasi-judicial
tivities, if in doing so the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice,

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
‘matters concerning the administration of justice.

C. A judge may serve asa mpmber, 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 shall
not personally solicit funds for suck an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen
cies on projects and programs concerning the Tem the the
legal system, and the administration of justice.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996,

DEFO0181


5312

Canon 3 App.

CODE OF JUDICIAL CONDUCT

a television camera shall, whenever possible, be
located in an area outside the courtroom.

B._No artificial lighting device of any kind shall
be employed in connection with the television cam-
era. With the approval of the court, modifications
and ms to existing courtroom lighting may be
made provided such modifications or additions are
installed and maintained without public expense.
Multiple video/audio feeds may be permitted but
must be provided by a video/audio distribution sys-
tem, furnished by the media, located outside the
courtroom.

1X. A. No more than one still photographer,
using not more than two still cameras with not more
than two lenses for each camera without flash or
other artificial light, shall be permitted to be physi-
cally in the courtroom. Still cameras must not
produee distracting sound and should produce no
greater sound than the Leica M Series Rangefinder
camera, Motorized film advance systems will not
be permitted,

B, The photographer shall position himself in a
place designated by the presiding judge and remain
in that area except when the proceeding is in recess.
Changing of lenses or film will only be done during
a recess.

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom. Audio
pickup should be made from existing audio systems
in the courtroom whenever possible. If no techni-
cally suitable audio system exists in the courtroom,
microphones end related wiring shall be permitted
but must be unobtrusive and located in places desig-
nated in advance by the presiding judge. Multiple
radio feeds rather than a pooling system may be
permitted but must be provided by an audio distri-
bution system, provided by the media, located out-
side the courtroom.

XI When extended media coverage is autho-
rized, individual journalists may bring tape record-
ers into the courtroom and use them to record
proceedings so long as they do not cause any dis-
traction. Journalists using tape recorders may sit
at any place in the audience portion of the court-
room, but must keep their tape recorder on their
Berson at all times. Changing of tape, cassettes

luring proceedings is not permitted and should only
be done during a recess.

XII. All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed
after the proceedings are over or during a recess,
Television camera persons and still photographers
‘must remain in their designated area and are not
permitted to move about the courtroom. ‘Television
cameras and radio broadcast equipment, once in
position, may not be moved during the proceedings.

Movement by television and still photographers
should be held to a minimum and in ho way should
be distracting or call undue attention to the opera-
tors.

XT. Camera and audio equipment authorized
by these guidelines shall not be operated during a
recess in a court proceeding. Extended coverage in
the judicial area of a courthouse or other court
facility is limited to proceedings in the courtroom in
the presenee of the presiding judge.

XIV. The dignity and decorum of the court must,
be maintained at all times during extended media
coverage activities. Court customs, including ap-
propriate dress, must be followed.

XV. The confidentiality of the attorney/client
relationship must be protected. Therefore, there
will be no audio recording, radio, television, or tape-
recording, made or broadeast of any conference
between attorneys and their clients, between co-
counsel of a client, between counsel and the presid-
ing judge when held at the bench, or of proceedings
held in chambers. No parabolic microphones shall
be used,

Adopted April 28, 1985.

CANON 4
A Judge May Engage in Activities to Improve
the Law, the Legal System, and the
Administration of Justice

A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not cast
doubt on his capacity to decide impartially any issue
that may come before him

A. He may speak, write, lecture, teach, and par-
ticipate in other aetivities concerning the law, the
legal system, and the administration of justice.

B. He may appear at a public hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con-
sult with an exeeutive or legislative body or official,
but only on matters concerning the administration
of justice,

©. He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice. He may
assist such an organization in raising funds and
may participate in their management and invest-
ment, but should not personally participate in public
fund raising activities. He may make recommenda
tions to the public and private fund-granting agen-
cies on projects and programs concerning the law,
the legal system, and the administration of justice

m2

DEF00062


5366

Canon 3

CODE OF JUDICIAL CONDUCT

(© the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

@ the mesns of recording will not distract
participants or impair the dignity of the proceed-
ings;

so igi patties have consented, and the consent

depicted or recorded has been obtained
fom eas ence appearing in the recording and
reproduction;

(ii) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(Gv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

An appellate court may permit broadcasting, tele
vising, recording, and taking photographs of public
Judicial proceedings in the courtrooms of appellate
‘courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (e) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the ju
administrative responsibilities without bias or prej
dice 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 offical
duties.

(3) A judge should take or initiate appropriate disci-
plinary measures against a judge or lawyer for unpro-
fessional conduet of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
judge’s judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon may be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power of appoint-
ment impartially and on the basis of merit. A judge
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
judge shall be employed in the court to which that
Judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses

of a judge's children; and all step relationships to the
same degree,

‘The provisions of this Subsection shall not prohibit,
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin-
der, alter, or in any way affect promotional advance-
ments for any such employee. The provisions of this
Subsection pertaining to nepotism shall not apply to
‘mayors or justices of the peace.

C. Recusation. A judge should disqualify himself
or herself in a proceeding in which the judge's impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself in a in which
disqualification is required by law or applicable Su-
preme Court rule. In all other instances, a judge
should not recuse himself or herself.

Amended April 23, 1985; December 3, 1990. Amended and

effective June 3, 1993; amended July 3, 1996, effective July
8, 1096.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appellate Courtrooms
TL. Asused in these guidelines,
‘A. “Extended coverage” means any recording or broadcasting
the news media of ct precetings wang tlvaion, rade, pat
_Rraphie ar recording equipment.
1B. “Presiding Judge” means the Chief Justice ofthe Supreme Court
‘of Louisiana, the Chief Judge of a Court of Appeal, or the senior
nde of x pe of which the Chit Jat or Chit Use is ot 2
C. Proceeding” means any hearing, motion, argument on appeal or
tier mater held in open court which the publ is ented to
at

D. "Party" means a named litignnt of record who has appeared in

‘the case, and includes a party's eounse of recor.

E. “Media” means legitimate news gathering and reporting agencies
and their representatives,

F. “Court” means an appellate court and includes the Supreme
(Court of Louisiana and the Courts of Appeal of the several cireuits,

IL All extended media coverage of court proceedings shall be gov-
one by the pil tat the decorum and dg of the co
the courtroom andthe jul proces wil be man
times. Resolution of any question of coverage oF procedure not
specially addressed in this section wil be guided by this over-
ding principle.

written objection stati ns therefor with the eerie of
Sur it 10 ae ir dt af he owen “Dyan
objection by a party, or on the courts own motion, the

B._Estanded coverage shall not be permite in any proceting
wich by law sto ay beheld nate

The despa of he presiding je on eny guestin of crerage
shall be fel and sant be sujet to revi by any ober cout,

1V,_ Extended everage of presating sal ot be permite ws
notice af inet to prove extendel coverage ofa proceeding a
five by the media eC of cour at eat days race
Ef the prceading, provided that only resonable notice shal be
‘agate overage of expe rset not reply eer

DEFO0116


5330

Canon 7

CODE OF JUDICIAL CONDUCT

(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;

(©) solicit funds for or pay an assessment or make
a contribution to a political organization or candi-
date, attend political gatherings, or purchase tickets
for political party dinners, or other functions, except
1s authorized in subsection A);

(2) A judge holding an office filled by public elec-
tion between competing candidates, or a candidate for
such office, may, only insofar as permitted by law,
attend political gatherings, speak to such gatherings
on his or her own behalf when he or she is a candidate
for election or re-election, identify himself or herself
as a member of a political party, and contribute to a
political party or organization.

(3) A judge should resign his or her office when the
judge becomes a candidate either in a party primary
or in a general election for a non-judicial office, except
that a judge may continue to hold judicial office while
being ‘2 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.

(4) A judge should not engage in any other political
activity except on behalf of measures to improve the
Jaw, the legal system, or the administration of justice.

B. Campaign Conduct. A candidate, including
‘an incumbent judge, for a judicial office that is filled
either by public election between competing candi-
dates or on the basis of a merit system election:

(a) should maintain the dignity appropriate to
{judicial office, and should encourage members of his
or her family to adhere to the same standards of
political conduct that apply to the candidate;

(b) should prohibit, public officials or employees
subject to his or her direction or control from doing
for him or her what the candidate is prohibited from
doing under this Canon; and the candidate should
not allow any other person to do for him or her
what the candidate is prohibited from doing under
this Canon;

(© should not make pledges or promises of con-
uct in office other than the faithful and impartial

formance of the duties of the offic

iis or her views on disputed legal or political issues;

or misrepresent his or her identity, qualifications,
present position, or other fact,

Amended June 28, 1983; amended and effective June 3, 1999.

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT
Anyone, whether or not a lawyer, who is an officer
of court of record performing judicial functions
including an officer such as a judge ad hoe, referee,

special master, court commissioner, or magistrate, and
anyone who is a justice of the peace, is a judge for the
purpose of this Code. All judges should comply with
this Code except as provided below.

A ime Judge. A part-time judge is a
judge who serves on a continuing or periodie 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.

A part-time judge:

(1) is not required to comply with Canon 5C(2), 5D,
and 5E;

(2) should not practice law in the court on which he
or she serves or in any court, subject to the appellate
jurisdiction of the court on which he or she serves, or
‘act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Judge Pro Tempore. A judge pro tempore is
a person who is appointed to act temporarily as a
judge.

(2) While acting as such, a judge pro tempore is not
required to comply with Canon 5C(2), 5C(3), 5D, and
5E.

@) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which he
or she has served as a judge or in any other proceed-
ing related thereto.

C. Retired Judge. A retired judge is not gov-
cerned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to a judge pro tempore.
Amended Oct. 29, 1982; amended and effective June 3, 1993.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

The Committee shall consist of nine members, 2s
follows: oo

(a) The Chief Justice and one other member of the
‘Supreme Court;

(b) The Chairperson of the Conference of Court of
‘Appeal Judges and one other Court of Appeal Judg

(c) The President of the District Judges Associa-
tion and one other Distriet Judge;

(d) The President of the City Judges Association;

(e) The Judicial Administrator; and

DEF00080



5282

Canon 3 App.

must remain in their designated area and are not
permitted to move about the courtroom. Television
cameras and radio broadcast equipment, once in
position, may not be moved during the proceedings.
Movement by television and still photographers
should be held to a minimum and in no way should
be distracting or call undue attention to the opera-
tors.

XIII. Camera and audio equipment authorized
by these guidelines shall not be operated during a
recess in a court proceeding. Extended coverage in
the judicial area of a courthouse or other court
facility is limited to proceedings in the courtroom in
the presence of the presiding judge.

XIV. The dignity and decorum of the court must
be maintained at all times during extended media
coverage activities. Court customs, including ap-
propriate dress, must be followed.

XV. The confidentiality of the attorney/client
relationship must be protected. Therefore, there
will be no audio recording, radio, television, or tape-
recording, made or broadcast of any conference
between attorneys and their elients, between co-
counsel of a client, between counsel and the presid-
ing judge when held at the bench, or of proceedings
held in chambers. No parabolic microphones shall
be used.

‘Added April 23, 1986.

CANON 4. A JUDGE MAY ENGAGE IN
ACTIVITIES TO IMPROVE THE LAW,
THE LEGAL SYSTEM, AND THE AD-
MINISTRATION OF JUSTICE

A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not cast
doubt on his capacity to decide impartially any issue
that may come before him:

A. He may speak, write, lecture, teach, and par
ticipate in other activities concerning the law, the
legal system, and the administration of justice.

B. He may appeer at a publie hearing before an
executive or legislative body or official on matters,
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con-
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice.

C. He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice He may
assist Such an organization in raising funds and
may participate in their management and invest-
ment, but should not personally participate in public
fund raising activities. He may make recommends-

CODE OF JUDICIAL CONDUCT

tions to the public and private fund-granting agen.
cies on projects and programs concerning the law,
the legal system, and the administration of justice,

CANON 5. A JUDGE SHOULD REGULATE
HIS EXTRA-JUDICIAL ACTIVITIES
TO MINIMIZE THE RISK OF CON.
FLICT WITH HIS JUDICIAL DUTIEs.

A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
the arts, sports, and other social and
recreational activities, if such avocational activities
do not detract from’ the dignity of his office or
interfere with the performance of his judicial duties,

B. Civic and Charitable Activities. A judge
may participate in civic and charitable activities that
do not reflect adversely upon his impartiality or
interfere with the performance of his judicial duties,
‘A judge may serve as an officer, director, trustee,
or nondegal advisor of an educational, religious,
charitable, fraternal, or civie organization not con
ducted for the economic or political advantage of its
members, subject to the following limitations:

() A judge should not serve i tis Hikely thatthe
organization will be engaged in proceedings that
would ordinarily come before him or will be regular.
ly engaged in adversary proceedings in any court,

(2) A judge should not solicit funds for any edu-
cational, religious, charitable, fraternal, or civil or
ganization, or use or permit the use of the prestige
of his office for that purpose, but he may be listed
as an officer, director, or trustee of such an orge
nization. He should not be a fund raising speaker
‘or the guest of honor at an organization's fund
raising events, but he may attend such events,

C. Financial Activities.

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perform
ance of his judicial duties, exploit his judicial post
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on which he serves,

(2) Subject to the requirement of subsection (1), 8
judge may hold and manage investments, including
real estate, and engage in other remunerative activi
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu:
tion, homestead or savings and loan association,
insurance company, publi¢ utility, and other busi
nesses affected with a public interest.

(8) A judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he can
do so without serious financial detriment, he should

DEF00032


5348

LASTCIC Canon 7 Page 2
Code of Jud.Conduct, Canon 7, 8 LSA-R‘S.

(c) make speeches on behalf of a political organization or a candidate for public
office;

(d) except to the extent permitted by these Canons, solicit funds for, pay an as~
sessment to, or make a contribution to a political organization or candidate or
purchase tickets for political party dinners or other campaign functions.

B. Campaign Conduct.
(1) A judge or judicial candidate:

(a) shali maintain the dignity appropriate to judicial office and act in a manner
consistent with the integrity and independence of the judiciary, and should encour-
age the members of the candidate's family to adhere to the same standards of po-
litical conduct in support of the candidate as apply to the candidate;

(b) shall prohibit employees and officials who serve at the pleasure of the can~
didate, and should discourage other employees and officials subject to the candi-~
date's direction and control from doing on the candidate's behalf what the candi~

date is prohibited from doing under this Canon;

(c) except to the extent permitted by these Canons, shall not authorize or know~
ingly permit any person to do for the candidate what the candidate is prohibited
from doing under this Canon;

(a) shall not

(i) make pledges or promises of conduct in office other than the faithful and
impartial performance of the duties of the office;

(44) 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; or

(4ii) knowingly misrepresent the identity, qualifications, present position or
other fact concerning the candidate or an opponent.

(e) may respond to personal attacks or attacks on the candidate's record as long
as the response does not violate Canon 7B(1) (d).

C. A Judge or a Judicial Candidate May:
(1) At any time
(a) attend political gatherings;

(b) identify himself or herself as a member of a political part!

(2) During his or her candidacy

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00098


5263

CODE OF JUDICIAL CONDUCT

tion and whose compensation for that reason is less
than that of a full-time judge.
A parttime judge:

(2) is not required to comply with Canon 5C(2),
8D, and 58;

(2) should not practice law in the court on which
he serves or in any court subject to the appellate
jurisdiction of the court on which he serves, or act
as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to.

B, Judge Pro Tempore

A judge pro tempore is a person who is appointed
to act temporarily as a judge.

(2) While acting as such, a judge pro tempore is
not required to comply with Canon 5C(2), 5C@), 5D,
and 5E.

(2) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto.

©. Retired Judge

A retired judge is not governed by the provisions
of this Code, except when he is sitting by assign-
ment and then he shall be subject to the rules
applicable to a judge pro tempore.
Amended Oct. 29, 1982.

Committee on Judicial Ethics

To the end that these canons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judiciary
related to the interpretation of these canons, the
Supreme Court Committee on Judicial Ethics is
hereby created. The function of this Committee
shall be limited to the issuance of advisory opinions
on its own motion or in response to inquiries from
any judge insofar as these canons may affect him.

The Committee shall consist of nine members, a8
follows:

(2) The Chief Justice and one other member of
the Supreme Court;

(&) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal
Sudge;

(©) The President of the District Judges Associa.
tion and one other District Judge;

(@) The President of the City Judges Association;

(e) The Judicial Administrator; and

(® The President of the Louisiana State Bar As-
sociation,

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(2) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during
his term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Conference of Court of Appeal Judges
shall select one member to serve on the Committee
for two years;

(d) The District Judges Association shall select
one member to serve on the Committee for two
years;

(©) The Chairman of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Asso-
ciation, the Judicial Administrator, and the Presi-
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office.

The Judicial Administrator shall be Secretary of
the Committee. ‘The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
‘Amended Oct. 81, 1975, effective Jan. 1, 1976.

DEF00013


5331

CODE OF JUDICIAL CONDUCT

O The President of the Louisiana State Bar Asso-
0.

The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
is or her term of offce as Chief Justice;

() The Supreme Court shall select an Associate
Justice who shall serve fora term of two years;

(e) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(@) The District Judges Association shall select one
member to serve on the Committee for two years;

705

(©) The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
bbe members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. The Committee shall make its own rules
and select members to serve in such other offices as it
creates,

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct. 31, 1975, effective Jan. 1, 1976; amended and
effective June 3, 1993.

DEF00081


5337

CODE OF JUDICIAL CONDUCT.

Canon 7

nd programs concerning the law, the legal system,
nd the administration of justice.

amended and effective June 3, 1998.

CANON 5
A Judge Should Regulate Extra-
Judicial Activities to Minimize the Risk of
Conflict With Judicial Duties

A. Avocational Activities: A judge may write,
vcture, teach, and speak on non-legal subjects, and
ngage in the arts, sports, and other social and recre-
tional activities, if such avocational activities do not
tract from the dignity of judicial office or interfere
‘ith the performance of judicial duties.

B. Civic and Charitable Activities. A judge may
articipate in civic and charitable activities that do not
sflect adversely upon his or her impartiality or inter-
we with the performance of judicial duties. A judge
‘ay serve as an officer, director, trustee, or non-legal
visor of an educational, religious, charitable, frater-
al, or civie organization not conducted for the eco-
amie or political advantage ofits members, subject to
1e following limitations:

(D) A judge should not serve if it is likely that the
‘ganization will be engaged in proceedings that
ould ordinarily come before the judge or will be
vgularly engaged in adversary proceedings in any
vurt.

(2) A judge should not solicit funds for any edu-
tional, religious, charitable, fraternal, or eivie orga-
zation, or use or permit the use of the prestige of
dicial office for that purpose, but the judge may be
sted as an officer, director, or trustee of such an
ganization. A judge should not be a fund raising
‘eaker or the guest of honor at an organization's
nd raising events, but may attend such events.
C. Financial Activities.

(1) A judge should refrain from financial and busi-
ss dealings that tend to reflect adversely on the
dge’s impartiality, interfere with the proper perfor-
ance of judicial duties, exploit the judge's judicial

sition, or involve the judge in frequent transactions
th lawyers or persons likely to come before the
urt on which he or she serves.

(2) Subject to the requirement of subsection (1), a
dge may hold and manage investments, including
al estate, and engage in other remunerative activity

t should not serve as an’ officer, director, manager,

employee of any bank, lending institution, home-
vad or savings and loan association, insurance com-
ny, public utility, and other businesses affected with
ublie interest.

‘8) A judge should manage investments and other

ancial interests to minimize the number of cases in
sich he or she is disqualified. As soon as a judge

1 do so without serious financial detriment, he or

709

she should divest himself or herself of investments
and other financial interests that might require fre-
quent recusation.

(4) A judge or a member of the judge’s family
residing in the judge’s household should not accept
any gifts or favors which might reasonably appear as
designed to affect his or her judgment or influence his
or her official conduct.

(6) Information acquired by a judge in his or her
Judicial capacity should not be used or disclosed by
the judge in financial dealings or for any other pur-
pose not related to judicial duties.

D. Arbitration. A judge should not act as an
arbitrator or mediator.

E. ExtraJudicial Appointments. A judge
should not accept appointment to a governmental
committee, commission, or other position that is con-
cerned 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, however, may
represent his or her country, state, or locality on
ceremonial occasions or in connection with historical,
educational, and cultural activities.

Amended and effective June 3, 1993.

CANON 6
‘A Judge Should Accept Compensation
for Quasi—Judicial and Extra—Judicial
Activities Only Under Restricted
Circumstances

A judge may receive compensation and reimburse-
ment of expenses for the quasi-judicial and extra-
judicial activities permitted by this Code, if the source
of such payments does not give the appearance of
influencing the judge in his or her judicial duties or
otherwise give the appearance of impropriety, subject
to the following restrictions:

A. Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what a
person who is not a judge would receive for the same
activity.

B. Expense Reimbursement. Expense reim-
bursement should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge'and, where appropriate to the oceasion, by his
or her spouse. Any payment in excess of such an
amount is compensation.

Amended and effective June 3, 1993.

CANON 7
A Judge Should Refrain From Political
Activity Inappropriate to
Judicial Office
A. Political Conduet in General.

(1) A judge or @ candidate for election to judicial
office should not:

DEF00087


5259

Canon 3

(6) A judge should abstain from public comments
about a pending or impending proceeding in any
court, and should require similar abstention on the
part of court personnel subject to his direction and
control. This subsection 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.

) Except as herein provided a judge should pro-
it broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediate-
ly adjacent thereto at least during sessions of court
or recesses between sessions.

‘A trial judge may authorize:

(a) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

() the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(©) the photographie or electronic recording and
reproduction of appropriate court proceedings under
the following conditions:

() the means of recording will not distract par-
ipants or impair the dignity of the proceedings;

(i the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

Gii) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
{instructional purposes in educational institutions.
An appellate court may permit broadcasting, tele-

vising, recording, and taking photographs of public

an appendix to this Canon, subject, however, to the

authority of each court and the presiding judge of
court or panel to (a) control the conduct of

proceedings before the court, (b) ensure decorum

and prevent distractions, and (c) ensure the fair

administration of justice in the pending cause.

B, Administrative Responsibilities

(1) A judge should diligently discharge his admin-
istrative responsibilities, maintain professional com-
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials.

(2) A judge should require his staff and court
officials ‘subject to his direction and control to ob-
serve the standards of fidelity and diligence that
apply to him.

CODE OF JUDICIAL CONDUCT

(8) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for
unprofessional conduct of which the judge may be-
come aware.

(4) A judge should not make unnecessary appoint-
ments, All appointments should be made on an
impartial basis, with a view of selecting competent
persons of good moral character. He should avoid
appointments which tend to create suspicion of im-
propriety. He should not approve compensation of
appointees beyond the fair value of services ren-
dered.

C. Recusation

‘The recusation of judges is governed by law.
Amended April 23, 1985.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of
Proceedings in Appellate Courtrooms

1. As used in these guidelines,

A. “Extended coverage” means any record-
{ing or broadcasting by the news media of court,
proceedings using television, radio, photograph-
ie or recording equipment.

B, “Presiding Judge” means the Chief Jus-
tice of the Supreme Court of Louisiana, the
Chief Judge of a Court of Appeal, or the senior
judge of panel of which the Chief Justice or
Chief Judge is not a member.

©. Proceeding” means any hearing, motion,
argument on appeal or other matter held in
open court ‘which the public is entitled to at

2 “Party” means a named litigant of
record who has appeared in the case, and in-
cludes a party’s counsel of record,

E. “Media” means legitimate news gather-
ing and reporting agencies and their represent-
atives.

F. “Court” means an appellate court and
includes the Supreme Court of Louisiana and
the Courts of Appeal of the several circuits.
II AM extended media coverage of court pro-

ceedings shall be governed by the prinple that

the decoruin ty of the court, the court-
oom and the jude process wil be munisned
at al times

section will be guided by this overriding principle.

TIL, A. The consent or spproval of parties to
extended coverage is not Parties may
abject to extended coverage by filing» written
objection stating the reasons therefor with the
clerk of court at least 10 days prior to the date of
the proceedings. Upon objection by a party, or on
the court's own motion, the presiding judge may
prohibit or limit extended coverage of a proceed-
ing.

DEF00009


5365

CODE OF JUDICIAL CONDUCT

Canon 3

B. A judge shall not allow family, social, political,
or other relationships to influence judicial conduct or
judgment, A judge shall not lend the prestige of
judicial office to advance the private interest 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. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
judge’s personal knowledge, serve as a reference or
provide a letter of recommendation. Letters of ree-
ommendation may be written only on private station-
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

€. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinetly private associa
tion of persons whose membership limitations would
be entitled to constitutional protection.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the foliowing standards apply:

‘A. Adjudicative Responsibilities.

(2) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
wayed by partisan interests, public clamor, or fear of
criticism.

@) A judge shall maintain order and decorum in
judicial proceedings.

(8) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staf,
court officials, and others subject to the judge's di-
rection and control,

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
mance of judicial duties, by words or conduct manifest
bias or prejudice, and’ shall not permit staff, court

793

officials or others subject to the judge's direction and
control to do 80.

(5) A judge shall require lawyers in. proceedings
before the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(6) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any case, either civil or criminal. A
Judge may obtain the advice of a disinterested expert
‘on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
Where circumstances require, ex parte communica-
tions are authorized for scheduling, administrative
purposes or emergencies that do not dea with sub-
stantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
inunieations intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular’ member of the court to whom a case is
allotted or assigned for any purpose. Similar cireum-
spection should be exacted on the part of court offi-
cers, clerks and secretaries.

(1) A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) 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 out-
come or impair its fairness or bring the judiciary into
disrepute, and shall require similar abstention on the
part of court personnel subject to his or her direction
and control. ‘This subsection does not prohibit judges
from making public statements in the course of their
official duties or from explaining for public informa-
tion the procedures of the court.

(®) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjjacent thereto at least during sessions of court or
recesses between sessions.

‘Atrial judge may authorize:

(a) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

DEF00115



5335

CODE OF JUDICIAL CONDUCT.

Canon 3 App.

(8) A judge should take or initiate appropriate disci-
inary measures against a judge or lawyer for unpro-
ssional conduct of which the judge may become
vare,
(4) A judge should not make unnecessary appoint-
ents. ‘All appointments should be made on an im-
urtial basis, with a view of selecting competent, per-
-ns of good moral character. A judge should avoid
»pointments which tend to create suspicion of impro-
‘iety. A judge should not approve the compensation
appointees beyond the fuir value of services ren-
aed. A judge should avoid nepotisin. No spouse or
ember of the immediate family of a judge shall be
ployed in the court to which that judge was elected.
mmediate family” means a judge's childven, parents,
‘others and sisters; the children and parents of a
Age's spouse; and the spouses of a judge's children.
‘The provisions of this Subsection shall not prohibit
1e continued employment of any employee of a cout
nployed by such court on or before December 31,
190, or any employee of a court who becomes a
-embor of a judge's immediate family subsequent to
nployment; “nor shall such provisions be construed
y hinder, alter, or in any way affect promotional
ivancements for any such employee. The provisions
? this Subsection pertaining to nepotism shall not
ply to mayors or justices of the peace.
C. Recusation, The recusation of judges is gov-
ened by law.
mended April 23. 1985; Dec. 8, 1990; amended and effee-
ve June 8, 1983.

AppENDIX 10 Canon 3
Gurpe.ives ror Exrenpep Mspia
Coverace oF PROCEEDINGS IX
APPELLATE CourTRooms

1. As used in these guidelines,

A. “Extended coverage” means any recording or
voadcasting by the news media of court proceedings
sing television, radio, photographic or recording
quipinent.

B. “Presiding Judge” means the Chief Justice of
he Supreme Court of Louisiana, the Chief Judge of a
Jourt, of Appeal, or the senior judge of a panel of
rhich the Chief Justice or Chief Judge is not a
rember,

C. “Proceeding” means any hearing, motion, argu-
rent on appeal or other matter held in open court
‘hich the public is entitled to attend.

D. “Party” means a named litigant of record who
as appeared in the case, and includes a party's
ounsel of record.

E. “Media” means legitimate news gathering and
porting agencies and their representatives.

07

F._ “Court” means an appellate court, and includes
the Supreme Court of Louisiana and the Courts of
Appeal of the several circuits.

Tl, All extended media coverage of court proceed-
{ngs shall be governed by the principle that the deco-
rum and dignity of the court, the courtroom and the
judicial process will be maintained at all times. Reso-
lution of any question of coverage or procedure not
specifically addressed in this section will be guided by
this overriding principle.

II A. The consent or approval of parties to
extended coverage is not required. Parties may ob-
ject to extended coverage by filing a written objection
stating the reasons therefor with the clerk of court at
least 10 days prior to the date of the proceedings.
Upon objection by a party, or on the court’s own
motion, the presiding judge may prohibit or limit
extended coverage of a proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by law must or may be held in
private.

C. The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court.

IV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of a proceeding is given by the
‘media to the elerk of court at least 20 days in advance
of the proceeding, provided that only reasonable no-
tice shall be required for coverage of expedited pro-
ceedings not regularly calendared.

'YV. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives. Film, videotape, photographs, and audio
reproduction shall not be used for commercial or
political advertising purposes. Such use of these ma-
terials will be regarded as an unlawful interference
with the judicial process.

VI. Extended coverage of investitive or ceremonial
proceedings at variance with these guidelines may be
authorized by the court.

VIL. When extended coverage is permitted, all
representatives shall have equally the right to
provide coverage. When extended coverage is to be
provided by more than one media representative, the
media collectively should designate one representati
to coordinate with the court all matters dealing with
extended coverage. Any pooling arrangements
among the media required by the limitations and
restrietions on equipment and personnel contained in
these guidelines shall be the sole responsibility of the
media and must be made in advance of the court
proceedings to be covered. Judges and court person-
ne] will not mediate any dispute as to the appropriate
media representative or equipment authorized to cov-
er a particular proceeding. If pooling arrangements
cannot be made or if there are unresolved media

DEF00085



5442

RULES OF PROFESSIONAL CONDUCT

Art. 18

serving as a member of the Ethics Advisory Service
Committee.

Reenacted Jan. 20, 2004, effective March 1, 2004. Amended
‘May 12, 2004, effective May 29, 2004,

Rule 84. Misconduct

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Pro-
fessional Conduct, knowingly assist or induce another
to do so, or do so through the acts of another;

(b) Commit a criminal act especially one that re-
fleets adversely on the lawyer's honesty, trustworthi-
ness or fitness as a lawyer in other respects;

(©) Engage in conduct involving dishonesty, fraud,
deceit or misrepresentation;

(a) Engage in conduct that is prejudicial to the
administration of justice;

(e) State or imply an ability to influence improperly
a judge, judicial officer, governmental agency or offi-
cial or to achieve results by means that violate the
Rules of Professional Conduet or other law;

(O Knowingly assist a judge or judicial officer in
conduet that is a violation of applicable Rules of
Sudicial Conduet or other law; or

(g) Threaten to present criminal or disciplinary
charges solely to obtain an advantage in a civil matter.
Reenacted Jan. 20, 2004, effective Mareb 1, 200.

Rule 85. Disciplinary Authority; Choice of Law

(@) Disciplinary Authority. A lawyer admitted to
practice in this jurisdiction is subject to the disciplin-
ary authority of this jurisdiction, regardless of where
the lawyer's conduct oceurs, A’ lawyer not admitted
in this jurisdiction is also subject to the disciplinary
authority of this jurisdiction if the lawyer provides or
offers to provide any legal services in this jurisdiction.
A lawyer may be subject to the disciplinary authority
of both this jurisdiction and another jurisdiction for
the same conduct,

(©) Choice of Law. In any exercise of the diseiplin-
ary authority of this jurisdiction, the rales of profes-
sional conduct to be applied shall be as follows:

(1) for conduct in connection with a matter pend-
ing before a tribunal, the rules of the jurisdiction in
which the tribunal sits, unless the rules of the
tribunal provide otherwise; and

1029

) for any other conduct, the rules of the juris-
liction in which the lawyer's conduct occurred, or, if
the predominant effect of the conduct is in a differ-

ent jurisdiction, the rules of that jurisdiction shall

‘be applied to the conduct. A lawyer shall not be

subject to discipline if the lawyer's conduct, con-

forms to the rules of a jurisdiction in which the
lawyer reasonably believes the predominant effect
of the lawyer's eonduet will occur.
Reenacted Jan. 20, 2004, effective March 1, 2004. Amended
March 8, 2005, effective April 1, 2005.

ARTICLE XVI. AMENDMENTS

Section 1, Amendments

‘These Articles of Incorporation, except Articles
XIV, XV, and XVI, may be amended by a majority
vote, by a secret mail ballot, of the members of this
Association who actually vote. Such Amendments
may be proposed by a majority vote of the House of
Delegates or by a majority vote of the members of the
‘Association at the Annual Meeting or on a written
petition signed by one hundred (100) members and
filed with the Secretary-Treasurer. The details for
the balloting, ineluding the time for voting and the
contents of the ballot, shall be provided by the Board
of Governars.

Axticles XIV, XV, and XVI ean be amended only by
a majority vote of the House of Delegates, approved
by the Supreme Court of Louisiana.
Amended Jan. 11, 1977, effective Jan. 26, 1977.

ARTICLE XVIII. PERSONAL LIABILITY
OF MEMBERS OF THE BOARD OF
GOVERNORS OR OFFICERS

No member of the Board of Governors or officer of
this Association shall be personally liable to the Asso-
ciation or its members for monetary damages for
breach of fiduciary duty as a member of the Board of
Governors or as an officer, except to the limited extent
provided by Louisiana corporation statutes.

Nothing contained herein shall be deemed to abro-
gate or diminish any exemption from liability or limi-
tation of lisbility of the members of the Board of
Governors or officers of this Association which is
provided by law.

Added Jan. 10, 1991.

DEF00192


5361

Canon 7

CODE OF JUDICIAL CONDUCT.

F. Other Political Activity. 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, or as expressly autho-
rized by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A success-
ful candidate, whether or not an incumbent, is subject
to judicial discipline for his or her campaign conduct;
an unsuecessful 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 Rule 82a) and (b) of the Louisiana Rules of
Professional Conduct.

H. Definition of Candidate, A candidate is a
person seeking election or reelection to a judicial
offie. A person becomes a candidate for judicial
offiee as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
with the election or appointment authority, or autho-
rizes solicitation or acceptance of contributions or
support, whichever oceurs first. ‘The term “candi-
date” has the same meaning when applied to a judge
seeking election to judicial or non-judicial office.

1. Candidacy for Non-Judicial Office. A judge
shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a 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 other-
vwise permitted by law to do so.

‘Amended June 28, 1983; amended and effective June 3, 1993;
‘amended July 3, 1996, effective July 8, 1996; amended and
effective July 1, 1997.

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
ing judicial funetions, including an officer such as a
Judge ad hoc, judge pro tempore, referee, special
Taster, court commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose af this Code.
All judges shall comply with this Code.

A. Part-Time Judge. A part-time judge is a
judge 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 fulltime judge.

A part-time judge:

(1) is exempt from Canons 502), 5D, and 5E;

) shall not practice law in the court on which he
or she serves or in any court subject to the appellate
Jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has

750

served as a judge or in any other proceeding related
thereto.

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoc is a person
who is appointed to act with regard to a specific case
or cases.

(2) While acting as such, a judge pro tempore or ad
hhoe is not required to comply with Canons 5C(),
5C(3), 5D, and 5E.

(2) A person who has been a judge ad hoe or judge
pro tempore shall not act as_a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto,

C. Retired Judge. A retired judge is not gov.
emed by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C),
5D, and 5E.

Amended Oct. 29, 1982; amended and effective June 3, 1993;
amended July 8, 1996, effective July 8, 1996.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. ‘The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

The Committee shall consist of nine members, as
follows:

(a) The Chief Justice and one other member of the
‘Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Jud

(© The President of the District Judges Associa-
tion and one other District Judge;

(@) The President of the City dudges Association;

(e) The Judicial Administrator; and

(f) The President of the Louisiana State Bar Asso-
ciation.

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court, shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

DEFO0111


5346

LA ST CJC Canon 5 Page 2
Code of Jud.Conduct, Canon 5, 8 LSA-R'.

the number of cases in which he or she is disqualified. As soon as a judge can do
so without serious financial detriment, he or she shall divest himself or herself
of investments and other financial interests that might require frequent recusa—
tion.

(4) Information acquired by a judge in his or her judicial capacity shall not be
used or disclosed by the judge in financial dealings or for any other purpose not.
related to judicial duties.

D, Service as Arbitrator or Nediator. A judge shall not act as an arbitrator or
mediator or otherwise perform judicial functions in a private capacity.

E. Extra-Judicial Appointments. A judge shall not accept appointment to a govern-
mental committee, commission, or other 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, however, may represent his or her
county, state, or locality on ceremonial occasions or in connection with histori-~
cal, educational, and cultural activities.

© 2010 Thomson Reuters, No Claim to Orig. US Gov. Works.

DEFO00s6


5434

CODE OF JUDICIAL CONDUCT

Canon 7

(ii) while proceeding is pending in any Loui-
siana state court, make any public comment that
might reasonably be expected to affect its out-
come or impair its fairness.

(©) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B()(a).

C. A Judge or a Judicial Candidate May:
Q) At any time

(@) attend political gatherings;

() identify himself or herself as a member of a
political party;

(2) During his or her candidacy

(2) speak to gatherings on his or her own behalf;

(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;

(© distribute pamphlets or other promotional
campaign literature supporting his or her candida-

(@) contribute to a political organization and/or be

included on a political ticket or endorsement.

D. Campaign Committees

(1) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit. publicly
stated support,

@) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,

mailings, candidate forums and other means not pro-

hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
‘ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or cvereion may be ap-
plied in auch solicitation,

(8) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than two years before the primary election.
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting

that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
bbe solicited or accepted.

(A) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

E, Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
‘himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the eampaign contributors or by donation to a

charitable organization. ‘The judge or judicial candi-
date may retain campaign funds in the follow
amounts proportionate to the population of the judge's
or judicial candidate's election district:

Popul at of ‘Amount of Carapaign Funds
Election District tat Maye Retained

Below 25,000 ‘25,000
'25,000-100,000 $ 50,000
:100,001-200,000 $ 75,000
+200,001-300,000 $100,000
300,001-400,000 $125,000
‘Over 400,000 $150,000

F. Other Political Activity. 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, or’as expressly author-
ized by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A success-
ful candidate, whether or not an incumbent, is subject
to judicial discipline for his or her campaign conduct;
aan unsuccessful eandidate 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 Rule 82(a) and (b) of the Louisiana Rules of
Professional Conduct.

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
with the election oF appointment authority, or author-
ies solicitation or acceptance of contributions or sup-
port, whichever occurs first. The term “candidate”
has the same meaning when applied to a judge seek-
ing election to judicial or non-judicial office,

I. Candidacy for Non-Judicial Office. A judge
shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a 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 other-
wise permitted by law to do so,

Amended June 28, 1983; Amended and effective June 3,
1993; amended July 3, 1996, effective July 8, 1996; amended
and effective July 1, 1997; amended March 18, 2002, effective
‘April 15, 2002; amended Jan. 18, 2005, effective Feb. 1, 2005.

Court Commentary Regarding 2002
‘Amendment to Canon 7
‘The 2002 amendment to Canon TB(IXA) of the
Code of Judicial Conduct, concerning public cora-
iments about pending or impending proceedings, is
‘not intended to apply to in-court comments by
lawyer eandidates, or comments regarding a case ot
proceeding that the lawyer candidate is participst-
{ng in. Comments by a lawyer candidate regarding
a proceeding that the lawyer eandidste is participat-

DEF00184


5437

Art. 16, Rule 5.3

STATE BAR ASSOCIATION

censure that the person's conduct is compatible with
the professional obligations of the lawyer; and
(©) a lawyer shall be responsible for conduct of such
a person that would be a violation of the Rules of
Professional Conduet if engaged in by a lawyer if
(1) the lawyer orders or, with the knowledge of
the specific conduct, ratifies the conduct involved;
or

@ the lawyer is a partner or has comparable
managerial authority in the law firm in which the
person is employed, or has direct supervisory au-
thority over the person, and knows of the conduct at
a time when its consequences can be avoided or
mitigated but fails to take reasonable remedial ac-
tion.

Reenacted Jan. 20, 2004, effective March 1, 2004.

Rule 54. Professional Independence of a Lawyer
(@) A lawyer or law firm shall not share legal fees

with a nonlawyer, except that:

(1) an agreement by a lawyer with the lawyer’s
firm, partner, or associate may provide for the
payment of money, over a reasonable period of time
after the lawyer’s death, to the lawyer's estate or to
one or more specified persons;

@) a lawyer who undertakes to complete unfin-
ished legal business of a deceased lawyer may pay
to the estate of the deceased lawyer that proportion
of the total compensation which fairly represents
the services rendered by the deceased lawyer;

(8) a lawyer or law firm may include nonlewyer
employees in a compensation or retirement pian,
even though the plan is based in whole or in part on
a profit-sharing arrangement; and

(4) [Reserved]

@) a lawyer may share legal fees as otherwise
provided in Rule 72(0),

(b) A lawyer shall not form a partnership with a
nonlawyer if any of the activities of the partnership
consist of the practice of la

(©), A lawyer shall not permit a person who recom-
mends, employs, or pays the lawyer to render legal
services for another to direct or regulate the lawyer's
professional judgment in rendering such legal ser-
views.

@ A lawyer shall not practice with or in the form
of a professional corporation or association authorized
to practice law for profit, if:

Q) a nonlawyer owns any interest therein, except
that a fiduciary representative of the estate of a
lawyer may hold the stock or interest of the lawyer
for a reasonable time during administration;

(2) a nonlawyer is a corporate director or officer
thereof or occupies the position of similar responsi-
bility in any form of association other than a corpo-
ration; or

(8) a nonlawyer has the right to direct or control
the professional judgment of a lawyer.
Reenacted Jan. 20, 2004, effective March 1, 2004.

Rule 55. Unauthorized Practice of Law; Multiju-
risdictional Practice of Law

(a) A lawyer shall not tice law in violation of
the regulation of the legal profession in that jurisdic-
tion, oF assist, another in doing so.

(0) A lawyer who is not admitted to practice in this
jurisdiction shall not:

(1) except as authorized by these Rules or other
law, establish an office or other systematic and
continuous presence in this jurisdiction for the prac-
tice of law; oF

(2) hold out to the public or otherwise represent,
that the lawyer is admitted to practice law in this
jurisdiction.

(© A lawyer admitted in another United States
Jurisdiction, and not disbarred or suspended from
practice in any jurisdiction, may provide legel services
on a temporary basis in this jurisdiction that:

(2) are undertaken in association with a lawyer
who is admitted to practice in this jurisdiction and
who actively participates in the matter;

(2) are in or reasonably related to a pending or
potential proceeding before a tribunal in this or
another jurisdiction, if the lawyer, or a person the
lawyer is assisting, is authorized by law or order to
appear in such proceeding or reasonably expects to
be s0 authorized;

(@) are in or reasonably related to a pending or
potential arbitration, mediation, or other alternative
dispute resolution proceeding in this or another
Jurisdiction, if the services arise out of or are rea-
‘sonably related to the lawyer's practice in a jurisdic-
tion in which the lawyer is admitted to practice and
are not services for which the forum requires pro
hae vice admission; or

4) are not within paragraphs (eX2) or (c)3) and
arise out of or are reasonably related to the law-
vyer's practice in a jurisdiction in which the lawyer is
admitted to practice,

(@ A lawyer admitted in another United States
jurisdiction, and not disbarred or suspended from
practice in any jurisdiction, may provide legal services
in this jurisdiction that:

(1) are provided to the lawyer’s employer or its
organizational affiliates and are not services for
which the forum requires pro hac vice admission
and that are provided by an attorney who has
received a limited license to practice law pursuant
to La. $. Ct, Rule XVII, § 14; or

@) are services that the lawyer is authorized to
provide by federal law or other law of this jurisdic-
tion.

1024

DEF00187


5314

Canon 7

CODE OF JUDICIAL CONDUCT

(¢) solicit funds for or pay an assessment or
make a contribution to a political organization or
candidate, attend political gatheringes or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection A(2);
(2A judge holding an office filled by public

election between competing candidates, or a candi-
date for such office, may, only insofar as permitted
by law, attend political gatherings, speak to such
gatherings on his own behalf when he is a candidate
for election or reelection, identify himself as a
member of @ political party, and contribute to a
political party or organization,

(8) A judge should resign his office when he
becomes a candidate either in a party primary or in

general election for a non-judicial office, except
that he may continue to hold his judicial office while
being a candidate for election to or serving as a
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(4) A judge should not engage in any other politi-
cal activity except on behalf of measures to improve
the law, the legal aystem, or the administration of
justice.

B, Campaign Conduct. A candidate, including
an ineumbent judge, for a judicial office that is
filled either by public election between competing
candidates or on the basis of a merit system elec-
tion:

(@) should maintain the dignity appropriate to ju-
dicial office, and should encourage members of his
family to adhere to the same standards of political
conduct that apply to him;

(b) should prohibit public officials or employees

subject to his direction or control from doing for

him what he is prohibited from doing under this
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(©) should not make pledges or promises of con-
duct in office other than the faithful and impartial

formance of the duties of the office; announce
is views on disputed legal or political issues; oF

misrepresent his identity, qualifications, present po-
sition, or other fact,
Amended June 28, 1983.

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT
Anyone, whether or not a lawyer, who is an
officer of @ court of record performing judicial
functions, including an officer such as a judge ad
hoe, referee, special master, court commissioner, or
magistrate, ‘and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All

m4

judges should comply with this Code except as
provided below.

A. Part-Time Judge. A parttime judge is a
judge who serves on continuing or periodic basis,
but is permitted by law to devote time to some other
profession or occupation and whose compensatio
for that reason is less than that of «fulltime judge,

A part-time judge:

(1) is not required to comply with Canon §C(2),
5D, and 5E;
should not practice law in the court on which
es or in any court subject to the appellate
jurisdiction of the court on which he serves, or act
as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to.

B. Judge Pro Tempore, A judge pro tempore is
a person who is appointed to act temporarily as a

ge.

(1) While acting as such, a judge pro tempore is
not required to comply with Canon 5C(2), 6C(3), 6D,
and 5E.

(2) A person who has been a judge pro tempore
should not aet as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto.

C. Retired Judge. A retired judge is not gov-
cerned by the provisions of this Code, except when
he is sitting by assignment and then he shall be
subject to the rules applicable to a judge pro tem-
pore.

Amended Oct. 29, 1982.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judilary
related to the interpretation of these canons,
Supreme Court Committee on Judicial Ed

created. The function of this Committee
shall be limited to the issuance of advisory opinions
on its own motion or in response to inquiries from
any judge insofar as these canons may affeet him.

‘The Committee shall consist of nine members, as
follows:

(a) The Chief Justice and one other member of
the Supreme Court;

(b) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal
Sudge;

(e) The President of the District Judges Associa-
tion and one other District Judge;

(@) The President of the City Judges Association;

(e) The Judicial Administrator; and

DEF00064


5310

Canon 3

CODE OF JUDICIAL CONDUCT.

CANON 3
A Judge Should Perform the Duties of His
Office Impartially and Diligently

‘The judicial duties of o judge take precedence
over all his other activities, His judicial duties
include all the duties of his office preseribed by law.
In the performance of these duties, the following
standards apply:

A. Adjudicative Responsibilities.

@) A jud
maintain professional competence in it, He should
be unswayed by partisan interests, publie elamor, or
fear of criticism.

(2) A judge should maintain order and decorum in
proceedings before him.

(8) A judge should be patient, dignified, and cour
teous to litigants, jurors, witnesses, lawyers, and
others with whom he in his official capacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and others subject to his
direction and control.

(4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu-
mente or communications designed to influence his
judicial action in any case, either civil or criminal.
‘A judge should not accept in any ease briefs, docu-
monta or written communications intended or ealeu-
lated to influence his action unless the contents are
promptly made known to all pares, Judges of
appellate courts should also avoid all actions or
language which might indicate to counsel, igants
‘or any member of the public, the particular member
of the cour to wham a cate alloted or assgned

‘any purpose. Similar circumspection
exacted on the part of court officers, clerks and
secretaries.

(8) A judge should dispose promptly of the busi-
ess of the co

(6) A judge should abstain from public comments
about » pending or impending proceeding in any
court, and should require similar abstention on the
part of court personnel subject to his direction and
control, ‘This subsection 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.

(1) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediate-
ly adjacent thereto at least during sessions of court
or recesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographie means
for the presentation of evidence, for the perpetua-
70

tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or
photographing of investitive or ceremonial pro-
ceedings;

(©) the photographie or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

() the means of recording will not distract
jpants or impair the dignity of the pro-
ceedings;

(i the parties have consented, and the con-
sent to being depicted or recorded has been
obtained from each witness appearing in the
recording and reproduction;

(ii) the reproduction will not be exhibited un-
til after the proceeding has been concluded and
all direct appeals have beon exhausted; and

(iv) the reproduction will be exhibited only
for instructional purposes in educational institu-
tions.

‘An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
Mourta it accordance with the guidelines eet forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum
and prevent distractions, and (c) ensure the fair
administration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge should diligently discharge his sdmin-
istrative responsibilities, maintain professional com-
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court offici

(2) A judge should require his staff and court
officials subject to his direction and control to ob-
serve the standards of fidelity and diligence that
apply to him,

(3) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for
unprofessional conduct of which the judge may be-
come aware.

(4) A judge should not make unnecessary appent:
ments, All appointments sligotd be made on an
impartial basis, with a view of selecting competent
persons of good moral character. A judge should
avoid appointments which tend to create suspicion
of impropriety. A judge should not approve the
compensation of appointees beyond the fair value of
services rendered, A judge should avoid nepotism.
No spouse or member of the immediate family of
judge shall be employed in the court to which that

DEF00060


5272

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976
Including Amendments Received Through March 1, 1988

Table of Canons

Gane" sadge Should Uphold the Integrity and Indepen-
dence of the Judiciary.

‘Judge Should Avoid impropriety and the Appear-
ance of Impropriety in All his Activities.

‘A Judge Should Perform the Duties of his Office
Impartially and Diligently.

‘A Judge May Engage in Activities to Improve the
‘Law, the Legal System, and the Administration of

sep

Tustiee,

5. A Judge Should Regulate his ExtraJudicial Activities
to Minimize the Risk of Confliet with his Judicial
Duties. —_

6, A Judge Should Accept Compensation for Quasiudi-

‘and ExtraSudicial Activities Only under Re-

stricted Cireumstances.

7. A Judge Should Refrain from Political Activity Inap-
propriate to his Judicial Office,

Compliance with the Code of Judicial Conduct.

Committee on Judicial Ethics.

CANON 1. A JUDGE SHOULD UPHOLD
THE INTEGRITY AND INDEPENDENCE
OF THE JUDICIARY

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
Participate in establishing, maintaining, and enfore-
ing, and should himself observe, high standards of
conduct so that the integrity and independence of
the judiciary may be preserved. ‘The provisions of
this Code should be construed and applied to further
that objective. As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence,

CANON 2. A JUDGE SHOULD AVOID IM-
PROPRIETY AND THE APPEARANCE
OF IMPROPRIETY IN ALL HIS AC-
TIVITIES
A. A judge should respect and comply with the
law and should conduct himself at all times in a
manner that promotes public confidence in the in-
tegrity and impartiality of the judiciary.
B. "A judge should not allow his family, social, or
other relationships to influence his judicial conduct,
or judgment. “He should not lend the prestige of his,

office to advance the private interest of others;
should he convey or permit others to co
impression that they are in a special position to
influence him. He should not testify voluntarily as
a character witness.

CANON 3. A JUDGE SHOULD PERFORM
THE DUTIES OF HIS OFFICE
IMPARTIALLY AND DILIGENTLY

‘The judicial duties of a judge take precedence
over all his other activities. His judicial duties
include all the duties of his office prescribed by law.
In the performance of these duties, the following
standards apply:

A, Adjudicative Responsibilities

(1) A judge should be faithful to the law and
maintain professional competence in it. He should
be unswayed by partisan interests, public clamor, or
fear of criticism.

(2) A judge should maintain order and decorum in
proceedings before him.

(8) A judge should be patient, dignified, and cour-
teous to litigants, jurors, witnesses, lawyers, and
others with whom he deals in his official capacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and others subject to his
direction and control,

(4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu-
ments or communications designed to influence his
judicial action in any case, either civil or criminal,
‘A judge should not accept in any case briefs, doc-
uments or written communications intended or cal-
culated to influence his action unless the contents
are promptly made known to all parties. Judges of
appellate courts should also avoid all actions or
language which might indicate to counsel, litigants
or any member of the public, the particular member
of the court to whom a case is allotted or assigned
for any purpose. Similar cireumspection should be
exacted on the part of court officers, clerks and
secretaries.

(8) A judge should dispose promptly of the busi-
ness of the court.

(6) A judge should abstain from public comments
about @ pending or impending proceeding in any

DEF00022



5301

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976

Including Amendments Received Through
March 15, 1992

Research Note

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Table of Canons

PPA" Judge Should Uphold the Tategrity and indepen
dence of the Judiciary,
judge Should Avoid Imy
ance of Impr propriety in ities.
8, A Judge Should Perform the Duties of His Office
Impartially and Diligently.
Arends to Canon 3, Guidelines for Extended Media
ge of Proceedings in Appellate Courtrooms.
aA one Mey Pagal Sait in Actin

ivhies to Improve the
System, and the Administration of

CANON 1
A Judge Should Uphold the Integrity ~
and Independence of the Judiciary

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
Participate in establishing, maintaining, and enfore-
tog and should helt ebaerve, igh standards of

conduct so that the integrity and independence of
the judiciary may be preserved. The provisions of
this Code should be construed and applied to further
that objective, As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence.

Hare ‘Judge Should Regulate His ExtreJudicial Activities
to Minimize the Risk of Conflict With His Judicial

Dutie

6. A Judge Should Accept Compensation for QuasisJudi-
cial and ExtraJudicial Activities Only Under Re-
stricted Circumstances.

7. A Judge Should Refrain From Political Activity Inap-
propriate to His Judicial Office.

‘Compliance With the Code of Judicial Conduct.

Committee on Judicial Ethics.

IN 2
A Judge Should Avoid Impropriety and the
‘Appearance of Impropriety in
All His Activities

‘A. A judge should respect and comply with the
law and should conduct himself at all times
tanner that promotes public confidence in the in
tegrity and impartislity of the judiciary.

B. A judge should not allow his family, social, or
sane iiediareehrecte
or judgment, He should ni e
office to advance the private interest of others; nor
should he convey or permit others to convey the
impression that. the ial posi
influence him. He should not testify voluntarily as
a character witness.

67

DEF00051


5305

CODE OF JUDICIAL CONDUCT

Canon 7

CANON 5
A Judge Should Regulate His Extra~
Judicial Activities to Minimize the Risk of
Conflict with His Judicial Duties

A. Avocational Activities, A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and
recreational activities, if such avocational activities
do not detract from the dignity of his office or
interfere with the performance of his judicial duties.

B, Civic and Charitable Activities. A judge
may participate in civic and charitable activities that
do not reflect adversely upon his impartiality or
interfere with the performance of his judicial duties.
‘A judge may serve as an officer, director, trustee,
or non-legal advisor of an educational, religious,
charitable, fraternal, or civie organization not con-
ducted for the economic or political advantage of its
members, subject to the following limitations:

(1) A judge should not serve if itis likely that the
organization will be engaged in proceedings that
would ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

2) A judge should not solicit funds for any edu-
cational religious, charitable, fraternal, or civil or-

ition, or use or permit the use of the prestige
SF his office for that purpose, but he may be listed
a8 an officer, director, or trustee of such an orga-
nization. He should not be a fund raising speaker
or the guest of honor at an organization's fund
raising events, but he may attend such events,

C. Financial Activities.

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, fnterfere with the proper perform-
ance of his judicial duties, exploit his judicial posi-
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on which he serves.

@) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
real estate, and engage in other remunerative activi-
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu-
‘ion, homestead or savings and loan association,
nsurance company, public utility, and other busi-
resues affected with a public interest.

(8) A judge should manage his investments and
ther financial interests to minimize the number of
ses in which he is disqualified. As soon as he can

0 0 without serious financial detriment, he should
ivest himself of investments and other financial
vterests that might require frequent recusation,

(4) A judge or a member of his family residing in
is household should not accept any gifts or favors

681

which might reasonably appear as designed to af-
fect his judgment or influence his official conduct.

(6) Information acquired by a judge in his judi
capacity should not be used or disclosed by him in
financial dealings or for any other purpose not
related to his judicial duties.

D. Arbitration. A judge should not act as an
arbitrator or mediator.

E. ExtraJudicial Appointments. A judge
should not accept appointment to a governmental
committee, commission, or other 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,
however, may represent his country, state, or locali-
ty on ceremonial occasions or in connection with
historical, edueational, and cultural activities.

CANON 6
A Judge Should Accept Compensation
for Quasi-Judicial and Extra-Judiclal
Activities Only Under
Restricted Circumstances

A judge may reesive compensation and reimburse
ment. of expenses for the quas
judicial activities permitted by this Coles iF te
source of such payments does not give the appear-
ance of influencing the judge in his judicial duties or
otherwise give the appearance of impropriety, sub-
ject to the following restrictions:

‘A. Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what
a person who is not a judge would receive for the
same activity.

B. Expense Reimbursement. Expense reim-
bursement should be limited to the actual cost of
travel, food, and lodging reasonably ineurred by the
judge and, where appropriate to the occasion, by his
spouse. Any payment in excess of such an amount

CANON 7
A Judge Should Refrain From Political
Activity Inappropriate
to His Judicial Office
A. Political Conduct in General.
(1) A judge or a candidate for election to judicial
office should 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;

DEF00055


5334

Canon 3

CODE OF JUDICIAL CONDUCT.

CANON 3
‘A Judge Shall Perform the Duties of
Office Impartially and Diligently

The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge should be faithful to the law and main-
tain professional competence in it. A judge should be
unswayed by partisan interests, public clamor, or fear
of eriticism.

@) A judge should maintain order and decorum in
judicial proceedings.

(3) A judge should be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
rection and control.

4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
mance 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 ori-
gin, disability, age, sexual orientation or socioeconomic
status, and shall not permit staff, court officials or
‘others subject to the judge's direction and control to
do so,

(5) 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 orienta-
‘tion or socioeconomic status, against parties, wit-
nesses, counsel or others. ‘This Seetion 3A(6) does not
preclude legitimate advocacy when rave, sex, religion,
national origin, disability, age, sexual orientation or
socioeconomic status, or other similar factors, are
issues in the proceeding.

(6) Except as permitted by law, a judge should not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any ease, either civil or eriminal, A
judge should not accept in any case briefs, documents.
or written communications: intended or calculated to
influence his or her action unless the contents are
promptly made known to all parties. Judges of appel-
late courts should also avoid all actions or language
which might indicate to counsel, litigants or any mem-
ber of the public, the particular member of the court
‘to whom a case is allotted or assigned for any pur-
pose. Similar cireumspection should be exacted on
the part of court officers, clerks and secretaries.

(1 A judge should dispose promptly of the business
of the court.

706

(8) A judge should abstain from public comm
about a pending or impending proceeding in ans
court, and should require similar abstention on the
part of court personnel subject to his or her direction
and control. ‘This subsection does not prohibit judges
from making public statements in the course of their
official duties or from explaining for public informa-
tion the procedures of the court,

(9) Except as herein provided a judge should pro-
hibit broadeasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authorize:

{a) the use of electronie or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(©) the photographie or electronie recording and
reproduetion of appropriate court proceedings un-
der the following conditions:

(@ the means of recording will not distract
participants or impair the dignity of the proceed-

in

i) the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduetion;

(iii) the reproduction will not be exhibited until
after the proceeding hes been concluded and all
direct appeals have been exhausted; and

(Gv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appells
‘courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (¢) ensure the fair adminis-
tration of justice in the pending cause,

B. Administrative Responsibilities.

(1) A judge should diligently discharge administra
tive responsibilities, maintain professional competence
in judicial administration, and facilitate the perfor-
mance of the administrative responsibilities of other
Judges and court officials.

(2) A judge should require staff and court officials
subject to his or her direction and control to observe
the standards of fidelity and diligence that apply to
the judge.

DEF00084


5396

CODE OF JUDICIAL CONDUCT.

Canon 7

(1) A judge or judicial candidate shall not:

(@) act as a leader or hold any office in a political
organization;

(0) publicly endorse or publicly oppose another
candidate for public office;

(c) make speeches on behalf of a political organi-
zation or a candidate for public office;

(@ except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B. Campaign Conduct,
(1) A judge or judicial candidate:

(a) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
integrity and independence of the judiciary, and
should encourage the 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 should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

2) shall not

() make pledges or promises of conduct, in
office other than the faithful and impartial perfor-
mance of the duties of the office;

(ii) make statements that commit or appear to
‘commit the candidate with respect to cases, con-
troversies, or issues that are likely to come before
the court;

Gi) knowingly misrepresent the identity, quali-
fications, present position or other fact coneern-
ing the candidate or an opponent; or

(iv) while a proceeding is pending or impending
in any court, make any public comment that
might reasonably be expected to affect its out-
come or impair its fairness.

(€) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1)¢).

C. A Judge or a Judicial Candidate May:
(1) At any time

(a) attend political gatherings;

(b) identify himself or herself as a member of
political party;

(2) During his or her candidacy

(a) speak to gatherings on his or her own behalf;

(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;

(©) distribute pamphlets or other promotional
campaign literature supporting his or her candida-
ow

(@) contribute to a political organization and/or be
included on a politieal ticket or endorsement.

D, Campaign Committees

(1) A judge or judicial candidate shal! not personal-
ly solicit or accept campaign contributions. A judge
oF judicial candidate may personally solicit publicly
stated support.

(2) A candidate tay also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi
ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coereion may be ap-
plied in such solicitation.

(8) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than two years before the primary electio
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campaign contributors or by donation to a
charitable organization, The judge or judicial candi-
date may retain campaign funds in the following
amounts proportionate to the population of the judge's
or judicial candidate's election district:

Population of Amount of Campaign Funds
"That May Be Retained

Election District

Below 25,000 $35,000,
:25,000-100,000 $ 60,000
100,001~200,000 $75,000
+200,001-300,000 $100,000
300,001-400,000 $125,000
Over 400,000 $160,000

DEF00146


5389

CODE OF JUDICIAL CONDUCT.

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Supreme Court shall select one district
court judge and one juvenile or family court judge
‘who shall serve for terms of two years;

(a) The Conference of Court of Appeal Judes aba
select one member to serve on the Committee for two

years;

{e) The District, Ju
member to serve on

8 Association shall select one
e Committee for two years;
(©) ‘The Chairperson of the Conference of Court of
Appeal Judges, the President of the District. Indges

902

‘Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
bbe members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. ‘The Committee shall make its own rules
and select members to serve in such other offices as it
creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires,

Amended Oct. 31, 1975, effective Jan. 1, 1976; amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended May 28, 1998, effective July 1, 1998.

DEF00139


CODE OF JUDICIAL CONDUCT

C. The decision of the presiding judge on any
question of coverage shall be final and shall not
be subject to review by any other court.

TV. Extended coverage of a proceeding shall
not be permitted unless notice of intention to
provide extended coverage of a proceeding is giv-
fn by the media to the clerk of court at least 20
days in advance of the proceeding, provided that
only reasonable notice shall be required for cover
‘age of expedited proceedings not regularly calen-
dared.

'V, Extended coverage of court proceedings
may be provided by news media agencies and
their representatives. Film, videotape, photo-
‘graphs, and audio reproduction shall not be used
for commercial or political advertising purposes.
Such use of these materials will be regarded as
an unlawful interference with the judicial process.

YI. Extended coverage of investitive or cere-
monial proceedings at variance with these guide-
lines may be authorized by the court.

‘VIL When extended coverage is permitted, all
media representatives shall have equally the right
to provide coverage. When extended coverage is
to be provided by more than one media represent-
ative, the media collectively should designate one
representative to coordinate with the court all
matters dealing with extended coverage. Any
pooling arrangements among the media required
by the limitations and restrictions on equipment
and personnel contained in these guidelines shall
be the sole responsibility of the media and must

covered. Judges and court personnel will not
mediate any dispute as to the appropriate media
representative or equipment authorized to cover &
particular proceeding. If pooling arrangements
Eannot be made or if there are unresolved media,
disputes, the presiding judge may deny extended
coverage of proceedings.

‘VII. A. No more than two portable tele-
vision cameras, each operated by no more than
one eamera person and positioned as unobtrusive:
ly as possible at locations approved by the court,
shall be permitted to be physically in the court-
room. Only television equipment. which does not
produce light or distracting sound will be permit-
ted. Videotape recording equipment which is not
component part of a television camera shall,
whenever possible, be located in an area outside
the courtroom.

B. No artificial lighting device of any kind
shall be employed in connection with the tele-
vision camera. With the approval of the court,
modifications and additions to existing courtroom
lighting may be made provided such modifications
or additions are installed and maintained without
Public expense. Multiple video/audio feeds may
be permitted but must be provided by a video/au-
dio distribution system, furnished by the media,
located outside the courtroom.

IX. A. No more than one still photographer,
using not more than two still cameras with not
more than two lenses for each camera without

5267

58

Canon 3

flash or other artificial light, shall be permitted to
‘be physically in the courtroom. Still cameras
must not produce distracting sound and should
produce no greater sound than the Leiea M Series
Rangefinder camera. Motorized film advance
systems will not be permitted.

B. The photographer shall position himself in
a place designated by the presiding judge and
remain in that area except when the proceeding is
in recess. Changing of lenses or film will only be
done during a recess.

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom. Au-
dio pickup should be made from existing audio
systems in the courtroom whenever possible. If
no technically suitable audio system exists in the
courtroom, microphones and related wiring shall
be permitted but must be unobtrusive and located
in places designated in advance by the presiding
judge. Multiple radio feeds rather than a pooling
‘aystem may be permitted but must be provided by
an audio distribution system, provided by the
media, located outside the courtroom.

XI. When extended media coverage is autho-
rized, individual journalists may bring tape re-
corders into the courtroom and use them to
record proceedings so long as they do not cause

traction. Journalists using tape recorders

at any place in the audience portion of the

courtroom, but must keep their tape recorder on

their person at all times. Changing of tape cas-

ttes during proceedings is not permitted and
should only be done during a recess.

XI. All camera and audio equipment must be
in position at least 15 minutes before the start of
the proceedings and can only be moved or re-
moved after the proceedings are over or during a
recess. Television camera persons and still pho-
tographers must remain in their designated area
and are not permitted to move about the court-
room. Television cameras and radio broadcast
equipment, once in position, may not 2
during the proceedings. Movement by television
and still photographers should be held to a mink
mum and in no way should be distracting or call
undue attention to the operators.

XIII. Camera and audio equipment authorized
by these guidelines shall not be operated during a
recess in a court proceeding. Extended coverage
in the judicial area of a courthouse or other court
facility is limited to proceedings in the courtroom
in the presence of the presiding judge.

XIV. The dignity and decorum of the court
must be maintained at all times during extended
media coverage activities. Court customs, includ-
ing appropriate dress, must be followed.

XV. The confidentiality of the attorney/ctient
relationship must be protected. ‘Therefore, there
will be no audio recording, radio, television, or
tape-recording, made or broadcast of any confer-
ence between attorneys and their clients, between
cocounsel of a client, between counsel and the
presiding judge when held at the bench, or of

DEFO0017


5391

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976
Including Amendments Received Through May 1, 2002

Research Note
Use WESTLAW to find cases citing a rule. WESTLAW may also be used

to search for s

cific terms or to update a rule; see the LA-RULES

spec
and LA-ORDERS Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter 2d and Louisiana Cases advance sheets.

Canon

CANON 1, A Judge Shall Uphold the Integrity and Inde-
pendence of the Judiciary.

CANON 2. A ue Shall Avoid Impropriety and the Ap-

ice of Impropriety in All Activities
CANONS. A vitae Shall Perform the Duties of Office
Impartially and Diligent.

CANON 4. QuanhJudeil Actives A Jadge May Engnge
in Quasi-Judicial Activities to Improve the
Law, the Legal System, and the Administra-
tion of Justice.

CANON §. Extra-Judicial Activities A Judge Shall Regu-
late Extra-Judicial Activities to Minimize the
Risk of Conflict With Judicial Duties.

CANON 6. A Judge Shall Accept Compensstion or Gifts for

Qush-Jadia) and Exera-Jodcal Actes
Only Under Restricted Circumstances.
CANONT. A le OF Juda Condiate Shall ‘Refrain
appropriate Political Activity.
compLiaNce WITH THE CODE OF JUDICIAL CON-

COMMITTEE ON JUDICIAL ETHIC,

Adoption of Code

The following new Canons, effective January 1, 1976,
‘were adopted by the Supreme Court of Louisiana
on March 5, 1975, to replace the Canons of Judi-

cial Ethies adopted October 18, 1960.

CANON 1
A Judge Shall Uphold the Integrity and Indepen-
dence of the Judiciary

An independent and honorable judiciary is india-
pensable to justice in our society. A judge should
Participate in establishing, maintaining, and enforcing,
and shall personally observe, high standards of con-
duct so that the integrity and independence of the

924

judiciary may be preserved. The provisions of this
ode are to be construed and applied to farther that
objective. As a necessary corollary, the judge must
be protected in the exercise of judicial independence.
Amended and effective June 3, 1998; amended July 3, 1996,
effective July 8, 1995,

Commentary to Canon 1

‘The word “shall” is intended to impose binding
‘obligations, the violation of which ean result in
disciplinary action.

When “should” is used, the text is intended to
instruet judges concerning appropriate judicial con-
duet. The use of should is an acknowledgement
that the conduct regulated in these Canons may
Jmpose in the judge more discretion, and/or may
involve the conduct of others. Nonetheless, a clear
Violation of any Canon in which should fs ‘used,
clear abuse of discretion by the judge in conforming
his or her conduct to any such Canons, or a clear
abuse of ciscretion by the judge in regulating the
conduct of those persons whose actions are subject
to the judge's direction and control, may also result
in judicial discipline,

CANON 2
A Judge Shall Avoid Impropriety and the Appea
ance of Impropriety in All 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 judicial conduct or
Judgment. A judge shall not lend the prestige of
Judicial office to advance the private interest of the

DEFO00141


53!

09

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976

Including Amendments Received Through
March 1, 1993

Research Note

Use WESTLAW ® to find cases citing or applying rules. WESTLAW may
also be used to search for terms in court rules or to update court rules. See
the LA-RULES and LA-ORDERS SCOPE screens for detailed descriptive

information and search tips.

Table of Canons

Pe sudge Should Uphold the Integrity and Indepen-
dence of the Judiciary,
2 A Judge Should Avol! impropriety and the Appear

snce of Impropriety in All
aA oe, wie, Soul Pe Perform the Duties of His Office

Diligenth
Tad to Canon 3. Culdlines for Extended Media
rerage of Proceedings in Appellate Courtrooms.
4 A Judge May Engage in Actives to Improve the
Yaw, the Legal System, and the Adminstration of
Tustice,

CANON 1
‘A Judge Should Uphold the Integrity
|: and Independence of the Judiciary
(An independent and honorable judiciary is indis-
‘pensable to justice in our society. A judge should

‘participate in establishing, maintaining, and enfore-
ig, and should himself observe, high standards of
ane so that the integrity and independence of

judiciary may be preserved. The provisions of

Code should be construed and applied to further

itt objective, As a necessary corollary, the judge

imut be protected in the exerese of his jude
nce,

709

Canon
5. A Judge Should Regulate His ExtrasJudicial Activities,
to Minimize the Risk of Confit With His Judicial

6. A Judge Should Accept Compensation for Quasi ude
cial and Extravudicial Activities Only Under Re-
stricted Circumstances.

1. A Judge Should Refrain From Political Activity Inap-
propriate to His Judicial 0:

Compliance With the Code of Judicial Conduct.

Committee on Judicial Ethies.

CANON 2
‘A Judge Should Avoid Impropriety and the
‘Appearance of Impropriety in
All His Activities

A. A judge should respe ect and comply with the
law and should conduet if

self at all times in a

B. A judge should not allow his family, social, or
other relationships to influence his judicial conduct,
or judgment. He should not lend the prestige of his

ffice to advance the private interest of others; nor
should he convey or permit others to convey the
impression that they are in a special position to
influence him. He should not testify voluntarily as
a character witness.

DEF00059


5256

CODE OF JUDICIAL CONDUCT

Conference of Court of Appeal Judges
meee one member t serve on he Commitee
erg The Dis Association shall select

Distriet Judges Association shall select
on D aesber to serve on the Committee for two
years;

{e) The Chairman of the Conference of Court of
Appeal Judges, the President of the District Judges
‘Absoriation, the President of the City Judges Asso-
Gatn, the Judicial Administrator, and the Presi-

51

dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office.

‘The Judicial Administrator shall be Secretary of
the Committee. ‘The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
Amended Oct, 31, 1975, effective Jan. 1, 1976.

DEF00006


5428

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976

Including Amendments Received Through May 1, 2006

Research Note
Use Westlaw to find coses citing a rule Westlaw may also be used to

search for specific terms or to

update a rule; see the LA-RULES

and LA-ORDERS Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter 2d and Louisiana Cases advance sheets.

Canot
A udge Shall Upold the Integrity and Independence

Judiciary.
2A age Shal ved Impropity andthe Appearance
of Impropriety in All Act
4 A Jodge Shall Perform the Duties of fice Impartily

‘Diigently.

4 Quasiudia) Actives A Judge May Engage in Qua-
si-vJudicial Activities to Improve the Law, the Legal
System, and the Administration of Justice.

5, Extra-Judicial Activities A Judge Shall Regulate Ex-
‘tra-Judleiah Activities to Minimize the Risk of Con-
{ict With Judicial Duties.

6 A Judge Shall Accept Compensation or Gifts for Quasi
Sodicial and Extra-Judicial Activities Only Under
Restricted Circumstances.

1. A fudge Or Judicial Candidate Shall Retain From

Inappropriate Political Activit
COMPLIANCE WITH THE CODE OF JUDICIAL CON.

COMMITTEE ON JUDICIAL ETHICS.

‘Adoption of Code

The following new Canons, effective January 1, 1976,
‘were adopted by the Supreme Court of Louisiana
on March 5, 1975, to replace the Canons of Judi-
ial Ethics adopted October 18, 1960.

CANON 1

A Judge Shall Uphold the Integrity and indepen-
dence of the Judiciary

An independent and honorable judiciary is indis-
Pensable to justice in our society. A judge should
Farticipate in establishing, maintaining, and enforcing,
and shall personally observe, high standards of con-
uct so that the integrity and independence of the
judiciary may be preserved. The provisions of this
are to be construed and applied to further that

objective. As a necessary corollary, the judge must
be protected in the exercise of judicial independence.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

The word “shall” is intended to impose binding
obligations, the violation of which can result in
disciplinary action,

When “should” is used, the text is intended to
instruct judges concerning appropriste judicial con-
duct, The use of should is an acknowledgement
that the conduct regulated in these Canons may
impose in the judge more discretion, and/or may
involve the conduct of others, Nonetheless, a clear
violation of any Canon in which should is used, a
clear abuse of discretion by the judge in conforming.
his or her conduct to any such Canons, or a clear
abuse of diseretion by the judge in regulating the
conduct of those persons whose actions are subject
to the judge's direction and control, may also result
in judicial discipline,

CANON 2
‘A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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.

As used in this Code, “impartiality” or “impartial”
denotes absence of bias or prejudice in favor of, or
against, particular parties or classes of parties, as well
as maintaining an open mind in considering issues that
may come before the judge.

DEFO0178


5452

Canon 5

CODE OF JUDICIAL CONDUCT

CANON 5
Extra-Judicial Activities
A Judge Shall Regulate Extra-Judicial Activities to

Minimize
the Risk of Conflict With Judicial Duties

A. Avocational Activities, A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the’arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

B. Civie and Charitable Activities. A judge may
participate in civic and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or civie organization not conducted for the eco-
nomic or political advantage ofits members, subject to
the following limitations:

(1) A judge shall not serve if the judge knows, or
should know, 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.

(2) A judge shall not solicit funds for any education-
al, religions, charitable, fraternal, or civic organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
However, it shall not be a violation of this Canon for a
Judge to privately solicit funds for the judge's local
church from a local church member. A judge should
not be a fund-raising speaker or the guest of honor at
an organization's fund- raising events, but may attend
such events, A judge may also participate in an
organization's fund-raising events, provided the
Judge's title or status is not used to support the fund-
raising effort.

€. Financial Activities.

(1) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
Judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with law-
yers or persons likely to come before the court on
which he or she serves,

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
real estate, and engage in other remunerative activity
but shall not serve as an officer, director, manager, or
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with a
public interest.

(8) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as a judge

can do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
rrecusation.

(4) Information sequired by a judge in hie or her
Judicial capacity shall not be used or disclosed by the
‘Judge in financial dealings or for any other purpose
not related to judicial duties.

D. Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. Extra-Judicial Appointments. A judge shall
not accept appointment to a governmental committee,
commission, or other 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, however, may
represent his or her county, state, or locality on
ceremonial occasions or in connection with historical,
educational, and cultural activities.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996; amended and effective Feb. 12, 2003.

CANON 6
A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
ExtrasJudicial Activities Only Under Restricted
Circumstances

A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject. to the following restrictio

‘A. Compensation. Compensation for quasi-j
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not
exceed what a person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
occasion, by his or her spouse. Any payment in
excess of such an amount is compensation,

C. Gifts, A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect. the
judgment of the judge or influeticé"the judge’s official
conduct.

D. Annual Reports.

@) A judge shall report annually all compensation
and expenses received in connection with any quasi-
Judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $500 and is,
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association.

1008

DEF00202


5475

Canon 6

CODE OF JUDICIAL CONDUCT.

occasion, by his or her spouse. Any payment in

excess of such an amount is compensation,

B. Gifts, Loans, Bequests, Benefits, Favors or
Other Things of Value

(1) A judge shall not accept, directly or indireetly,
any gifts, loans, bequests, benefits, favors or other
things of value which might reasonably appear as
designed to affect the judgment of the judge or
influence the judge's official conduct.

(2) Except as provided in Canon 6B(8) and B(4)
below, a judge shall not accept, directly or indirect-
ly, any gifts, loans, bequests, benefits, favors or
other things of value if the souree is a party or
other person, including a lawyer, who has come or is
likely to come before the judge, or whose interests
have come or are likely to come before the judge.

@) If not in violation of Canon 6B(1), a judge
may aceept the following without reporting’ such
acceptance:

(@) items with little intrinsie value, such as

certificates, trophies, and greeting cards;
, loans, bequests, benefits, favors or
other things of value from friends, relatives, or
other persons, including lawyers, whose appear-
ance or interest in a proceeding pending or im-
pending before the judge would in any event
require disqualification of the judge, or if the gift,
bequest, benefit, favor or other thing of value is
made in connection with special occasion such
as a wedding, anniversary or birthday and the
gift is commensurate with the occasion and the
relationship;

(©) ordinary social hospitality provided the total
value of the food, drink, or refreshment given to a
judge at any single event shall not exceed fifty
dollars regardless of the number of persons giv-
ing food, drink or refreshment to the judge at a
single event. The value of the food, drink or
refreshment provided to the judge shall be deter-
ined by dividing the total cast of the food, drink
and refreshment provided at the event by the
total number of persons invited, whether formally
or informally, and which is communicated in any
manner or form, to the event. For purposes of
this Canon 6B(3)(), “event” means a single activi-
ty, occasion, reception, meal or meeting at a given
place and time. Beginning on July 1, 2009, and
on July first of each year thereafter, when there
has been an inerease in the unadjusted Consumer
Price Index (CPI-U) (Food and Beverage) a3
published by the United States Department of
Labor, Bureau of Labor Statisties in January
each year, the limit of fifty dollars for food, drink
or refreshments shall be increased by the same
percentage as the percentage by which that price
index is increased. ‘The amount of the increase
shall be rounded off to the nearest dollar. ‘The

1008

food, drink, or refreshment limit shall be promul-
gated to judges annually by the Supreme Court,

(@) commercial or financial opportunities and
benefits, including special pricing and discounts,
and loans from lending institutions in their regu:
lar course of business, if the same opportunities
and benefits or loans are made available on the
same terms to similarly situated persons who are
not judges;

(©) rewards and prizes given to competitors or
participants in random drawings, contests, or oth-
er events that are open to persons who are not.
Judges;

(® scholarships, fellowships, and similar bene-
fits or awards, if they are available to similarly
situated persons who are not judges, based upon
the same terms and criteria;

() books, magazines, journals, audiovisual ma-
terials, and other resouree materials supplied by
publishers on a complimentary basis for official
‘use;

(h) gifts, awards or benefits associated with the
business, profession, or other separate activity of
spouse or immediate family member residing in
the judge's household, but that incidentally bene-
‘fit the judge; or

( complimentary admission to a political event
if in compliance with this Code of Judicial Con-
duet, Canon 7,

(4) If not in violation of Canon 6B(1), a judge
may accept the following, and must report such
acceptance, subject to Canon 6C(2\(a):

(a) gifts incidental to a public testimonial;

(b) invitations to the judge and the judge's
‘spouse or guest to attend without charge:

@ an event associated with a bar-related
function or other activity relating to the law,
the legal system, or the administration of jus-
tee; or

Gi) an event associated with any of the
Judge's educational, religious, charitable, frater-
nal or civic activities permitted by this Code of
Judicial Conduct, if the same invitation is of-
fered to non-judges who are engaged in similar
ways in the activity as is the judge;

(c) complimentary admission to a civic, non-
profit or educational event when the judge is a
rogram honoree, is giving a speech at the event,
or is a panel member for a discussion occurring at
the event.

(5) The provisions of Canon 6B(3X¢) shall not
apply to a gathering held in conjunction with an
event or meeting related to a local, regional, or
national organization concerning the law, the legal
system or the administration of justice, or a meeting
of an organization of governmental officials or em-
ployees.

DEF00225


5417

CODE OF JUDICIAL CONDUCT.

(c) The President of the District Judges Associa-
tion and two other District Judges;

(d) The President of the City Judges Association;

(©) One juvenile or family court judge;

() The Judicial Administrator; and

(g) The President of the Louisiana State Bar Asso-
ciation.

The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of bwo years;

(©) The Supreme Court shall select one district
court judge and one juvenile or family court judge
ho shall serve for terms of two years;

(@) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(©) The District Judges Association shall select one
member to serve on the Committee for two years;

(f) The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
bbe members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator ehall be Secretary of the
Committee, The Committee shall make its own rules
and select members to serve in such other offices as it
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the ease requires.

Amended Oct. 31, 1975, effective Jan. 1, 1976; Amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended May 28, 1998, effective July 1, 1998.

DEFO0167


5326

Canon 3

CODE OF JUDICIAL CONDUCT

CANON 3
A Judge Shall Perform the Duties of
Office Impartially and Diligently
‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge should be faithful to the law and main-
tain professional competence in it. A judge should be
tunswayed by partisan interests, publie clamor, or fear
of criticism.

@) A judge should maintain order and decorum in
judicial proceedings.

(@) A judge should be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
rection and control.

@) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
mance 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 ori-
fin, disability, age, sexual orientation or socioeconomic
status, and shall not permit staff, court officials or
others subject to the judge's direction and control to
do 80.

(5) 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,
ion, national origin, disability, age, sexual orienta-
tion or socioeconomic status, against parties, wit-
nesses, counsel or others. This Section 3A(5) 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.

(6) Except as permitted by law, a judge should not
permit private or ex parte interviews, arguments or
‘communications designed to influence his or ber judi-
cial action in any case, either civil or criminal. A
judge should not accept in any case briefs, documents
‘or written communications intended or calculated to
influence his or her action unless the contents are
promptly made known to all parties. Judges of appel-
late courts should also avoid all actions or language
which might indicate to counsel, litigants or any mem-
ber of the public, the particular member of the court
‘to whom a case ‘is allotted or assigned for any pur-
pose. Similar cireumspection should be exacted on
the part of court officers, clerks and secretaries.

(@ A judge should dispose promptly of the business
of the court.

700

(8) A judge should abstain fon public comments.
about a pending or impending proceeding in any
court, nd should require sinlar abstention “on the
part of court personnel subject to his or her direction
‘and control. This subsection does not prohibit tudes
from making public statements in the course of
official duties or from explaining for public informe,
tion the procedures of the court.

(@) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas in
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authorize:

(@) the use of electronic or photographie means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

() the broadcasting, tleising, recording or pho
‘tographing of investitive or ceremonial proceedings;

(c) the photographie or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

(@ the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

i) the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

Gi) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
Judicial proceedings in the courtrooms of appellate
‘courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge should diligently discharge administra-
tive responsibilities, maintain professional competence
in judicial administration, and facilitate the perfor-
mance of the administrative responsibilities of other
Judges and court officials.

(2) A judge should require staff and court officials
subject to his or her direction and control to observe
the standards of fidelity and diligence that apply to
the judge.

DEFO00076


5281

CODE OF JUDICIAL CONDUCT

fe not specifically addressed in this section
pronediveided by this overriding principle.

TIL A. The consent or approval of parties to
exended coverage is not required. Parties may
exveie wo extended coverage by filing a written
opiction stating the reasons therefor with the clerk
oblesurt at least 10 days prior to the date of the

f ceedings. Upon objection by a party, or on the
brorts own motion, the presiding judge may prohib-
$oor limit extended coverage of @ proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by Jaw must or may be held
in private.

G. The decision of the presiding judge on any
question of coverage shall be final and shall not be
UUbject to review by any other court,

IV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of proceeding is given by the
media to the clerk of court at least 20 days in
advance of the proceeding, provided that only rea-
sonable notice shall be required for coverage of
expedited proceedings not regularly calendared.

V. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives, Film, videotape, photographs, and audio
reproduction shall not be used for commercial or
political advertising purposes. Such use of these
fnaterials will be regarded as an unlawful interfer-
ence with the judicial process.

VI. Extended coverage of investitive or ceremo-
nial proceedings at, variance with these guidelines
may be authorized by the court.

VIL. When extended coverage is permitted, all
media representatives shall have equally the right
to provide coverage. When extended coverage is to
be provided by more than one media representative,
the media collectively should designate one repre:
sentative to coordinate with the court all matters
dealing with extended coverage. Any pooling ar-
rangements among the media required by the limi-
tations and restrictions on equipment and personnel

ed in these guidelines shall be the sole re-
sponsibility of the media and must be made in
advance of the court proceedings to be covered.
Judges and court personnel will not mediete any
dispute as to the appropriate media representative
or equipment authorized to cover a particular pro-
ceeding. If pooling arrangements cannot be made
or if there are unresolved media disputes, the pro-
siding judge may deny extended coverage of pro-
ceedings.

VIII. A. No more than two portable television
cameras, each operated by no more than one camera
Person and positioned as unobtrusively as possible
at locations approved by the court, shall be permit-
ted to be physically in the courtroom. Only tele-

53

Canon 3 App.

vision equipment which does not produce light or
distracting sound will be permitted. Videotape re-
cording equipment which is not a component part of
a television camera shall, whenever possible, be
located in an area outside the courtroom.

B. No artificial lighting device of any kind shall
be employed in connection with the television cam-
era. With the approval of the court, modifications
and additions to existing courtroom lighting may be
made provided such modifications or additions are
installed and maintained without public expense.
Multiple video/audio feeds may be permitted but
must be provided by a video/audio distribution sys-
tem, furnished by the media, located outside the
courtroom.

IX. A. No more than one still photographer,
using not more than two still cameras with not more
than two lenses for each camera without flash or
other artificial light, shall be permitted to be physi-
cally in the courtroom. Still cameras must not
produce distracting sound and should produce no
greater sound than the Leiea M Series Rangefinder
camera. Motorized film advance systems will not
be permitted.

B. The photographer shall position himself in a
place designated by the presiding judge and remain
in that area except when the proceeding is in recess.
Changing of lenses or film will only be done during
a recess,

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom, Audio
pickup should be made from existing audio systems
in the courtroom whenever possible. If no techni-
cally suitable audio eystem exists in the courtroom,
microphones and related wiring shall be permitted
but must be unobtrusive and located in places desig-
nated in advance by the presiding judge. Multiple
radio feeds rather than a pooling system may
permitted but must be provided by an audio distri
bution system, provided by the media, located out-
side the courtroom.

XL When extended media coverage is autho-
rized, individual journalists may bring tape record-
ers into the courtroom and use them to record
proceedings so long as they do not cause any dis-
traction. Journalists using tape recorders may sit
at any place in the audience portion of the court-
room, but must keep their tape recorder on their
person at all times. Changing of tape cassettes
during proceedings is not permitted and should only
be done during a recess.

XII, All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed
after the proceedings are over or during a recess.
Television camera persons and still photographers

DEF00031


5324

LOUISIANA
RULES OF COURT

STATE

1995

INCLUDING AMENDMENTS RECEIVED
THROUGH Marcu 1, 1995

‘West PUBLISHING COMPANY
SAINT PAUL, MINNESOTA

DEF00074
PORT Exhibit 1001 (k)


5400

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975,
Effective January 1, 1976
Including Amendments Received Through May 1, 2003

Research Note

Use Westlaw to find cases citing o rule. Westlaw may also be used to
search for specific terms or to update a rule; see the LA-RULES
and LA-ORDERS Scope Screens for further i

Amendments to these rules are published, as received, in Southern
Reporter 2d and Louisiana Cases advance sheets

Canon
|. -A Judge Shall Uphold the Integrity and Independence

of the Judiciary.

2. A Judge Shall Avoid Impropriety and the Appearance

of Impropriety in All Activities.

. A Judge Shall Perform the Duties of Office Impartilly

‘and Diligently.

Quasi-Judicial Activities A Judge May Engage in Qua-
sivdielal Activities to Improve the Law, the Legal
‘System, and the Administration of Justice.

Extra-vudicial Activities A Judge Shall Regulate Ex-
‘tra-Judicial Activities to Minimize the Risk of Con-
‘ict With Judicial Duties.

‘A Judge Shall Accept Compensation or Gifts for Quast-
‘Judicial and Extre-Judicial Activities Only Under
Restricted Circumstances,

A Judge Or Judicial Candidate Shall Refrain From

Inappropriate Political Activity
COMPLIANCE WITH THE "Gope oF JUDICIAL

CONDUC
COMMITTEE ON JUDICIAL ETHICS

Adoption of Code

The flowing new Canons, effective January 1, 1976,

by the Supreme Court of Louisiana

om March & 197, to replace the Canona of Judi-
cial Ethics adopted October 18, 1960.

CANON 1
A Judge Shall Uphold the Integrity and Indepen-
dence of the Judiciary

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and shall personally observe, high sl is of con-
duct so that the integrity and independence of the

938

judiciary may be preserved. The provisions of this
Code are to be construed and applied to further that
objective. As a necessary corollary, the judge must,
be protected in the exercise of judicial independence
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

Commentary to Canon 1

‘The word “shall” is intended to impose binding
obligations, the violation of which can result in
disciplinary action.

‘When “should” is used, the text is intended to
{struct judges concerning appropriate judicial con-
duct. ‘The use of should is an acknowledgement
that the conduet regulated in these Canons may
‘impose in the judge more diseretion, and/or may
involve the conduct of others, Nonetheless, a clear
violation of any Canon in which sbould is used, a
clear abuse of discretion by the judge in conforming
his or her conduet to any sueh Canone, or a clear
abuse of discretion by the judge in regulating the
conduct of those persons whose actions are subject
to the judge's direetion and control, may also result
in judicial discipline.

CANON 2
A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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, politica,
or other relationships to influence judicial conduct or
judgment, A judge shall not lend the prestige of

DEF00150


5317

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976

Including Amendments Received Through
March 1, 1994

Research Note

Use WESTLAW ® to find cases citing a rule. WESTLAW may also be used to
search for specific terms or to update a rule; see the LA~RULES and LA-ORDERS
information.

Scope Screens for further i

Table of Canons

Canon
1 Ady

ie

2. A Suige Shou Avoid impropity and the Appearance
af impropeity tn Al Actviie Pee

8 A Todge Seal Berforn the Duta of Office Impartlly

Should Uphold the Integrity and Independence

in Appellate Courtrooms.
4a dios ‘May Engage in Activities to Improve the Law,
gal System, and the Administration of Justice.

CANON 1
A Judge Should Uphold the Integrity
and Independence of the Judiciary
‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and should personally observe, high standards of con-
duet so that the integrity and independence of the
judiciary may be preserved. The provisions of this
‘Code should be construed and applied to further that
objective. As a necessary corollary, the judge must
bbe protected in the exercise of judicial independence.
Amended and effective June 3, 1993.

CANON 2
A Judge Should Avoid impropriety and the
Appearance of Impropriety in
All Activities
A. A judge should respect and comply with the law
and should aet at all times in a manner thet promotes

oz inde, Should Regulate Extra Juda! Activin to
Minimize the Risk of Conflict With Judicial Duties.

6. A Judge Should Accept Compensation for Quasi Judicial
and Extra-Judicial Activities Only Under Restricted

(Circumstances,

7. A Judge Should Refrain From Political Activity Inappro-
priate to Judicial Office.

Compliance With the Code of Judicial Conduct.

Committee on Judicial Ethics.

public confidence in the integrity and impartiality of
the judiciary.

B. A judge should not allow family, social, or other
relationships to influence judicial conduct or judg-
ment. A judge should not lend the prestige of judicial
office to advance the private interest of others; nor
should a judge convey or permit others to convey the
impression that they are in a special position to influ-
ence the judge. A judge should not testify voluntarily
as a character witness,

Amended and effective June 8, 1993.

CANON 3
‘A Judge Shall Perform the Duties of
Office Impartially and Diligently
‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the foliowing standards apply:

DEF00067


5274

CODE OF JUDICIAL CONDUCT

court's own motion, the presiding judge may prohib-
{tor limit extended coverage of a proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by law must or may be held
in private.

©. ‘The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court,

IV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of a proceeding is given by the
media to the clerk of court at least 20 days in
advance of the proceeding, provided that only rea-
sonable notice shall be required for coverage of
expedited proceedings not regularly calendared.

Y. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives. Film, videotape, photographs, and audio
reproduction shall not be used for commercial or
political advertising purposes. Such use of these
materials will be regarded as an unlawful interfer-
ence with the judicial process.

Yi. Extended coverage of investitive or ceremo-
nial proceedings at variance with these guidelines
‘may be authorized by the court,

VII. When extended coverage is permitted, all
media representatives shall have equally the right
to provide coverage. When extended coverage is to
be provided by more than one media representative,
the media collectively should designate one repre-
sentative to coordinate with the court all matters
dealing with extended coverage. Any pooling ar-
rangements among the media required by the limi-
tations and restrictions on equipment and personnel
contained in these guidelines shall be the sole re-
sponsibility of the media and must be made in
advance of the court proceedings to be covered.
Judges and court personnel will not mediate any
dispute as to the appropriate media representative
or equipment authorized to cover a particular pro-
ceeding. If pooling arrangements cannot be made
or if there are unresolved media disputes, the pre-
siding judge may deny extended coverage of pro-
ceedings.

VII. A. No more than two portable television
cameras, each operated by no more than one camera
person and positioned as unobtrusively as possible
at locations approved by the court, shall be permit-
ted to be physically in the courtroom. Only tele-

ion equipment which does not produce light or
stracting sound will be permitted. Videotape re-
cording equipment which is not a component part of
a television camera shall, whenever possible, be
located in an area outside the courtroom.

B. No artificial lighting device of any kind shall
be employed in connection with the television cam-
era. With the approval of the court, modifications

58

Canon 3 App.

and additions to existing courtroom lighting may be
made provided such modifications or additions are
installed and maintained without public expense,
Multiple video/audio feeds may be permitted but
must be provided by a video/audio distribution sys-
tem, furnished by the media, located outside the
courtroom,

IX. A. No more than one still photographer,
using not more than two still eameras with not more
than two lenses for each camera without flash or
other artificial light, shall be permitted to be physi-
cally in the courtroom. Still cameras must not
produce distracting sound and should produce no
greater sound than the Leica M Series Rangefinder
camera. Motorized film advance systems will not
be permitted.

B. The photographer shall position himself in a
place designated by the presiding judge and remain
in that area except when the proceeding is in revess.
Changing of lenses or film will only be done during
a recess,

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom. Audio
pickup should be made from existing audio systems
in the courtroom whenever possible. If no techni-
cally suitable audio system exists in the courtroom,
microphones and related wiring shall be permitted
but must be unobtrusive and located in places desig-
nated in advance by the presiding judge. Multiple
radio feeds rather than a pooling system may be
permitted but must be provided by an audio distri
bution system, provided by the media, located out-
side the courtroom.

XI. When extended media coverage is autho-
rized, individual journalists may bring tape record-
ers into the courtroom and use them to record
proceedings so long as they do not cause any dis-
traction. Journalists using tape recorders may sit
at any place in the audience portion of the court-
room, but must keep their tape recorder on their
person at all times. Changing of tape cassettes
during proceedings is not permitted and should only
be done during a recess.

XII. All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed
after the proceedings are over or during a recess.
‘Television camera persons and stil photographers
‘must remain in their designated area and are not
permitted to move about the courtroom. Television
cameras and radio broadcast equipment, once in
position, may not be moved during the proceedings.
Movement. by television and still photographers
should be held to a minimum and in no way should
be distracting or call undue attention to the opera-
tors.

XII. Camera and audio equipment authorized
by these guidelines shall not be operated during a

DEF00024



5291

CODE OF JUDICIAL CONDUCT

‘and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All
judges should comply with this Code except as
provided below.

A. Part-time Judge, A parttime judge is a
judge who serves on a continuing or periodie 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 fulltime judge.

‘A part-time judge:

(2) is not required to comply with Canon 5CQ),
5D, and 5E;

(2) should not practice law in the court. on which
he serves or in any court subject to the appellate
jurisdiction of the court on which he serves, or act,
as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to,

Judge Pro Tempore. A judge pro tempore
is a person who is appointed to act temporarily as a
judge.

(1) While acting as such, a judge pro tempore is
not required to comply with Canon 6C(2), 500), 5D,
and 5E.

(2) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto.

C. Retired Judge. A retired judge is not gov-
cerned by the provisions of this Code, except when
is sitting by assignment and then he shall be
subject to the rules applicable to a judge pro tem-
pore.

Amended Oct. 29, 1982.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judiciary
related to the interpretation of these canons, the

hereby
shall

created. The funetion of
limited to the issuance of advisory opinions

‘on its own motion or in response to inquiries from
any judge insofar as these canons may affect him,

‘The Committee shall consist of nine members, as
follows:

(a) The Chief Justice and one other member of
the Supreme Court;

(b) The Chairman of the Conference of Court of
‘Appeal Judges and one other Court of Appeal
Tudge;

(©) The President of the District Judges Associa
tion and one other Distriet Judge;

(@) The President of the City Judges Association;

(e) The Judicial Administrator; and

(f) The President of the Louisiana State Bar As-
sociation,

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during
his term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Conference of Court of Appeal Judges
shall select one member to serve on the Committee
for two years;

(a) The District Judges Association shall select
one member to serve on the Committee for two
years;

(e) The Chairman of the Conference of Court of
‘Appeal Judges, the President of the District Judges
‘Association, the President of the City Judges Asso-
ciation, the Judicial Administrator, and the Presi-
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office.

‘The Judicial Administrator shall be Secretary of
the Committee. ‘The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
Amended Oct. 31, 1975, effective Jan. 1, 1976.

638

DEF00041


5411

CODE OF JUDICIAL CONDUCT

Canon 3

not testify voluntarily as a character witness. Al-
though a judge should be sensitive to possible abuse of,
the prestige of office, a judge may, based on the
judge's personal knowledge, serve as a reference or
provide a letter of recommendation. Letters of ree-
‘ommendation may be written only on private station-

which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court. or disciplinary proceeding,
‘but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

C. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. ‘The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinetly private associa-
tion of whose membership limitations would
be entitled to constitutional protection.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996

CANON 3
A Judge Shalt Perform the Duties of Office Impar-
tially and Ditigently

‘The judicial duties of a judge take precedence aver
all other activities. Judicial duties include al} the
duties of office prescribed by law. In the perform-
ance of these duties, the following standards apply:

A. Adjudicative Responsibilities,

(LD) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
‘wayed by partisan interests, public clamor, or fear of
criticism.

(2) A judge shall maintain order and decorum in
judicial proceedings.

(8) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
rection and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perform-
ance of judicial duties, by words or conduct manifest
bias or prejudice, and shall not permit staff, court
officials or others subject to the judge's direction and
control to do so.

(5) A jadge shall require lawyers in proceedings
‘bofore the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

959

(6) Except as permitted by law, a judge shall not
permit private or ex parte int ) arguroents oF
‘communications designed to influence his or her judi-
cial action in any case, either civil or criminal. A
judge may obtain the advice of a disinterested expert
on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
Where circumstances require, ex parte communic
tions are authorized for scheduling, administrative
purposes or emergencies that do not deal with sub-
stantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
‘taunications intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
‘to counsel, litigants or any member of the public, the
particular ‘member of the court to whom a case is
allotted o assigned for any purpose. Similar cireum-
spection should be exacted on the part of court offi-
cers, clerks and secretaries.

(1) A. judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) 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 out-
come or impair its fairness, and shall require simnilar
abstention on the part of court personnel subject to
his or her direction and control. This subsection 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.

(9) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
‘recesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(c) the photographie or electronic recording and
veproduction of appropriate court proceedings un-
der the following conditions:

(the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

(ii) the parties have consented, and the consent
to being depicted or recorded has been obtained

DEF00161


5

CODE OF JUDICIAL CONDUCT

311

Ganon 3 App.

judse was elected. “Immediate family” means

e's children, parents, brothers and sisters; the
thilren and parents of & judge's spouse; and the
spouses of a judge’s children.

‘The provisions of this Subsection shall not prohib-
it the continued employment of any employee of «
court employed by such court on or before Decem-
ber 81, 1990, or any employee of a court who
beeomen « member of « judge's immediate farily

yuent to employment; nor shall such provi-

Sons Be construed to hinder, alter, or in any way

affect promotional advancements for any such em-

ployee. The provisions of this Subsection pertain-

ing to nepotism shal ot apply to mayors or justices
the peace.

©, Recusstion. The recusation of judges is gov-
exned by Ie
Amended April 28, 1985; Dec. 8, 1990.

Appenpix To Canon 3
Gurenives ror Exrenpen MEDI
CovERAGE oF PROCEEDINGS IN
APPELLATE CouRTROOMS

I. As used in these guidelines,

A. “Brtended coverage” means any recording
or broadcasting by the news media of court proceed-
ings using television, radio, photographic or record-
ing equipment.

B, “Presiding Judge” means the Chit Justice
of the Supreme Louisiana, the Chief Judge
of a Court of Appeal, or the senior judge of a panel
of which the Chief Justice or Chief Judge is not a
member.

©. “Proceeding” means any hearing, motion, ar-
gument on appeal or other matter held in open court
which the public is entitled to attend.

D. “Party” means a named litigant of record
who has appeared in the case, and includes a party's
counsel of record,

E. “Media” means legitimate news gathering
and reporting agencies and their representatives.

F. “Court” means an appellate court and in-
cludes the Supreme Court of Louisiana and the
Courts of Appeal of the several circuits.

Il, All extended media coverage of court pro-
ceedings shall be governed by the principle that the
decorum and dignity of the court, the courtroom
and the judicial process will be maintained at all
times. Resolution of any question of coverage or
procedure not specifically addressed in this section
will be guided by this overriding principle,

TIL. A. The consent or approval of parties to
extended coverage is not required. Parties may

LaRsat cout Sie

object. to extended coverage by filing a written
objection stating the reasons therefor with the clerk
of court at leas’ 10 days prior to the date of the
proceedings. Upon objection by a party, or on the
court's own motion, the presiding judge may prohib-
it or limit extended coverage of proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by law must or may be held
in private.

C. The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court.

IV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of a proceeding is given by the
media to the clerk of court at least 20 days in
advance of the proceeding, provided that only rea-
sonable notice shall be required for coverage of
expedited proceedings not regularly calendared,

V. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives, Film, videotape, photographs, and audio
reproduction shail not be used for commercial or
political advertising purposes. Such use of these
materials will be regarded as an unlawful interfer-
ence with the judicial process.

VI. Extended coverage of investitive or ceremo-
nial proceedings at variance with these guidelines
may be authorized by the court.

VII. When extended coverage is permitted, all
sedi representatives hall have equally the right
to provide coverage. When extended coverage is to
he provided by more then one media representative
the media collectively should designate one repre-
sentative to coordinate with the court all matters
dealing with extended coverage. Any pooling ar
rangements among the media required by the lim
tations and restrictions on equipment and personnel
contained in these guidelines shall be the sole re-
sponsibility of the media and must be made in
advance of the court proceedings to be covered.
Judges and court personnel will not mediate any
dispute as to the appropriate media representative
or equipment authorized to cover a particular pro-
ceedi pooling arrangements cannot be made
ort ore afe unsolved media disputes, the pre-

siding judge may deny extended coverage of pro-
ceedings.

VIII. A. No more than two portable television
cameras, each operated by no more than one camera
person and positioned as unobtrusively as possible
at locations approved by the court, shall be permit-
ted to be physically in the courtroom. Only televi
sion equipment which does not produce light or
distracting sound will be permitted, Videotape re-
cording equipment which is not a component part of

m1

DEFO0061


5277

Compliance

profession or occupation and whose compensation
for that reason is less than that of a fulltime judge.

A part-time judge:

(Q) is not required to comply with Canon 6C(2),
5D, and 5;

(2) should not practice law in the court on which
he serves or in any court subject to the appellate
{usidietion of the court on which he serves, or act

‘as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to.

B. Judge Pro Tempore. A judge pro tempore
is a person who is appointed to act temporarily as a
sjudge.

(1) While acting as such, a judge pro tempore
not required t comply with Canon SCt2), 600), 5D,
and 5E.

(2) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto.

C. Retired Judge. A retired judge is not gov-
erned by the provisions of this Code, exept when
he is sitting by assignment and then he shall be
subject to the rules applicable to a judge pro tem-
pore.

Amended Oct. 29, 1982.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judiciary
related to the interpretation of these canons, the
Supreme Court Committee on Judicial Ethies is
hereby created. The function of this Committee
shall be limited to the issuance of advisory opinions
on its own motion or in response to inquiries from
any judge insofar as these canons may affect him,

‘The Committee shall consist of nine members, as
follows:

56

CODE OF JUDICIAL CONDUCT

(a) The Chief Justice and one other member of
‘the Supreme Court;

(b) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal
Sudge;

(c) The President of the District Judges Associa.
tion and one other District Judge;

(a) The President of the City Judges Association;

(@) The Judicial Administrator, and

(O The President of the Louisiana State Bar As-
sociation.

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during
his term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(e) The Conference of Court of Appeal Judges
shall select one member to serve on the Coramittee
for two years;

(a) The District Judges Association shall select
one member to serve on the Committee for two
years;

(e) The Chairman of the Conference of Court of
Appeal Judges, the President of the District Judges
‘Association, the President of the City Judges Asso-
ation, the Judicial Administrator, and the Presi-
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall

their respective terms of office.

ial Admi rator shall be Secretary of
the Committee. The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
Amended Oct. 31, 1975, effective Jan. 1, 1976.

DEF00027


5398

STATE BAR ASSOCIATION

(©) The President of the District Judges Associa-
tion and two other District Judges;

(d) The President of the City Judges Association;

(e) One juvenile or family court judge;

(®) The Judicial Administrator; and

(g) The President of the Louisiana State Bar Asso-
ciation.

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Supreme Court shall select one district
court judge and one juvenile or family court judge
who shall serve for terms of two years;

(4) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(@) The District Judges Ascociation shall select one
member to serve on the Committee for two years;

(®) The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the ‘Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. The Committee shall make its own rules
and select: members to serve in such other offices as it
creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the ease requires,

Amended Oct. 31, 1975, effective Jan. 1, 1976.

Amended and effective June 8, 1993; amended July 3, 1996,

efesive July 8 1996; amended May 28, 1998, effective July
908,

ARTICLES OF INCORPORATION
OF THE
LOUISIANA STATE BAR ASSOCIATION

Including Amendments Received Through May 1, 2002

Research Note
Use WESTLAW to find cases citing a rule. WESTLAW may also be used

to search for specific terms or to 1

a rule; see the LA-RULES

for 3
‘and LA-ORDERS Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter #d and Louisiana Cases advance sheets.

ARTICLE I. NAME
Section
1, Name.

ARTICLE II. DOMICILE, PRINCIPAL OFFICE
‘AND SERVICE OF PROCESS
1. Domicile and Principal Office.
2 Service of .
ARTICLE IIL. OBJECTS, PURPOSES,
DURATION AND POWERS
1. Objects and Purposes.
2 Duration, Powers, Ete.
ARTICLE IV. MEMBERSHIP
1. Active Members.

931

Section
2. Faculty Members.
8. Inactive Members.
4. Authority to Practice Law Restricted,

ARTICLE V. REGISTRATION AND DUES
Registration.
Dues.
‘Payment of Dues.
‘Suspension for Non-payment of Dues.

Reinstatement of Inactive Members.
Fiscal Year

eee

ARTICLE VI.

1. Officers
2. Rotation of Officers.

OFFICERS

DEF00148


Westlaw.
LA ST CJC Canon 4

5344

Page 1

Code of Jud.Conduct, Canon 4, 8 LSA-RS.

CANON 4
Judicial Activities

Qua:

A Judge May Engage in Quasi-Judicial Activities to Improve the Law, the
Legal System, and the Administration of Justice

A judge, subject to the
i judicial

proper performance of judicial duties, may engage in the
activities, if in doing so the judge does not impair,
her capacity to decide impartially any issue that the
come before the judge

A. A judge may speak, write, lecture, teach, and participate in other activities
concerning the law, the legal system, and the administration of justice.

B. A judge may appear at a public hearing before an executive or legislative body
or official on matters concerning the law, the legal system, and the administration
of justice, and may otherwise consult with an executive or legislative body or of-
ficial, but only on matters concerning the administration of justice.

C. A judge may serve as
ernmental agency devoted

a member, officer, or director of an organization or gov~
to the improvement of the law, the legal system, or the

administration of justice. A judge shall not personally solicit funds for such an
organization or agency, or allow his or her name to be used in the solicitation of

funds. A judge may make
agencies on projects and
ministration of justice.

recommendations to the public and private fund-granting

programs concerning the law, the legal system, and the ad-

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEFo0094


5426

CODE OF JUDICIAL CONDUCT.

Committee on Judicial Ethics is hereby created. The
function of this Cormmittee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inguiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of eleven members, 3s
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(©) The President of the District Judges Associa-
tion and two other District Judges;

(@ The President of the City Judges Association;

(©) One juvenile or family court judge;

(O The Judicial Administrator; and
{g) The President of the Louisiana State Bar Asso-
tion,

iat

The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

985

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(© The Supreme Court shall select one district,
court judge and one juvenile or family court judge
‘who shall serve for terms of two years;

(@) The Conference of Court of Appesl Judges shall
select one member to serve on the Committee for two
years;

(e) The District Judges Association shall select, one
member to serve on the Committee for two years,

(© The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
“Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
bbe members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. The Committee shall make its own rules
and select members to serve in such other offices as it
creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct, 31, 1975, effective Jan. 1, 1976; Amended and
effective June 8, 1993; amended July 8, 1996, effective July
8, 1996; amended May 28, 1998, effective July 1, 1998.

DEF00176


5298

Canon 7

CODE OF JUDICIAL CONDUCT

family to adhere to the same standards of political
conduct that apply to him;

(b) should prohibit public officials or employees
subject to his direction or control from doing for
him what he is prohibited from doing under this
Ganon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(€) should not make pledges or promises of con-
duct in office other than the faithful and impartial
performance of the duties of the office; announce
his views on disputed legal or political issues; or
misrepresent his identity, qualifications, present po-
sition, or other fact.

Amended June 28, 1983.

COMPLIANCE WITH THE CODE OF
JUDICIAL CONDUCT

Anyone, whether or not a lawyer, who is an
officer of a court of record performing judicial
functions, including an officer such as a judge ad
hoe, referee, special master, court commissioner, or
magistrate, ‘and anyone who is a justice of the
peace, is a judge for the purpose of this Code. All
judges should comply with this Code except as
provided below.

A. Part-Time Judge. A part-time judge is a
judge who serves on a continuing or periodic basis,
nut 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 fulltime judge.

A part-time judge:

(1) is not required to comply with Canon 5C(2),
5D, and 51

(2) should not practice law in the court on which
he serves or in any court subject to the appellate
jurisdiction of the court on which he serves, or act
as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to.

B. Judge Pro Tempore. A judge pro tempore
is a person who is appointed to act temporarily as a
judge.

(1) While acting as such, a judge pro tempore is
not required to comply with Canon 5C(2), 5C(3), 5D,
and 5E.

(2) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto.

C. Retired Judge. A retired judge is not gov-
ered by the provisions of this Code, except when
he is sitting by assignment and then he shall be
subject to the rules applicable to a judge pro tem-
pore.

Amended Oct. 29, 1982.

658

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be
interpreted, and in order to provide a treet,
receive inquiries from members of the judiciary
related to the interpretation of these canons, the
Supreme Court Committee on Judicial Ethics is
hereby created. The function of this Committee
shall be limited to the issuance of advisory opinions
on its own motion or in response to inquiries from
any judge insofar as these canons may affect him,

‘The Committee shall consist of nine members, as
follows:

(a) The Chief Jus
‘the Supreme Court;

(b) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal
Tudge;

e and one other member of

(©) The President of the District Judges Associa-
tion and one other District Judg
(4) The President of the City Judges Association;

(e) The Judicial Administrator; and

(0 The President of the Louisiana State Bar As-
sociation,

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during
his term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Conference of Court of Appeal Judges
shall select one member to serve on the Committee
for two years;

(d) The District Judges Association shall select
‘one member to serve on the Committee for two
years;

(e) The Chairman of the Conference of Court of
Appeal Judges, the President of the District Judges
‘Association, the President of the City Judges Asso-
ciation, the’ Judicial Administrator, and the Presi-
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office.

‘The Judicial Administrator shall be Secretary of
the Committee. The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
Amended Oct. $1, 1975, effective Jan. 3, 1976.

DEF00048


5339

CODE OF JUDICIAL CONDUCT.

(e) The Judicial Administrator; and

(©) The President of the Louisiana State Bar Asso-
ation,

‘The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Conference of Court of Appeal Judges shail
select one member to serve on the Committee for two
years;

m1

(@ The District Judges Association shall select one
member to serve on the Committee for two years;

(e) The Chairperson of the Conference of Court of
‘Appeal Judges, the President of the District Judges
“Association, the President of the City Judges Associa
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. The Committee shall make its own rules
and select merabers to serve in such other offices as it
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct. 31, 1975, effective Jan. 1, 1976; amended and
effective June 3, 1998.

DEF00089


5430

CODE OF JUDICIAL CONDUCT.

Canon 3

(©) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

@ the means of recording will not distract
participants or impair the dignity of the proceed-

Gi) the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
‘reproduction;

i) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions,

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
Judicial proceedings in the courtrooms of appellate
courts in aecordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
tration of justice in the pending cause.

(10) A judge shall not, with respect to cases, eontro-
versies of issues that are likely to come before the
court, make pledges, promises or commitments that
are ineonsistent with the impartial performance of the
adjudicative duties of the office.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's

inistrative responsibilities without bias or preju-
dice 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 direetion 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 should take or initiate appropriate disei-
plinary measures agaist a judge or lawyer for unpro-

fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
judge's judicial duties and shall be absolutely privi-
Yeged, and no civil action predicated thereon may be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
‘ments. A judge should exereise the power of appoint-
‘ment impartially and on the basis of merit. A ji
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value

987

of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
Judge shall be employed in the court to which that
Judge was lected. “Immediate family" means a
judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge's children; and all step relationships to the
same degree.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin:

ler, alter, or in any way affect promotional advance-
ments for any such employee. ‘The provisions of this
Subsection pertaining to nepotism shall not apply to
‘mayors or justices of the peace.

C. Recusation. A judge should disqualify himself

or herself in a proceeding in which the judge’s impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court rule, In all other instances, a judge
should not recuse himself or herself,
Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended and effective March 13, 2002; amended
Jan. 13, 2005, effective Feb. 1, 2006.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appeliate Courtrooms

I. As used in these gulelines,

A "Extended coverage” means any recording or broadcasting by
‘the news media of court proceedings using television, radio, photo-
‘graph or recording equipment.

Presiding Judge” means the Chief Justice ofthe Supreme Court

of Louisiana, the Chief Judge of « Court of Appeal, cr the senior

Sige of pne of whch the Chit Jats or Chia Jade not

member.

“Proceeding” means any hearing, motion argument on appes] or
ther matter held in open court which the publie i entiied to
attend.

D. “Party” means» named Utigant of record who has appeared in

‘the ease and includes a partys counsel of record
“Media” means legitimate news gathering and reporting agencies

and their representatives.

F. “Court” means an appellate court and includes the Supreme
‘Court of Louisiana and the Courts of Appoal ofthe several ccuits.

IL_All extended modia coverage of court proceedings shall be gov-
‘emed by the principle that the decorum and dignity of the court,
‘be courtroom and the judcaproess wil be msntained a all
times, Resolution of any question of coverage or procedure not
fpecealyadresed In ts uctin vil be Gude by tis over=
ding principe

5

ion stating the
court at least 10 days prior to the date ofthe proceedings.  Upa
abjestion by & party, or on the court's own motion, the presiding
judge may prohibit or limit extended proceeding.

1B. Extended coverage shall not be permitted in any proceeding
‘which by lw must or may be held in private.

DEF00180


5466

CODE OF JUDICIAL CONDUCT

Canon 7

discourage other employees and officials subject to

the candidate's direction and control from doing on

the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

(@) shall not:

(@ with respect to cases, controversies, or is-
sues 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 the office;

Gi) knowingly make, or cause to be made, a
false statement concerning the identity, qualifica-
tions, present position or other fact concerning
the candidate or an opponent; oF

Gi) while a proceeding is pending in any Loui-
siana state court, make any public comment that
might reasonably be expected to affect its out-
come or impair its fairness.

(e) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon TB(LXA).

C. A Judge or a Judicial Candidate Ms

Q) Atany time

(a) attend political gatherings;

(b) identify himself or herself as a member of a
political party;

(2) During his or her eandidacy

(a) speak to gatherings on his or her own behalf;

(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;

(©) distribute pamphlets or other promotional
campaign literature supporting his or her candida-
x

(@) contribute to a political organization and/or be
{included on a political ticket or endorsement,

D, Campaign Committees

(2) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. “A judge
or judicial candidate may personally solicit publicly
stated support.

@) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
‘mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of fands for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coercion may be ap-
plied in such solicitation.

(8) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than two years before the primary election.

915

Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the eampaign debt is extin-

ished, post-election campaign contributions may not
ited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions exept as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial eandidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campaign contributors or by donation to a
charitable organization. ‘The judge or judicial candi-
date may retain campaign funds in ‘the following
amounts proportionate to the population of the judge's
or judicial candidate's election district:

Population of Amount of Campaign Funds
Election District

‘That May Be Retained
Below 26,000 25,000
'25,000-100,000 $ 50,000
100,001~200,000 $ 75,000
200,001-300,000 $100,000
'300,001~400,000 $125,000
Over 400,000 $150,000

F. Other Political Activity. 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, or as expressly author-
ized by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A suecess-
ful 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 Rule 82(a) and (b) of the Louisiana Rules of
Professional Conduct.

H, Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
‘with the election of appointment authority, or author
ines solicitation or acceptance of contributions or sup-
port, whichever oceurs first. ‘The term “candidate”
hhas the same meaning when applied to a judge seek-
ing election to judicial or non-judicial office.

I. Candidacy for Non-Judicial Office. A judge
shail resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a judge
may continue to hold judicial office while being a
candidate for election to or serving as a delegate in @

DEF00216


5456

Art. 14, §11

ARTICLES OF INCORPORATION

i) Failure to timely file the annual report or pay
the annual fee will result in the suspension of the
right to eet as a legal consultant until such time as
the report is filed and/or the fee is paid.

b. Such annual fee shall include annual dues as
determined in accordance with Article V of the Arti-
eles of Incorporation of the Louisiana State Bar Asso-
ciation and the disciplinary assessment fee as deter-
mined in accordance with Supreme Court, Rule XIX.
ion with the Louisiana State Bar As-
tusiness Associations,

‘Subject to the limitations set forth in subsection
4, every person licensed to practice as a legal consul-
tant shall be entitled and subject to:

@ the rights and obligations set forth in the
Rules of Professional Conduct or arising from the
other conditions and requirements that apply to a
regular member of the bar of this state under the
Rules of the Supreme Court, of Louisiana; and,

Gi) the rights and obligations of regular mem-
ber of the bar of this state with respect

(aa) affiliation in the same law firm with one or
‘more members of the bar of this state, including
by:

1, employing one or more members of the bar
of this state;

2. being employed by one or more members
of the bar of this state or by any partnership or
professional law corporation which includes mem-
bers of the bar of this state or which maintains an
office in this state; and

3. being a partner in any partnership, share-
holder in any professional law corporation, or
member of a limited liability company which in-
cludes members of the bar of this state or which
‘maintains an office in this state; and

(bb) attorney-client privilege, _work-produet
privilege and similar professional privileges

b. Notwithstanding paragraph a() of this subsee-
tion, a person licensed as a legal consultant is not
required to comply with the minimum requirements of
continuing legal education as mandated by Rule 1.1(b)
of Article XVI of these Articles of Ineorporation,

8, Revocation of License.

In the event the Supreme Court determines that a
person licensed as a legal consultant no longer meets
the requirements for licensure, it shall revoke the
license granted to such person.

Adopted May 9, 1996, effective July 1, 1996.

Historical Notes

A prior § UL of Arie 34 ofthe Artes of Tnearporsin ofthe
Louisiana State Bar Association wan deleted.

Section 11 Appendix. Licensing of Legal Consul-
tants in Foreign Law

‘An applicant who wishes to become licensed as a
consultant in foreign law, and who wishes to remain so
licensed, shall be required to submit proof of malprac-
tice insurance with a minimum coverage of $500,000
per claim, or other guarantee of financial responsibili-
ty in like amount and in a form acceptable to the
Clerk of this Court,

Adopted May 8, 1996, effective July 1, 1996.

ARTICLE XV. DISCIPLINE AND
DISBARMENT OF MEMBERS,
[REPEALED]

§§ 1 to 16. Vacated and repealed effective April 1,
1990

Publisher's Note: See now Supreme
Rule XIX.

ARTICLE XVI. RULES OF PROFESSIONAL CONDUCT

Reenacted January 20, 2004, effective March 1, 2004
Including Amendments Received Through May 1, 2007

Rule
1.0. Terminology.

CLIENT-LAWYER RELATIONSHIP
1.1. Competence.

1.2. Scope of Representation and Allocation of Authority
Between Client and Lawyer.

17. Conflict of Interest: Current Clients.
18 Confit of Interest: Current Clients: Specific Rules,

Rule
CLIENT-LAWYER RELATIONSHIP—Cont'a

19, Duties to Former Clients,

110. Impatation of Conflicts of Interest: General Rule,

111. Special Conflicts of Interest for Former and Current
Government Officers and Employees.

142, Former Judge, Arbitrator, Mediator or Other Third
Party Neutral

1.18. Organization as Client.

14. Client with Diminished Capacity.

15. Safekeeping Property.

16. Declining or Terminating Representation.

LIS ‘Duties to Prospective Glen,

DEF00206


5316

LOUISIANA
RULES OF COURT

STATE

1994,

INCLUDING AMENDMENTS RECEIVED
THROUGH Marcu 1, 1994

LAW LIBRARY

West PUBLISHING COMPANY
Saint PavL, MINNESOTA

DEF00066
PORT Exhibit 1001 (j)


5340

Westiaws
LA ST CIC Prec. Canon 1, Refs & Annos Page 1
‘Code of Jud.Conduct, Prec. Canon 1, Refs & Annos, 8 LSA-R.S.

WEST'S LOUISIANA STATUTES ANNOTATED
LOUISIANA REVISED STATUTES
CODE OF JUDICIAL CONDUCT

Copr. © West 1996. All rights reserved.

CANON 1
A Judge Shall Uphold the Integrity and Independence of the Judiciary

An independent and honorable judiciary is indispensable to justice in our society.
A Judge should participate in establishing, maintaining, and enforcing, and shall
personally observe, high standards of conduct so that the integrity and independ-
ence of the judiciary may be preserved. The provisions of this Code are to be con-
strued and applied to further that objective. As a necessary corollary, the judge
must be protected in the exercise of judicial independence.

CANON 2
A dudge Shall Avoid Impropriety and the Appearance of Impropriety in All
Activities

A. A judge shall respect and comply with the law and shall act at all times in 2
manner that promotes public confidence in the integrity and impartiality of the ju-
iciary.

B, A judge shall not allow family, social, political, or other relationships to
influence judicial conduct or judgment. A judge shall not lend the prestige of ju-
dicial office to advance the private interest 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 char
acter witness. Although a judge should be sensitive to possible abuse of the pres~
tige of office, a judge may, based on the judge's personal knowledge, serve as a
reference or provide a letter of recommendation. letters of recommendation may be
written only on private stationery which does not contain any official designation
of the judge's court, but the judge may use his or her title. A judge shall not
initiate the communication of information in any court or disciplinary proceeding,
but may provide such information for the record in response to a formal request by
@ court or disciplinary agency official.

C. A judge shall not hold membership in any organization that arbitrarily excludes
from membership, on the basis of race, religion, sex or national origin, any per-
sons who would otherwise be admitted to membership. The term "organization" shall
not include, however, an association of individuals dedicated to the preservation
of religious, ethnic, historical or cultural values of legitimate common interest
to its members; or an intimate, distinctly private association of persons whose

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00080
PORT Exhibit 1001 (m)


5375

CODE OF JUDICIAL CONDUCT

Canon 3 App.

ii) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

iv) the reproduction will be exhibited only for
inetructional purposes in educational institutions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
Judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (ec) ensure the fair adminis-
tration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or preju-
dice 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,

(8) A judge should take or initiate appropriate disci-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of diseiplin-
ary responsibilities, as set forth above, are part of the
Judge's judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon inay be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power of appoint
ment impartially and on the basis of merit. A judge
should avoid appointments which tend to ereate the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
Judge shall be employed in the court to which that
Judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge’s spouse; the spouses
of a judge’s chiliren; and all step relationships to the
same degree.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin-
der, alter, or in any way affect promotional advance-
ments for any such employee. ‘The provisions of this
Subsection pertaining to nepotism shall not apply to
mayors or justices of the peace.

843

€. Recusation, A judge should disqualify himself
or herself in a proceeding in which the judge's impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself ina ing in which
disqualification is required by law or applicable Su-
preme Court rule, In all other instances, a judge
should not recuse himself or herself.

Amended April 23, 1985; December 3, 1990; Amended and
effective June 3, 1993; amended July 3, 1996, effective July
‘8, 1996,

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appellate Courtrooms
1 As used in these guidelines,
‘A. “Extended omeraye" means any recording or broadcasting by
‘the news media of court proceedings using television, radio, photo
sraphic or rearing equipment.
“Presiding Judge” meuna the Chief Justice ofthe Supreme Court
‘of Louisiana, the Chief Judge of Court of Appeal, or the senior
Judge of pn of wich ne Chet Juice or Che Doge nt
© Pecan” ‘means any hearing, motion, argument on appeal oF
ser eth gn et ch he Pe ed

B

1. ery mec 2 nae ga ef znd whoa ppd i
‘the case, and includes a party's counsel of record.
Meda” mean legate nes gatering and reportg ageces,
see ees
Court” means an oppllte cour and includes the Supreme
‘cout Louisiana and the Courts of Appeal of he several ores.
All extended media coverage of court procedings shall be gov-
sgn hy tpi hat he decor nd ly of he rt
courtroom and the jada process wil be maintained a all
timer Rasdulen of tay quo ef sere or ocd mt
specially addressed inthis section wil be guided by this cver-
ing ping
IHL. A. The consent or approval of partes ta extended coverage is
ot required. Parties may cbject to extended coverage by fing &
‘written objection stating the reasons therefor with the clerk of
Tourt atleast 10 days prior tothe data ofthe proceedings. Upon
tbjecton by & party, or on the cour’s own motion, the
Judge may prohbit'or lt extended eaverage of a proceeding
Extended coverage shall not be permitted in any proccding
‘wich by Taw must or may be held in private.
The decision ofthe presiding judge on any question of coverage
‘shall be final and shall nt be sujet oneview by any other court
Waleed cnrg of rong sl mtb eed wes
‘notice of intention to provide extended coverage of
five by Ue rein to the lr of nut alent 29 dap in avabee
ST the proceding, provided that only reasonable nice shall be
regued for coverage of expe proceeding ot ua ce

F.

0.

Bruna coverage of art proces may bored by
news radi agencies and ter representatives Fy weotape
efor la rein sl be we oc
Sal or pial sdvertking porpoe. Such ute of tesa raters
‘rie tesarded' aa lawl interference wih the Jail
Proce

VL. Extended coverage of investitive or ceremonial prostaings at
‘aiance with these guidelines may be athored by the cour.

VIL. When extended coverage { permiid, all media repress
ten tha have egually the right to provide coverage. When

fntended coverage is to be provided by mare than one ea

Sora, te es teary shin dea ee

Coordinate wih the cout a mates dealing with

DEF00125



5449

CODE OF JUDICIAL CONDUCT.

Canon 3

B. A judge shall not allow family, social, political,
or other relationships to influence judicial conduct or
Judgment. A judge shall not lend the prestige of
Judicial office to advance the private interest 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. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
Judge's personal knowledge, serve as a reference or
provide a letter of recommendation. Letters of ree-
‘ommendation may be written only on private station-
ery which does not contain any official designation of
the judge's eourt, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

©. A judge shall not hold membership in any
organization that arbitrarily excludes from member-

ship, on the basis of race, religion, sex or national

origi, any persons who would otherwise be admitted
to membership. The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or

be entitled to constitutional protection.

Amended and effective June 3, 1993; amended July 8, 1996,
fective July 8, 1096; amended Jan 18, 065, effective Fe.
1, 2005.

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office preseribed by law. In the perform-
ance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(2) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
wayed by partisan interests, public clamor, or fear of
criticism.

(2) A judge shall maintain order and decorum in
judicial proceedings.

(3) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an’official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge’s di-
reetion and control.

(@) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perform-
ance of judicial duties, by words or conduct manifest

bias or prejudice, and shall not permit staff, court
officals or others subject to the judge’s direction and
control to do so.

(6) A judge shall require lawyers in proceedin
before the Judge £0 refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(6) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any case, either civil or criminal. A
Judge may obtain the advice of a disinterested expert
‘on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
Where cireumstances require, ex parte communica-
tions are authorized for scheduling, administrative
purposes or emergencies that do not dea} with sub-
stantive matters or issues on the merits, provided the
Judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication, A judge shall not knowingly
aceept in any case briefs, doeuments or written com-
‘munications intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular’ member of the court to whom a case is
allotted or assigned for any purpose. Similar cireum-
spection should be exacted on the part of court offi-
cers, clerks and secretaries.

() A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) A judge shall not, while a proceeding is pending
in any Louisiana state court, make any public com-
ment that might reasonably be expected to affect its
outcome or impair its fairness, and shall require simi-
lar abstention on the part of court personnel subject
to his or her direction and control. This subsection
does not prohibit judges from making public state-
‘ments in the course of their official duties or from
explaining for public information the procedures of the
court.

(®) Except a5 herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
Photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses bebween sessions.

A trial judge may authori:

(a) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

1005,

DEF00199


5378

Canon 7

CODE OF JUDICIAL CONDUCT.

(@) act as a leader or hold any office in a political
organization;

() publicly endorse or publicly oppose another
candidate for publie office;

(©) make speeches on behalf of a political organi-
zation or a candidate for publie office;

(d) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B. Campaign Conduct.
(2) A judge or judicial candidate:

(2) abl maintain che dignity appropiate to ju
cial office and act in a manner consistent with
integrity and independence of the judiciary, and
should encourage the 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 should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
ons, shal) not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

(@) shall not

( make pledges or promises of conduct. in
office other than the faithful and impartial perfor-
mance of the duties of the office;

(i) make statements that, commit or appear to
commit the candidate with respect to cases, con-
troversies, or issues that are likely to come before
the court; or

ii) knowingly misrepresent the identity, quali-
fications, present position or other fact concern-
ing the candidate or an opponent.

(e) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1)(4).

C. A Judge or a Judicial Candidate May:
(@) At any time

(@) attend political gatherings;

(b) identify himself or herself as a member of
political party;

() During his or her candidacy
(@) speak to gatherings on his or her own behalf;

46

(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy,

(©) distribute pamphlets or other promotional
campaign literature supporting his or her eandida-
%

(@) contribute to a polities! organization and/or be
included on a political ticket or endorsement.

D. Campaign Committees

(1) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
stated support,

@) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coercion may be ap-
plied in such solicitation.

@) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit contributions for the candidate's campaign no
earlier than two years before the primary election.
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campaign contributors or by donation to a
charitable organization. The judge or judicial eandi-
date may retain campaign funds in the following
amounts proportionate to the population of the judge's
‘or judicial candidate's election district:

Population of Amount of Campaign Funds

Election District ‘That May Be Retained
Below 25,000 $ 25,000
-25,000-100,000 $ 50,000
1100,001~200,000 $ 75,000
+200,001-800,000 $100,000
300,001 400,000 $125,000
Over 400,000 $150,000

DEF00128


KEY pemee Karty To Frese
Ola? S¥/

5285

LOUISIANA
RULES OF COURT

STATE

1990

Wir AmenpMents Receivep THroucH
Fesruary 1, 1990

WEST PUBLISHING Co.
SAINT PAUL, MINNESOTA
1990

DEF00035
PORT Exhibit 1001 (f)


5410

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976

Including Amendments Received Through May 1, 2004

Research Note

Use Westlaw to find cases citing a rule. Westlaw may also be used to
‘search for specific lerma or to update a rule; see the LA-RULES
‘and LA-ORDERS Scope Screens for further information.

‘Amendments to thee rules ae published a reosived, in Southern
Reporter 2d and Louisiana Cases advance sheets.

"anon

4. Sudo Shall Uphold the Integrity and Independence

of the

RA ine 8 ‘Shall Avoid Empey and the Appearance
tivities.

8A Judge Sha Partorm the Dies of OfeeTmpartlly
and Diligently.

4. Quast Juda Activities A Judge May Engsge in Qua-
ah dic Actives to Improve the Law, the Legal
System, and the Administration

5 Byuactutleal Aedvidos A Judge Sha Regulate Bx-
‘tra-Judicial Activities to Minimize the Risk of Con-
flict With Judicial Duties.

6 A Judge Shall Aveept Compensation or Gifts for Quast
Judicial and ExtraJudielal Activities Only Under
Restricted Cireumstances.

TA eo Or Jdical Candidate Shall Refrain. From

litical Activity.
contfltacs WHITH THE Cope OF JUDICIAL
COMMITTEE ON JUDICIAL ETHICS.

Adoption of Code

The following new Canons, effective January 1, 1976,
‘were adopted by the Supreme Court of Louisiana
on March 5, 1976, to replace the Canons of Judi-
cial Ethics adopted October 18, 1960.

NL
A Judge Shall Uphold th the Integrity and Indepen-
dence of the Judiciary

An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforeing,
and shall personally observe, high standards of con-
duet so that the integrity and independence of the
judiciary may be preserved. The provisions of this
Code are to be construed and applied to further that

objective, As a necessary corollary, the judge must
be protected in the exercise of judicial independence.
Amended and effective June 3, 1998; amended July 3, 1996,
effective July 8, 1996,

Commentary to Canon 1
‘The word “shall” is intended to impose binding

obligations, the violation of can result in
nary ection,
When “should” is used, the text is intended to

instruct judges concerning appropriate judicial con-
duct. ‘The use of should is an acknowledgement
that the eonduet regulated in these Canons may
‘impose in the judge more discretion, and/or may
involve the eonduet of others. Nonetheless, a clear
violation of any Canon in which should is 'used, a
clear abuse of diseretion by the judge in eonforming
his or her conduct to any such Canons, or a clear
abuse of discretion by the judge in regulating the
conduet of those persons whose actions are subject
to the judge's direction and control, may also result
in judicial disciptne.

CANON 2
A Sudge Shall Avoid Impropriety and the Appear.
of Impropriety in All Activities

AL A judge shall respect and comply with the law
and shall act at all times in a manner that promotes
publi confidence in the integrity and impartiality of
the judiciary.

B.A judge shall not allow family, social, political,
or other relationships to influence judicial conduct or
judgment, A judge shall not lend the prestige of
Judicial office fo advance the private interest 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

958

DEFO00160


5433

Canon 6

CODE OF JUDICIAL CONDUCT

(2) The judge's report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 3ist of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. "In the report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasi-judicial activity.

(@) A judge shall file initial and annual disclosure
statements with the Office of the Judicial Administra
tor of the Supreme Court of Louisiana if the judge
derives directly, or through a legal entity of which
he/she owns ten percent or more, anything of econom-
ic value, when that value exceeds $2,500, from a
contract or subcontract which is related to a disaster
‘or emergency declared by the governor, and when the
Judge knows or reasonably should know the contract
or subcontract is or may be funded or reimbursed in
whole or in part with federal funds.

Initial disclosure statements shall be due on or
before March 1, 2006, or within 16 days after the
judge or legal entity enters into such a contract or
‘subcontract, whichever occurs later. Thereafter, an-
nual disclosure statements are due on or before Jamu-
ary 31% Disclosure statements shall be subject to
Public inspection.

Disclosure statements shall contain the following
information:

(a) The name, business address and office held by
the judge;

() If through a legal entity,

() the name and business address of the legal
entity;
Gi) the percentage of the judge's ownership
interest in the legal entity;
i) the position, if any, held by the judge in
the legal entity;

(© The nature of the contract or subcontract,
including:

(®) the amount of the contract or subcontract;

Gi) a description of the goods or services pro-
vided or to be provided pursuant to the contract
or subcontract;

(@) The amount of income or value of anything of
economic value to be derived or, if the actual
amount is unknown at the time the statement is
due, the amount reasonably expected to be derived
by the judge from the contraet or subcontract.
Any judge who is subject to the provisions of this

subpart shall be required to file annual disclosure
statements until a disclosure statement is filed after
the completion of the contract or subcontract subject
to disclosure, or until the judge vacates his/her judicial
office, whichever occurs first. Annual disclosure
statements shell not be required for the receipt of
things of economic value pursuant to contracts or
subcontracts entered into prior to the judge taking
office; however, if a judge receives or reasonably

990

expects to receive a thing of economic value otherwise
required to be disclosed by this subpart pursuant to
the renewal of such a contract or subcontract occur-
ring after the judge takes office, the judge shall file a
disclosure statement no later than 15 days after such
renewal.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996; amended Nov, 11, 1996, effective July
8, 1996; amended Dee. 6, 2005, effective Jan. 1, 2008; amend-
ed Jan, 10, 2006, effective Feb. 1, 2006.

CANON 7
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity
A. Political Conduct in General,
() A judge or judicial candidate shall not:

(@) act as a leader or hold any office in a political
organization;

(b) publicly endorse or publiely oppose another
candidate for publie office;

(©) make speeches on behalf of a political organi-
zation or a candidate for public office;

(@) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a political organization or candi-
date or purchase tickets for political party dinners
or other campaign functions.

B. Campaign Conduct.
(2) A judge or judicial candidate:

(a) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent, with the
impartiality, integrity and independence of the judi-
lary, and should encourage the members of the
candidate's family to adhere to the same standards
of political conduct in support of the candidate as
apply to the eandidate;

(b) shall prohibit employees and officials who
serve at the pleasure of the candidate, and should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
cons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under. this Canon;

(@) shall not:

() with respect to cases, controversies, or is-
sues 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 the office;

Gi) knowingly make, or cause to be made, a
false statement concerning the identity, qualifica-
tions, present position or other fact concerning
the candidate or an opponent; or

DEF00183


5261

Canon 3

will be no audio recording, radio, television, or
taperecording, made or broadcast of any confer-
ence between attorneys and their clients, between
co-counsel of 1 client, between counsel and the
presiding judge when held at the bench, or of
Proceedings held in chambers. No parabolic mi-
erophones shall be used.

Added April 23, 1985.

CANON 4

A Judge May Engage in Activities to
Improve the Law, the Legal System,
and the Administration of Justice

__A judge, subject to the proper performance of his
1 duties, may engage in the following quasi-
pe 1 activities, if in doing s0 he does not cast
doubt on his eapacity to decide impartially any issue
that may come before him:
ite, lecture, teach, and par-
s concerning the law, the
legal system, and the administration of justice.

B. He may appear at a ple hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con-
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice,

C, He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice. He may
assist such an organization in raising funds and
may participate in their management and invest-
ment, but should not personally participate in public
fund raising activities. He may make recommenda-
tions to the public and private fund-granting agen-
Gies on projects and programs concerning the aw,
the legal system, and the administration of justice,

CANON 5

A Judge Should Regulate His Extra-Judicial
Activities to Minimize the Risk of Conflict
with His Judicial Duties

A. Avocational Activities

A judge may write, lecture, teach, and speak on
non-legal subjects, and engage in the arts, sports,
and other social and recreational activities, if such

avocational activities do not detract from the dignity
of his office or interfere with the performance of
his judicial duties.

52

CODE OF JUDICIAL CONDUCT

B. Civic and Charitable Activities

A judge may participate in civic and charitable
activities that do not reflect adversely upon his
impartiality or interfere with the performance of his
judicial duties. A judge may serve as an officer,
director, trustee, or non-legal advisor of an edu:
cational, religious, charitable, fraternal, or civic
ganization not condueted for the economic or politi
cal advantage of its members, subject to the follow-
ing limitations:

(1) A judge should not serve if itis likely that the
organization will be engaged in proceedings that
would ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

(2) A judge should not solicit funds for any edu-
cational, religious, charitable, fraternal, or civil or-
ganization, or use or permit the use of the prestige
of his office for that purpose, but he may be listed
as an officer, director, or trustee of such an orga-
nization. He should not be a fund raising speaker
or the guest of honor at an organization's fund
raising events, but he may attend such events.

©. Financial Activities

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perform-
ance of his judicial duties, exploit his judicial posi-
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on which he serves.

@) Subject to the requirement of subsection (1), a
judge may hold and manage investments, includin,
real estate, and engage in other remunerative activ-
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu-
tion, homestead or savings and loan association,
insurance company, public utility, and other busi-
nesses affected with a public interest.

(8) A. judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he can
do so without serious financial detriment, he should
divest himself of investments and other financial
interests that might require frequent recusation.

(4) A judge or a member of his family residing in
his household should not accept any gifts or favors
which might reasonably appear as designed to af-
fect his judgment or influence his official conduct.

(5) Information acquired by a judge in his judicial
capacity should not be used or disclosed by him in
financial dealings or for any other purpose not
related to his judicial duties.

D. Arbitration
A judge should not act as an arbitrator or media-
r.

DEF00011


CODE OF JUDICIAL CONDUCT.

54

60

Canon 3

(©) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following concitions:

(@ the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

‘Gi the parties have consented, and the consent
to being depicted or recorded has been obtained
‘from each witness appearing in the recording and
reproduction;

(Gi) the reproduetion will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

Gv) the reproduction will be exhibited only for
‘instructional purposes in educational institutions.

‘An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
Judicial proceedings in the courtrooms of appellate
Courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair aclminis-
tration of justice in the pending cause.

(10) A judge shall not, with respect to cases, contro-
versies 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 the ofc.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or preju-
dice 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 sibject 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.

(@) A judge should take or initiate appropriate disei-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
Judge's judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon inay be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power of appoint-
iment impartially and on the basis of merit A judge
should avoid appointments which tend to create the

ance of impropriety. A judge shall not approve

the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
judge shall be employed in the court to which that

909

Judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge's children; and all step relationships to the
same degree

The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hi
der, alter, or in any way affect promotional advance-
‘ments for any such employee. The provisions of this
Subsection pertaining to nepotism shall not apply to
‘mayors or justices of the peace.

C. Recusation. A judge should disqualify himself

or herself in a proceeding in which the judge's impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court role. In all other instances, a judge
should not recuse himself or herself.
Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1988; amended July 8, 1996, effective July
8, 1996; amended and effective March 13, 2002; amended
Fan. 18, 2005, effective Feb. 1, 2006.

APPENDIX TO CANON 3
Guidetines for Extended Media Coverage of Proceedings in
‘Appellate Courtrooms

LAs used in these guidelines,
AL “Extended coverage” metne any recording or broadcasting by
the news media of court proceedings using television, radio, photo-
graphic or roeording equipment.
“Presiding Judge” means the Chet Justice ofthe Supreme Court
f Louisiana, the Chief Judge of a Court of Appeal, or the senior
Judge of panel of which the Chit Jastice or Chief Judge isnot a
mernber
“Proceeding” means any hearing, mation,

c srgument a appeal or
other matter beld open cout which the pale i ended to

tend
“Party” means a named liga of red who has appeared ia

‘he ease, and iniodes a party's cone of record.

“Modi us legate new ating an reporting opts

‘and thei eprsenatives

Court" moans an sppellte court and joehdes the Supreme

“court af Lousiana and the Coats of Appeal af the sever! creas

1, All extended mea coverage of court proceedings shall be gor
arsed by te pice thatthe corm att diguty of the cour,
the courtroom and the judicial proces wil be maintained a all
tinea." Roschaion of ety question of eaverage or precedure not
Dpeclclly addcesaad in this erctinn wl be guided by this over=
ing principle.

UL, A. The consent or spproval of parties to extended coverage
Tot requzed. Parr may object wo extended coverage by (INE @
writen objection stating th Peasona therefor with the cere of
{oust at least 10 days pir othe date of the ‘Upon
‘jection by «party, ot on the court's own moon the presiding
dee ma" poh or Hit extended coverage Of 8 proceeding

1B. Extended coverage shall not be permitted in any proceeding
‘which yin mst maybe el in private.

The dasson of the presiding judge on any question of coverage
‘shall bo inl ae shal rot be sabe to revew by any ober oar.

IV. Bxtande coverage of proceding shall ot be permite unless
oie of Intention t provide extended coverage of a proceeding i
fren by the meat the clerk of eour at lees 20 day in wavance
the proceling. proved that Only resonable notice ell be

D.

5

Fr

DEF00210


5393

Canon 3

CODE OF JUDICIAL CONDUCT

(G the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

(Gi) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(Gv) the reproduction will be exhibited only for
{instructional purposes in educational institutions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
‘ration of justice in the pending cause.

B. Administrative Responsibilities,

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or preju-
dice and maintain professional competence in judicial
administration, and should cooperate with other
Judges and court officials in the administration of
court business.

@) A judge shall require staff, court officials and
others sithject 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,

(8) A judge should take or initiate appropriate disci-
plnary measures sgunat a judge ot lye for anpro
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of diseiplin-
ary responsibilities, as set forth above, are part of the
judge's judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon may be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments, A judge should exercise the power of appoint-
ment impartially and on the basis of merit. A judge
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not, approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
Judge shall be employed in the court to which that
Judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge's children; and all step relationships to the
same degree.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin

926

der, alter, or in any way affect promotional advance-
menta for any such employee. ‘The provisions of this
Subsection pertaining to nepotism shall not apply to
mayors or justices of the peace.

C. Recusation. A judge should disqualify himself
or Herein » proceeding in which the judges impar-
tislity might reasonably be questioned and shall
qualify himself or herself in a proceeding in hich
disqualification is required by law or applicable Su-
preme Court rule. In all other instances, a judge
should not recuse himeelf or hereof
Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1994; amended July 3, 1996, effective July
8, 1996; amended and effective March 13, 2002.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appellate Courtroom
LAs used in these guidelines,
ixtended coverage” means sny recording or broadeasting by
using television, radio, photo-

“Presiding Judge” means the Chief Justice of the Supreme Court
* og Losnann, he Chet Saige of a Court ot Appa), ore seit
ETT ote nt re en eos
‘mem

C. “Proceeding” means any heating, motion, argument on appeal or

cer anil oe et shh he Pi tt

D. cpu? rnc 3 ne gt fr beer

‘he ease, and includes a party's counsel of record.

‘E._ "Media” means legitimate news gathering and reporting agencies
‘heir representatives,

“Court” means an appeliste court and includes the Supreme

‘Court of Louisiana and the Courts of Appeal ofthe several cirets,

TL. All extended media coverage of court proceedings ahall be gor-

‘ened by the principle that the decorum and dignity ofthe court,

the courtroom and the judicial process will be maintained at all

times.  Resolation of aay question of coverage or procedore pot

specifically addressed in this seeton will be guided by Unis over-

riding principle.

IIL. A. The consent o approval of parties to extended coverage is

‘Partcs

F,

jection by
foige may’ prokotor is xendodcovernge of proceed,
B. Extended coverage shall not be permitted in any proceeding
which by nw mast ar may be held in private.

The decision ofthe preiing jue on any question of covragy
‘hal be final and shall not be subject to review by any other cour.

IV. Extended coverage a proceaing hil ot be permite unos
‘notice of intention to ‘otendad

ate fr everge ox pve 8 rey ee
1. Bd even of ons promis mes be pened
news media agencies and ther tepreseniaives Pll videotape
Photograph snd ato repedction shal nl be ted fr comes
ator pat aden prone Sach ne of se mr

ter regarded av an inlaw inlrarene wth Uo Jc

pees.
VA, Ensended everage of lovee or eral resetings
Tartar wth these pdelaet may be ahraed by Une crt

DEF00143


5401

CODE OF JUDICIAL CONDUCT

Canon 8

judicial office to advance the private interest 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. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
Judge's personal knowledge, serve as a reference or
provide a letter of recommendation. Letters of rec-
‘ommendation may be written only on private station-
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
Dut may provide such information for the record in
‘vesponse to a formal request by a court or disciplinary
agency official,

C. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. ‘The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate eommon interest to its
members; or an intimate, distinctly private associa-
tion of persons whose membership limitations would
be entitled to constitutional protection.

Amended and effective Jane 3, 1998; amended July 8, 1996,
effective July 8, 1996

CANON 3
‘A Judge Shall Perform the Duti
tially and Dili

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the following standards apply:

‘A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it, A judge shall be uns-
‘wayed by partisan interests, public clamor, or fear of
eriticism,

(@) A judge shall maintain order and decorum in
judicial proceedings.

() A judge shall be patient, dignified, and courte
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
reetion and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
mance of judicial duties, by words or conduct manifest.
bias or prejudice, and’ shall not permit staff, court
officials or others subject to the judge's direction and
control to do so.

of Office Impar-
tly

939

(5) A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(©) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
‘communications designed to influence his or her judi-
ial action in any case, either civil or criminal. A
Judge may obtain the advice of a disinterested expert,
on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
Where circumstances require, ex parte communiea-
tions are authorized for scheduling, administrative
purposes or emergencies that do not deal with sub-
stantive matters or issues on the merits, provided the
Judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
munications intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular member of the court to whom a case is
allotted or assigned for any purpose. Similar eireum-
speetion should be exacted on the part of court offi-
cers, clerks and secretaries,

(1) A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) A judge shall not, while a proceeding is pending
or impending in any court, make any publie comment
that might reasonably be expected to affect its out-
come or impair its fairness, and shall require similar
abstention on the part of court personnel subject to
his or her direction and control. This subsection 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.

(9) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authorize:

(a) the use of electronie or photographie means
for the presentation of evidence, for the perpetua-
tion of a record for the court. or for counsel, or for
other purposes of judicial administration;

() the broadeasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(©) the photographie or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

DEF00151


5407

STATE BAR ASSOCIATION

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(©) The President of the District Judges Associa-
tion and two other District Judges;

(@ The President of the City Judges Association;

(©) One juvenile or family court judge;

(f) The Judicial Administrator, and

(g) The President of the Louisiana State Bar Asso-
ation.

‘The members of said Committee shall be selected

and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Supreme Court shall select one district,
court judge and one juvenile or family court judge
who shall serve for terms of two years;

(d) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years

(e) The District Judges Association shall select one
member to serve on the Committee for two years;

(© The Chairperson of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respeetive terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. ‘The Committee shall make its own rules
and select members to serve in such other offices as it,
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires,
Amended Oct. 31, 1975, effective Jan. 1, 1976; amended and

effective June 8, 1999; amended July 3, 1996, effective July
8, 1996; amended May 28, 1998, effective July 1, 1998,

ARTICLES OF INCORPORATION
OF THE
LOUISIANA STATE BAR ASSOCIATION

Including Amendments Received Through May 1, 2003

Research Note

Use Westlaw to find cases citing a rule. Westlaw may also be used to
search for specific terms or to update a rule; see the LA-RULES
and LA-ORDERS Scope Screens for further information.

Amendments to these rules are published, as received, in Southern
Reporter #d and Louisiana Cases advance sheets,

ARTICLE I. NAME Section
Seetion 2. Service of Process.
% Name, ARTICLE Ill. OBJECTS, PURPOSES,
ARTICLE IL. DOMICILE, PRINCIPAL OFFICE DURATION AND POWERS

AND SERVICE OF PROCESS

1. Objects and Purposes,
1. Domicile and Prineipsl Office.

2, Duration, Powers, Bts.
945

DEF00157


5300

LOUISIANA
RULES OF COURT

STATE
Lay
OF Lousy
1992 Ma
Y 73 1g

Wirn AmenpMENTS REcEIvVED THROUGH
Marcu 15, 1992

West PUBLISHING COMPANY
SAINT PAUL, MINNESOTA
1992

DEF00050

PORT Exhibit 1001 (h)


5

CODE OF JUDICIAL CONDUCT

462,

Canon 6

Civie and Charitable Activities. A judge may
participate in civie and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
tal, or civie organization not conducted for the eco-
advantage of its members, subject to
imitations:

(2) A judge shall not serve if the judge knows, or
should know, it is likely that the organization will be
engaged in proceedings that would ordinarily come
febre the judge or wil be regularly engaged in
adversary proceedings in any court.

(2) A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civic organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
However, it shall not be a violation of this Canon for a
Judge to privately solicit funds for the judge's local
‘hurch from a local church member. A judge should
not be a fund-raising speaker or the guest of honor at
‘an organization's fund- raising events, but may attend
such events. A judge may also participate in an
organization's fund-raising events, provided the
judge's ttle or status is not used to support the fund-
raising effort.

C. Financial Activities.

@) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with law-
yers or persons likely to come before the court on
‘hich he or she serves.

(2) Subject to the requirement of subsection (1), a
Judge may hold and manage investments, including
real estate, and engage in other remunerative activity
but shall not serve as an officer, director, manager, or
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses a with a
public interest.

(8) A judge should manage investments and other
financial interests to minimize the number of cases in
Which he or she is disqualified. As soon as a judge
ean do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
Tecusation.

(4) Information acquired by a judge in his or her
judicial capacity shall not be used or disclosed by the
Judge in financial dealings or for any other purpose
not related to judicial duties.

D. Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. Extra-Judicial Appointments, A judge shall
zhot accept appointment to a governmental committee,

commission, or other position that is concerned with
{amues of fick or policy on matters other than the
improvement of the law, the legal system, or the
administration of justice. A judge, however, may
represent his or her county, state, or locality on
ceremonial occasions or in conneetion with historical,
educational, and cultural activities.

Amended and effective June 8, 1998; amended July 3, 1996,
‘effective July 8, 1996; amended and effective Feb. 12, 2003.

CANON 6
A Judge Shall Accept Compensation or Gifts for
QuasiJudicial and Extra-Judicial Activities Only
‘Under Restricted Circumstances

Text of Canon 6 effective until January 1, 2009

A judge may receive compensation and expenses for
the quasi-judicial and extrajudicial activities permit-
ted hy thls Code if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following rest

A. Compensation. Compensation for quasi-ju
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not
exceed what a person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
ineurred by the judge and, where appropriate to the
oceasion, by his or her spouse. Any payment in
excess of stich an amount is compensation.

C. Gifts. A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect the
judgment of the judge or influence the judge's official
‘conduct.

D. Annual Reports,

(1) A judge shall report annually all. compensation
and expenses received in connection with any quasi-
judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $500 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association.

(2) The judge's report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 3lst of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. In the report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasi-judicial activity.

(8) A judge shall file initial and annual disclosure
statements with the Office of the Judicial Administra-
tor of the Supreme Court of Louisiana if the judge
derives directly, or through a legal entity of which
he/she owns ten pereent or more, anything of econom-
ic value, when that value exceeds $2,500, from a
contract or subcontract which is related to a disaster

ou

DEF00212


5480

Art. 14, $11

ARTICLES OF INCORPORATION

>, Such annual fee shall include annual dues as
determined in accordance with Article V of the Arti-
cles of Incorporation of the Louisiana State Bar Asso-
ciation and the disciplinary assessment fee as deter-
mined in accordance with Supreme Court Rule XIX.

7. Affiliation with the Louisiana State Bar As-
sociation; Business Associations.

a. Subject to the limitations set forth in subsection
4, every person licensed to practice as a legal consul-
tant shall be entitled and subject to:

@ the rights and obligations set forth in the
Rules of Professional Conduct or arising from the
other conditions and requirements that apply to a
regular member of the bar of this state under the
Rules of the Supreme Court of Louisiana; and,

i) the rights and obligations of a regular mem-
ber of the bar of this state with respect to:
(a) affiliation in the same law firm with one or
more members of the bar of this state, inciding
by:

1. employing one or more members of the bar
of this state;

2. being employed by one or more members
of the bar of this state or by any partnership or
professional law corporation which includes mem-
bers of the bar of this state or which maintains an
office in this state; and

3. being a partner in any partnership, share-
holder in any professional law corporation, or
‘member of a limited liability company which in-
cludes members of the bar of this state or which
maintains an office in this state; and

(bb) attorney-client privilege, _work-product
privilege and similar professional privileges.

ARTICLE XVI.

b. Notwithstanding paragraph a(i) of this subsec-
tion, a person licensed as a legal consultant is not
required to comply with the minimum requirements of
continuing legal education as mandated by Rule 1.1(b)
of Article XVI of these Articles of Incorporation.

8. Revocation of License.

In the event the Supreme Court determines that a
person licensed as a legal consultant no longer meets
the requirements for licensure, it shall revoke the
license granted to such person.

Adopted May 9, 1996, effective July 1, 1996.

Historical Notes

AA prior § 11 of Article 14 of the Articles of Incorporation of the
Lovisana State Bar Assocation was deleted.

Section 11 Appendix. Licensing of Legal Consul-
tants in Foreign Law

‘An applicant. who wishes to become licensed as a
consultant in foreign law, and who wishes to remain so
licensed, shall be required to submit proof of malprac-
tice insurance with » minimum coverage of $500,000
per claim, or other guarantee of financial respons
ty in like amount and in a form acceptable to the
Clerk of this Court.
Adopted May 9, 1996, effective July 1, 1996.

ARTICLE XV. DISCIPLINE AND
DISBARMENT OF MEMBERS.
(REPEALED)

§§ 1 to 16. Vacated and repealed effective April 1,
1990

Publisher's Note: See now Supreme
Court Rule XIX.

RULES OF PROFESSIONAL CONDUCT

Reenacted January 20, 2004, effective March 1, 2004
Including Amendments Received Through May 15, 2009

Rule 1.0. Terminology

(@) “Belief” or “believes” denotes that the person
{involved actually supposed the fact in question to be
true. A person’s belief may be inferred from cireum-
stances.

(b) “Confirmed in writing,” when used in reference
to the informed consent of a person, denotes informed
consent that is given in writing by the person or a
writing that a lawyer promptly transmits to the per-
son confirming an oral informed consent. See para-
‘graph (e) for the definition of “informed consent.” If
it is not feasible to obtain or transmit the writing at
the time the person gives informed consent, then the
lawyer must obtain or transmit it within a reasoiable
time thereafter.

(©) “Firm” or “law firm” denotes a lawyer or law-
yers in a law partnership, professional corporation,
sole proprietorship or other association authorized to
Practice law; or lawyers employed in a legal services
organization or the legal department of a corporation
or other organization.

(a) “Fraud” or “fraudulent” denotes conduct that is
fraudulent under the substantive or procedural law of
the applicable jurisdiction and has a purpose to de-
ceive,

(e) “Informed consent” denotes the agreement by @
person to a proposed course of conduct after the
lawyer has communicated adequate information and
explanation about the material risks of and reasonably

1026

DEF00230


CODE OF JUDICIAL CONDUCT

»nded coverage shall not be permitted
ney mocenng ‘which by law must or may be
held in private.

cision of the presiding judge on any
questi Sf coverage shall be final and shall not
Be subject to review by any other court.
Extended coverage of a proceeding shall
not be permitted unless notice of intention to
provid

‘extended coverage of a proceeding is giv-
Er by the media to the clerk of court at least 20
Gays in advance of the proceeding, provided that
only reasonable notice shall be required for cover-
age of expedited proceedings not regularly calen-
dared.

'Yy. Extended coverage of court proceedings
may be provided by news media agencies and
their representatives. Film, videotape, photo-
graphs, and audio reproduction shall not be used
for commercial or political advertising purposes.
Such use of these materials will be regarded as
an unlawful interference with the judicial process.

Vi. Extended coverage of investitive or cere-
monial proceedings at variance with these guide-
ines may be authorized by the court,

‘VIL When extended coverage is permitted, all
‘media representatives shall have equally the right
to provide coverage. When extended coverage is
to be provided by more than one media represent-
ative, the media collectively should designate one
representative to coordinate with the court all
matters dealing with extended coverage. Any
pooling arrangements among the media required
by the limitations and restrictions on equipment
‘and personnel contained in these guidelines shall
be the sole responsibility of the media and must
be made in advance of the court proceedings to be
covered Judges and court personnel will not
mediate any dispute as to the appropriate media
representative or equipment authorized to cover a
particular proceeding. If pooling arrangements
cannot be made or if there are unresolved media
disputes, the presiding judge may deny extended
coverage of proceedings.

VIIL A. No more than two portable tele
vision cameras, each operated by no more than
one camera person and positioned as unobtrusive-
ly as possible at locations approved by the court,
shall be permitted to be physieally in the court.
room, Only television equipment which does not
produce light or distracting sound will be permit-
ted. Videotape recording equipment which is not
@ component part of a television camera shall,
whenever possible, be located in an area outside
e

B. No artificial lighting device of any kind
shall be employed in connection with the tele-
vision camera. With the approval of the court,
modifications and additions to existing courtroom
lighting may be made provided such modifications
of additions are installed and maintained without
public expense. Multiple video/audio feeds may
bbe permitted but must be provided by a video/au-

5260

51

Canon 3

dio distribution system, furnished by the media,
located outside the courtroom.

IX. A. No more than one still photographer,
‘using not more than two still cameras with not
more than two lenses for each camera without
flash or other artificial light, shall be permitted to
bbe physically in the courtroom. Still cameras
must not produce distracting sound and should
produce no greater sound than the Leia M Series
Rangefinder camera. Motorized film advance
systems will not be permitted.

B. The photographer shall position himself in
a place designated by the presiding judge and
remain in that area except when the proceeding is
in recess. Changing of lenses or film will only be
done during a recess.

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom. Au-
dio pickup should be made from existing audio
systems in the courtroom whenever possible. If
no technically suitable audio system exists in the
courtroom, microphones and related wiring shall
be permitted but must be unobtrusive and located
in places designated in advance by the presiding
judge. Multiple radio feeds rather than a pooling
‘system may be permitted but must be provided by
an audio distribution system, provided by the
media, located outside the courtroom.

XI. When extended media coverage is autho-
rized, individual journalists may bring tape re-
corders into the courtroom and use them to
record proceedings so long as they do not cause
any distraction. Journalists using tape recorders
‘may sit at any place in the audience portion of the
courtroom, but must keep their tape recorder on
their person at all times. Changing of tape cas-
settes during proceedings is not permitted and
should only be done during a recet

XIL. All camera and audio equipment must be
in position at least 15 minutes before the start of
the proceedings and can only be moved or re-
moved after the proceedings are over or during a
recess. Television camera persons and still pho-
tographers must remain in their designated area
and are not permitted to move about the court:
room. Television cameras and radio broadcast
equipment, once in position, may not be moved
during the proceedings. Movement by television
and still photographers should be held to a mini-
mum and in no way should be distracting or call
undue attention to the operators,

XII. Camera and audio equipment authorized
by these guidelines shall not be operated during a
recess in a court proceeding. Extended coverage
in the judicial area of a courthouse or other court
facility is limited to proceedings in the courtroom
fn the presence of the presiding judge.

XIV. The dignity and decorum of the court
‘must be maintained at all times during extended
media coverage activities. Court customs, includ-
ing appropriate dress, must be followed.

XV. The confidentiality of the attorney/client
relationship must be protected. ‘Therefore, there

DEF00010


5294

Canon 3

CODE OF JUDICIAL CONDUCT

or any member of the public, the particular member
of the court to whom a case is allotted or assigned
for any purpose. Similar circumspection should be
exacted on the part of court officers, clerks and
secretaries.

(6) A judge should dispose promptly of the busi-
ness of the court.

(A judge should abstain from public comments
about a pending or impending proceeding in any
court, and should require similar abstention on the
part of court personnel subject to his direction and
control, This subsection 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.

(1) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediate
ly adjacent thereto at least during sessions of court
or recesses between sessions.

A trial judge may authorize:

(@) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(0) the broadcasting, televising, recording or
photographing of investitive or ceremonial pro-
ceedings;

(©) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

() the means of recording will not distract
participants or impair the dignity of the pro-
ceedings;

(i) the parties have consented, and the con-
sent to being depicted or recorded has been
obtained from each witness appearing in the
recording and reproduction;

(ii) the reproduction will not be exhibited un-
til after the proceeding has been concluded and
all direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only
for instructional purposes in educational institu-
tion

An appellate court may permit broadcasting, tele-

vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
‘an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum
and prevent distractions, and (c) ensure the fair
administration of justice in the pending cause.

654

B, Administrative Responsibilities,

(1) A judge should diligently discharge his admin-
istrative responsibilities, maintain professional com-
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials.

2) A judge should require his staff and court
officials subject to his direction and control to ob.
serve the standards of fidelity and diligence that
apply to bi

(3) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for
unprofessional conduct of which the judge may be-
come aware.

(4) A judge should not make unnecessary appoint-
ments. All appointments should be made on an
impartial basis, with a view of selecting competent
persons of good moral character. A judge should
avoid appointments which tend to create suspicion
of impropriety. A judge should not approve the
compensation of appointees beyond the fair value of
services rendered. A judge should avoid nepotism.
No spouse or member of the immediate family of a
judge shall be employed in the court to which that
judge was elected. “Immediate family” means a
judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; and the
spouses of a judge's children.

‘The provisions of this Subsection shall not prohib-
it the continued employment of any employee of a
court employed by such court on or before Decem-
ber 31, 1990, or any employee of a court who
becomes a member of a judge’s immediate family
subsequent to employment; nor shall such provi-
sions be construed to hinder, alter, or in any way
affect promotional advancements for any such em-
ployee. The provisions of this Subsection pertain-
ing to nepotism shall not apply to mayors or justices
of the peace.

Appenpix To CaNoN 3.
Gureines For Exrexnsp MEpIA
CovERAGE OF PROCEEDINGS IN
APPELLATE CouRTROOMS

1. As used in these guidelines,

A. “Extended coverage” means any recordin
or broadcasting by the news media of court proceed-
television, radio, photographic or record-
ing equipment.

B. “Presidi
of the Supreme

Judge” means the’ Chief Justice
wurt of Louisiana, the Chief Judge

DEF00044


5374

Canon 2

CODE OF JUDICIAL CONDUCT.

though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
judge's personal knowledge, serve asa reference or
provide a letter of recommendation. Letters of rec-
‘ommendation may be written only on private station-
ery which does not contain any official designation of
the judge’s court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

C. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinctly private associa
tion of persons whose membership limitations would
be entitled to constitutional protection.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(2) A judge shall be faithful to the law and maintain
professional competence in it, A judge shall be uns-
‘wayed by partisan interests, public clamor, or fear of
criticism.

(2) A judge shall maintain order and decorum in
judicial proceedings.

(8) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whotn the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
rection and control.

(4) A judge shall perform judicial duties without
dias or prejudice. A judge shall not, in the perfor-
mance of judicial duties, by words or conduct manifest
bias or prejudice, and shall not permit staff, court
officials or others subject to the judge's direction and
control to do so.

() A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(©) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or

842

communications designed to influence his or her judi-
ial action in any case, either civil or criminal. A
judge may obtain the advice of a disinterested

‘on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond,
‘Where circumstances require, ex parte communica.
tions are authorized for scheduling, administrative
purposes or emergencies that. do not deal with sub.
stantive matters or issues on the merits, provided the
Judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any ease briefs, documents or written com-
munications intended or caléulated to influence his or
hher action unless the contents are promptly made
known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular’ member of the court to whom a case is
allotted or assigned for any purpose. Similar cireum-
spection should be exacted on the part of court offi
cers, clerks and secretaries.

(D A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) 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 out-
come or impair its fairness or bring the judiciary into
disrepute, and shall require similar abstention on the
part of court personnel subject to his or her direetion
and control. ‘This subsection does not prohibit judges
from making public statements in the course of their
official duties or from explaining for public informa-
tion the procedures of the court.

@) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom’ and areas immediately
adjacent thereto at least during sessions of court or
rrecesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographie means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(c) the photographic or elestronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

@ the means of recording will not distract
participants or impair the dignity of the proceed-
ings;

(ii) the parties have consented, and the consent
to being depicted or recorded has been obtained
from each witness appearing in the recording and
reproduction;

DEF00124


5468

Art. 14, § 11

ARTICLES OF INCORPORATION

i) Failure to timely file the annual report or pay
the annual fee will result in the suspension of the
right to act as a legal consultant until such time as
the report is filed and/or the fee is paid.

b. Such annual fee shall include annual dues as
determined in accordance with Article V of the Arti-
cles of Incorporation of the Louisiana State Bar Asso-
ciation and the disciplinary assessment fee as deter-
mined in accordance with Supreme Court Rule XIX.

7. Affiliation with the Louisiana State Bar As-
sociation; Business Associations.

a. Subject to the limitations set forth in subsection
4, every person licensed to practice as a legal consul-
tant shall be entitled and subject to:

@ the rights and obligations set forth in the
Rules of Professional Conduct or arising from the
other conditions and requirements that apply to a
regular member of the bar of this state under the
Rules of the Supreme Court of Louisiana; and,

Gi the rights and obligations of a regular mem-
ber of the bar of this state with respect to:

(aa) affiliation in the same law firm with one or

‘more members of the bar of this state, including

1. employing one or more members of the bar
of this state;

2, being employed by one or more members
of the bar of this state or by any partnership or
professional law corporation which includes mem-
bers of the bar of this state or which maintains an
office in this state; and

3. being a partner in any partnership, chare-
holder in any professional law corporation, or
member of a limited liability company which in-
cludes members of the bar of this state or which
maintains an office in this state; and

(bb) attorney-client privilege, work-product
privilege and similar professional privileges.

b. Notwithstanding paragraph a(i) of this subsec-
tion, a pereon licensed as a legal consultant is not
required to comply with the minimum requirements of
continuing legal education as mandated by Rule 1.1(b)
of Article XVI of these Articles of Incorporation.

8. Revocation of License.

In the event the Supreme Court determines that a
person licensed as a legal consultant no longer meets
the requirements for licensure, it shall revoke the
license granted to such person.

Adopted May 9, 1996, effective July 1, 1996.

Historical Notes

AA prior § 11 of Article 14 of the Articles of Incorporation of the
sna State Bar Ansocation was deleted

Section 11 Appendix. Licensing of Legal Consul-
tants in Foreign Law

‘An applicant who wishes to become licensed as a
consultant in foreign law, and who wishes to remain so
licensed, shall be required to submit proof of malprac-
tice insurance with # minimum coverage of $500,000
per claim, or other guarantee of financial responsibili-
ty in like amount and in a form acceptable to the
Clerk of this Court,

Adopted Bay 9, 1996, effective July 1, 1996

ARTICLE XV. DISCIPLINE AND
DISBARMENT OF MEMBERS
(REPEALED)

§§ 1 to 16. Vacated and repealed effective April 1,
1990

Publisher's Note: See now Supreme
Court Rule XIX.

ARTICLE XVI. RULES OF PROFESSIONAL CONDUCT

Reenacted January 20, 2004, effective March 1, 2004
Including Amendments Received Through May 15, 2008

Rule 10. Terminology

(@) “Belief” or “believes” denotes that. the person
involved actually supposed the fact in question to be
true. A person's belief may be inferred from cireum-
stances.

(&) “Confirmed in writing,” when used in reference
to the informed consent of a person, denotes informed
consent that is given in writing by the person or a
writing that a lawyer promptly transmits to the per-
son confirming an oral informed consent. See para-
graph (e) for the definition of “informed consent.” If
it is not feasible to obtain or transmit the writing at
the time the person gives informed consent, then the

930

lawyer must obtain or transmit it within a reasonable
time thereafter.

(©) “Firm” or “law firm” Yéfbtes a lawyer or law-
yers in a law partnership, professional corporation,
sole proprietorship or other association authorized to
practice law; or lawyers employed in a legal services
organization or the legal department of a corporation
or other organization.

(@) “Fraud” or “fraudulent” denotes conduct that is
fraudulent under the substantive or procedural law of
the applicable jurisdiction and has a purpose to de-
ceive.

DEF00218


5273

Canon 3

court, and should require similar abstention on the
part of court personnel subject to his direction and
control. This subsection 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,

(1) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photagraphs inthe eourtroom and areas immediate:
ly adjacent thereto at least during sessions of court,
or recesses between session:

A trial judge may authorize:

(2) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or
photographing of investitive or ceremonial pro-
ceedings;

(¢) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

() the means of recording will not distract
participants or impair the dignity of the pro-
ceedings;

(Gi) the parties have consented, and the con-
sent to being depicted or recorded has been
obtained from each witness appearing in the

fing and reproduction;
) the reproduction will not be exhibited un-
til after the proceeding has been concluded and
all direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only
for instructional purposes in educational institu-
tions.

‘An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
‘courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum
and prevent distractions, and (c) ensure the fair
administration of justice in the pending cause.

B. Administrative Responsibiliti

(1) A judge should diligently discharge his admin-
istrative responsibilities, maintain professional com-
petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials

(2) A judge should require his staff and court
officials ‘subject to his direction and control to ob-
serve the standards of fidelity and diligence that
apply to him.

(8) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for

CODE OF JUDICIAL CONDUCT

unprofessional conduet of which the judge may be-
come aware.

(4) A judge should not make unnecessary appoint-
ments. "All appointments should be made on an
impartial besis, with a view of selecting competent
persons of good moral character. He should avoid
appointments which tend to create suspicion of im-
propriety. He should not approve compensation of
appointees beyond the fir value of services ren
dered.

C. Recusation, The recusation of judges is gov-
emed by law.

Amended April 28, 1985,

APPENDIX TO CANON 3. GUIDELINES
FOR EXTENDED MEDIA COVERAGE
OF PROCEEDINGS IN APPELLATE
COURTROOMS

I. As used in these guidelines,

A. “Brtended coverage” means any recording
or broadcasting by the news media of court proceed-
ings using television, radio, photographic or record-
ing equipment.

B. “Presiding Judge” means the Chief Justice
of the Supreme Court of Louisiane, the Chief Judge
of a Court of Appeal, or the senior judge of a panel
of which the Chief Justice or Chief Judge is not a
member.

©. “Proceeding” means any hearing, motion, ar
gument on appeal or other matter held in open court
which the public is entitled to attend.

D. “Party” means a named litigant of record
who has appeared in the case, and includes a party's
counsel of record.

E. “Media” means legitimate news gathering
and reporting agencies and their representatives.

F. “Court” means an appellate court and in-
cludes the Supreme Court of Louisiana and the
Courts of Appeal of the several circuits.

Il. All extended media coverage of court pro-
ceedings shall be governed by the principle that the
decorum and dignity of the court, the courtroom
and the judicial process will be maintained at all
times. Resolution of any question of coverage or
procedure not specifically addressed in this section
will be guided by this overriding principle,

TIL, A. The consent or approval of parties to
extended coverage is not required. Parties may
object to extended coverage by filing a written
objection stating the reasons therefor with the clerk
of court at least 10 days prior to the date of the
proceedings. Upon objection by a party, or on the

DEF00023


5268

Canon 3

proceedings held in chambers. No parabolic mi-
‘erophones shall be used.
Added April 28, 1985,

CANON 4

A Judge May Engage in Activities to
Improve the Law, the Legal System,
and the Administration of Justice

A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not. cast
doubt on his capacity to decide impartially any issue
that may come before him

A. He may speak, write, lecture, teach, and par-
ticipate in other activities concerning the law, the
legal system, and the administration of justice.

B. He may appear at a public hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con-
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice.

C. He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice. He may
assist such an organization in raising funds and
may participate in their management and invest
ment, but should not personally participate in public
fund raising activities. He may make recommenda-
tions to the public and private fund-granting agen-
cies on projects and programs concerning the law,
the legal system, and the administration of justice.

CANON 5

‘A Judge Should Regulate His Extra-Judicial
Activities to Minimize the Risk of Conflict
with His Judicial Duties

A. Avocational Activities
A Judge may write, lecture, teach, and speak on
non/gal subjects, and engage in the arts, sport,
and other gocial and recreational activities’ if such
srovation activities do not detract from the dignity
ice or interfere with the performance of

fis ude duties
B. Civie and Charitable Activities

A judge may participate in civic and charitable
activities that do not reflect adversely upon his
impartiality or interfere with the performance of his
judicial duties. A judge may serve as an officer,
director, trustee, or nonlegal advisor of an edu-
cational, religious, charitable, fraternal, or civic or-

54

CODE OF JUDICIAL CONDUCT

ganization not conducted for the economic or polit
cal advantage of its members, subject to the follow-

g limitations:

(1) A judge should not serve if it is likely that the
organization will be engaged in proceedings that
would ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

2) A judge should not solicit funds for any edu-
cational, religious, charitable, fraternal, or civil or-
ganization, or use or permit the use of the prestige
of his office for that purpose, but he may be listed
as an officer, director, or trustee of such an orga-
nization, He should not be a fund raising speaker
‘or the guest of honor at an organization's fund
raising events, but he may attend such events.
C. Financial Activities

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perform-
ance of his judicial duties, exploit his judicial posi
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on which he serves.

{2 Subject tothe requirement of subsection (1),
judge may hold and manage investments, including
real estate, and engage in other remunerative acti
ty but should not serve as an officer, director,
Tanager, or employee of any bank, lending institu:
tion, homestead or savings and loan association,
insurance company, public utility, and other busi-
nesses affected with a public interest.

(8) A judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he can
do so without serious financial detriment, he should
divest himself of investments and other financial
interests that might require frequent recusation

(@) A judge or a member of his family residing in
his household should not accept any gifts or favors
which might reasonably appear as designed to af-
fect his judgment or influence his official conduet.

(6) Information acquired by a judge in his judicial
capacity should not be used or disclosed by him in
financial dealings or for any other purpose not
related to his judicial duties.

D. Arbitration

A judge should not act as an arbitrator or media-

tor.

E. Extrajudicial Appointments

A judge should not accept appointment to a
ernmental committee, commission, or other pos
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, however, may represent his country, state, or

DEF00018


5257

West’s
LOUISIANA
RULES OF COURT
1986

STATE and FEDERAL

Law UBRARY OF py

HSIA
With Amendments Received to FEB coop
December 27, 1985 wee 4B SE
|
The above symbol end WEST'S are registered trademarks of West Publishing Co.
Registered in U.S. Patent and Trademark office.
ST. PAUL, MINN.
WEST PUBLISHING CO.
DEF00007

PORT Exhibit 1001 (b)


5386

CODE OF JUDICIAL CONDUCT.

Canon 7

‘may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or civic organization not conducted for the eco-
nomic or political advantage of its members, subject to
the following limitations:

(1) A judge shall not serve if the judge knows, or
should Know, 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.

@) A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civic organization,
or use or permit the uso of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
However, it shall not be a violation of this Canon for a
judge to’ privately solicit funds for the judge's local
‘church from a local church member. A judge should
not be a fund raising speaker or the guest of honor at
an organization's fund raising events, but may attend
such events,

C. Financial Activities.

(1) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
Judicial duties, exploit the judge's judicial position, or
involve the judge in frequent. transactions with law-
yers or persons likely to come before the court on
which he or she serves.

@) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
Teal estate, and engage in other remunerative activity
Dut shall not serve as an officer, director, manager, ar
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with a
public interest.

(@) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as a judge
ean do 0 without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
recusation.

(4) Information acquired by @ judge in his or her
judicial capacity shall not be used or disclosed by the
judge in financial dealings or for any other purpose
not related to judicial duties,

D. Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

BE. Extra-Judicial Appointments, A judge shall
not accept appointment to a governmental committee,
commission, or other 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, however, may
8

represent his or her county, state, or locality on
ceremonial occasions or in connection with historical,
educational, and cultural activities.

‘Amended and effective June 3, 1999; amended July 3, 1996,
effective July 8, 1996,

CANON 6
A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted
Circumstances

‘A judge may receive compensation and expenses for
the quasi,judicial ond extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrietio

A. Compensation. Compensation for quasi-ju
cial activities shall not exceed a reasonable amount,
Compensation for extra-judicial activities shall not
exceed what a person who is not a judge would receive
for the same activity.

B. Expenses, Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
occasion, by his or her spouse. Any payment in
excess of such an amount is compensation.

C. Gifts. A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect the
judgment of the judge or influence the judge's official
conduct.

D. Annual Reports.

(1) A judge shall report annually all compensatic
and expenses received in connection with any quasi
Judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $250 and is
paid for by any individual, professional organization or
association, ineluding law-related groups, or any busi-
ness organization or association.

(2) The judge's report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 31st of each year, for
the preceding calendar year, and the report shall be
subject to publie inspection.’ In the report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasi-judicial activity
Amended and effective June 2, 1998; amended July 3, 1996,
effective July 8, 1996; amended Nov. 11, 1996, effective July
4, 1086.

CANON 7
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity
A. Political Conduct in General.

(1) A judge or judicial candidate shall not:

DEF00136


5364

CODE OF JUDICIAL CONDUCT

Adopted March 5, 1975
Effective January 1, 1976
Including Amendments Received Through

May 1, 15

Research Note

Use WESTLAW to find cases citing a rule, WESTLAW may also be used
to search for specific terms or to update a rule, see the LA-RULES
‘and LA-ORDERS Scope Screens for further information.

Amendments to these rules are published, as
received, in Southern Reporier 2d and

Louisiana Cases advance sheets.

Canon
CANON 1. A Judge Shall Uo the Inept and Tad
jendence of the Judiciary.

CANON 2 A Suge Shall Avoid Impcoprity and the Ap-
‘earance of Impropriety in All Activities.

CANON 3. A Judge Shall Perform the Duties of Office
Impartially and Diligent.

CANON 4. Quasi-Judicial Activities A Judge May Engage
in Quasi Judicial Activities to Improve the
Law, the Legal System, and the Administra-
tion of Justice.

CANONS. Extre-Judical Activites A Judge Shall Regu
late Extra-Judicial Activities to Minimize the
Risk of Confit With Judicial Duties,

CANON 6, A Judge, Stall Accept Compensation or, ft
for Quasi-Sudicial and Extra-Judicial Activi-
ties Only Under Restricted Circumstances.

CANON. A Jodge Or Jada] Candidate Shall Refrain

From Inappropriate Political Activity.
COMPLIANCE WITH THE CODE OF JUDICIAL CON.
COMMITTEE ON JUDICIAL ETHICS,

Adoption of Code

The following new Canons, effective Jonwary 1, 1976,

‘wore adopted by the Supreme Court of Louisiana

on March 5, 1975, to replace the Canons of Judi-
cial Bthice

‘adopted October 18, 1960.
IN 1

CANO!
A Judge Shall Uphold the Integrity and Indepen-

dence of the Judiciary

An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,

and shall personally observe, high standards of con-
duct so that the integrity and independence of the
judiciary may be preserved. ‘The provisions of this
Code are to be construed and applied to further that
objective. As a necessary corollary, the judge must
be protected in the exercise of judicial independence.
Amended and effective June 3, 1998; amended July 3, 1996,
effective July 8, 1996,

Commentary to Canon 1

‘The word “shall” is intended to impose binding
gblgains the wlan of which ean remalt in
disciplinary acti

‘When “shoud” io sed, the text intended to
‘instruct judges concerning appropriate judicial eon-
duet, The use of should is an acknowledgement
that the conduct regulated in these Canons may
‘impose in the judge more discretion, and/or may
involve the eonduct of others. Nonetheless, a dear
violation of any Canon in which should is used, a
lear abuse of discretion by the judge in conforming
his or her conduet to any such Canons, or a clear
abuse of discretion by the judge in regulati
conduct of those persons whose actions are subject
to the judge's direction and-comttol, may also result
‘in judicial discipline

CANON

A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All 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.

792

DEFO0114


5323

CODE OF JUDICIAL CONDUCT.

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court, shall select an Associate
Justice who shall serve for a term of two years;

(©) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(d) ‘The District Judges Association shall select one
member to serve on the Committee for two years;

(e) The Chairperson of the Conference of Court of
Appeal Judges, the President of the Distriet Judges
‘Association, the President of the City Judges Associa-

Laue of Cout Sat 1904-15

tion, the Judicial Administrator, and the President of
the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Seeretary of the
Committee. ‘The Committee shall make its own rules
and select members to serve in such other offices as it
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires,

Amended Oct. 31, 1975, effective Jan. 1, 1976; amended and
effective June 8, 1998.

DEF00073


5461

Canon 3

CODE OF JUDICIAL CONDUCT

gue for coverage of eid proceeding stray een
are

V. Extended coverage of court proceedings may be provided by
sey media aurea Fepresenatves, Pi video 7
thology, tnd edi rereduton ial ot be ted or comm
Ent or pollcal adrertiing pu ae of these materia

hi SePeegerdad san lata lnetrenes wih te dal

prs
Extended overage of invrtine or cereal proceedings st
Yavunce with tet, gales may be athraed by the cure
Vi Why exe verge pr al main repent
ie Saar ey he ake rn eee Whar
txtanded covrage ts be proved yore thn he retin
Fepresentave, the madiacolletvaly tov designate ane 1
SSIES Sordi oh ta mata ete wah
Seed coverage Ay ovig svageens anong te mea
‘ve by ln seine een ad
vane citained in tuse guides sal be te tole eapoma-
Eity‘ot the mia snd art be made i acrance of he ot
prowedings tbe covered Judge and our persone il not
stots ny dpate bs the apBopriate mata representa ot
upon ered fo cove carpeted rng
‘Stangenens cannot be mae ori here are onoted od
‘igre pig Hs soy dy ens cere Es

ME Ne more an eo portable sles caer xh oe
td by no more than ow Camera person ad pootoned ae nb.
izanlyas posible af cals approved by a curt, hl be
Ferma tobe phyaly i he cnrzoor. ‘nly veiesision ue
ett whieh des ot produ ght or drain send wl
ieotape Peco equipment wich ath compo:
vent part of teen camer dal whenever possible, be load
In anarea outside the c

BL No artifiial Ughting device of any kind shall be employed in
‘connestion with the tslevision camera. With the approral of the
cour, oceans and addon to‘ eshng curiam ghting
ray be made provided auch modifcations or ations are instal
land maintained without pubic expense. Multiple video/audio feeds
ray be permitied but must be provided by a videoadio distribu-
ton system, furnished by the media, lated outside the courtroom.

TX. A No more than one stil photographer, using not more than
‘ovo still cameras with not more than two lenses for each eamera
‘without flash or other artifical Tight, shall be permitted to be

physically in the courtroom. Suil eameras must not produce dis-

Ersting sound and should produce no grester sound than the Leica
1M Series Rangefinder camera. Motorized fm advance systems
vill not be permite.

3. The photographer tl be poston in sare designated by the
‘besiding judge and remain in that area except when the proceed=
Theis i teone Chenging of lanaes or fm Wil only be done
uring a recess.

X. Only one autio system for radio broadcast purposes will be
vermin the torts Auto pap soul Be mde owe
fisting audio systems in the cnurtoom whenever possible. If no
technically suitable audio system exists in the courtroom, micro-
hones andre wing shall pet ot mabe Sob
‘ive and located in places éesignated in presiding
fg" Maple radi feeds ruer than poling eye tay Be

permitted but must be provided by an audio disucbution system,
Provided by the matin, ata uti the courtoom.

xL
fists may bring bape recur
record proceedings so long ax they do not cause any,
Seunals soa tape recorders may ‘at any ghee the
dee poi of ne coutrum, bat mst Hep Chit ape
Tecorder ca their person at all times. Cha
dhe resent permitted ad should ony be ove daring

XL, Al eamer od andi equipment mst be in pon a leat 18
‘minutes before the start of the proceedings and can only be moved
fr removed after the proceedings are over of during @ reress.
‘Television eamera persong and stil photographers most remain in
herder fe and ave ot pared to move aon te
sourtivor ‘and radio broadcast. equipment,

in yeslon may not be moved during the procetngs- Move:

ment by television and stil photographers should be held to 2

910

ninimam and in no way should be distracting or call undue
stuardon tote operatars

XIIL_ Camera and auiio equipment authorized by these guidelines
hall oot be operated during a recess in x court. proceeding
Extend coverage in the juccal ave of «outhouse or othet
court fai i United to proseedngs In The courtroom in the
presence of the presiding ude.

XIV, The dignity and desarum of te court must be maintained st
allies during extended media exerage activities Com cus-
tome inluding appropiate Ure, must be followed.

XV. The confidentiality of the atovaey/cient relationship must. be
Protect. Therefore, there wil be no. audio recording, radio

ecsring, made oF broadeast of any eoference

‘etween storeys and thelr cent, between co-counsel of a cent,

between counsel and the presiding Judge when held atthe bench, or

af easing lsh No paras mirophones sal
ms

Added April 23, 1985. Amended and effective June 9, 1993

CANON 4
Quasi-Judicial Activities
‘A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the Legal System, and the
Administration of Justice

‘A judge, subject to the proper performance of judi-
cial uties, may engage in the following quasi-judi
activites, if in doing 90 the judge does not impair,
limit or restrict his or her eapacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

‘A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
egal system, and the administration of justice.

B, A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

C. 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
aystem, or the administration of justice. A judge shall
not personally solicit funds for such an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
‘Amended and effective June 3, 1998; amended July 8, 1986,
effective July 8, 1996.

CANON 5

Extra—Judicial Activit

A Judge Shall Regulate Extra-Judicial Activities to

Minimize the Risk of Conflict With Judicial Duties

A. Avocational Activities. A. judge may write,

lecture, teach, and speak on non-legal subjects, and

engage in the arts, sports, and other social and recre-

ational activities, if such avocational activities do not

detract from the dignity of judicial office or interfere
with the performance of judicial duties.

DEF00211



BO PELE

C. Fe,

’

buf Lit bah ee Co
D

5278

West’s

LOUISIANA
RULES OF COURT
1989

STATE

With Amendments Received Through
January 15, 1989

Tos shove symbol and WESTS ae rgieed cademerks of West Polishing Ca
Registered in US, Patent and Tesdemark office

MAR 26 1992

ST. PAUL, MiNN.
WEST PUBLISHING CO.

DEF00028
PORT Exhibit 1001 (e)


5397

CODE OF JUDICIAL CONDUCT

tivity. A judge shall not
it activity exeept on behalf
of meamures to improve the lew, the legal system of
the administration of justice, or as expressly autho-
Tized by law.
G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A suecess-
, Whether or not an incumbent, is subject
to judicia 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 Rule 82(a) and (b) of the Louisiana Rules of
Professional Conduct.

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
with the election or appointment authority, or autho-
rizes solicitation or acceptance of contributions or
support, whichever occurs first. The term “candi.
date” has the same meaning when applied to a judge
seeking election to judicial or non-judicial office.

1. Candidacy for Non-Sudicial Office. A judge
shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a judge
may continue to hold judicial office while being a
candidate for election to or serving as a delegate in a
state constitutions) convention, if the judge is other-
wise permitted by law to do so
Amended June 28, 1983; amended and effective June 3, 193;
amended July 8, 1996, effective July 8, 1996; amended and
effective July 1, 1997; amended May 28, 1998, effective July
1, 1998; amended March 13, 2002, effective April 15, 2002.

Court Commentary Regarding 2002
‘Amendment to Canon 7
‘The 2002 amendment to Canon TB(IXd) of the
Code of Judicial Conduct, concerning public com-
‘ments about pending or impending proceedings, is
not intended to apply to in-court comments by
lawyer candidates, or comments regarding a case or

A proceding thatthe lwyer candidate ls pariipat-

{ng in, or & proceeding in which an associate of the

Inwyer candidate is participating in, are governed

by Bale 26 ofthe Louisiane alee of Profesional
ond

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
ing judicial functions, ineluding an officer such as a
Judge ad hoe, judge pro tempore, referee, special
‘aster, court commissioner, judicially appointed hear-
‘ing officer, or magistrate, and anyone who is a justice

of the peace, is a judge for the purpose of this Code.
All judges shall comply with this Code,

‘A. Part-Time Judge. A part-time judge is a
Judge who serves on a continuing or periodic basis,
Dut 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.

A part-time judge:

(1) és exempt from Canons 5C(2), 6D, and 5B;

(2) shall not practice law in the court on which he
or she serves or in any court subject to the appellate
jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto,

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge, A judge ad hoe is person
who is appointed to act with regard to case
or cases.

(2) While acting as such, a judge pro tempore or ad
hoc is not required to comply with Canons 5C(@2),
5C(), BD, and 5E.

(2) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
{in which he or she has served as a judge or in any
other proceeding related thereto.

©. Retired Judge. A retired judge is not gov-
ered by the provisions of this Code, exeept when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C(2),
5D, and 6E.

Amended Oct. 29, 1982.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

COMMITTEE ON JUDICIAL ETHICS
To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. ‘The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
‘response to inguiries from any judge insofar as these
canons may affect the judge.
‘The Committee shall consist of eleven members, as
follows:
(a) ‘The Chief Justice and one other member of the
‘Supreme Court;
(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;
930

DEF00147


5264

West’s
LOUISIANA
RULES OF COURT
1987

STATE and FEDERAL

With Amendments Received to
December 30, 1986

The above symbol and WEST'S are registered trademarks of West Publishing Co.
Registered in US. Patent and ‘Trademark office

ST. PAUL, MINN.
WEST PUBLISHING CO.

DEF00014
PORT Exhibit 1001 (c)


5395

Canon 5

CODE OF JUDICIAL CONDUCT

refleet adversely upon his or her impartiality or inter-
fere with the performanee of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an eduestional, religious, ebanitable, frater-
nal, or civic organization not conducted for the eco-
nomic or politieal advantage of its members, subject to
the fllowing limitations:

(1) A judge shall not serve if the judge knows, or
should know, it is likely that the organization will be

engaged in proceedings that would ordinarily come

@) A judge shall not solicit funds for any edueation-
al, religious, charitable, fraternal, or eivie organization,
‘or use of permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization,
However, it shall not be a violation of this Canon for a
judge to’ privately solicit funds for the judge's local
chureh from a local church member. A judge should
not be a fund raising speaker or the guest of honor at
an organization's fund raising events, but may attend
such events.

C. Financial Activities.

(1) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's

impartiality, interfere with the proper performance of
Judicial duties, exploit the judge’s judicial position, or
involve the judge in frequent transactions with law-
yers or persons likely to come before the court on
hich he or she serves.

(2) Subject to the requirement of subsection (1), a
Judge may hold and manage investments, including
Treal estate, and engage in other remunerative activity
but shall not serve as an officer, director, manager, or
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with
public interest.

(@) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as a judge
ean do 0 without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
recusation.

(4) Information sequired by a judge in his or her
judicial capacity shall not be used or disclosed by the
judge in financial dealings or for any other purpose
not related to judicial duties.

D. Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. Extra-Judicial Appointments. A judge shall
not accept appointment to a governmental committee,
commission, or other position that is concerned with
issues of fact ar policy on matters other than the

improvement of the law, the legal system, or the
administration of justice. A judge, however, may
represent his or her county, state, or locality on
ceremonial occasions or in connection with historical,
edueational, and cultural activities,

Amended and effective June 3, 1993; amended July 3, 1996,
elective July 8 1996.

CANON 6
‘A Judge Shall Accept Compensation or Gifts for
‘Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted
Circumstances

A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:

‘A. Compensation. Compensation for quasi-judi-
cial activities shall not exceed a reasonable amount.
‘Compensation for extrajudicial activities shall not
exceed what a person who is not a judge would receive
tort the same activity.

Expenses, Expenses shall be limited to the
actial con of travel fod, and lodging reasonably
incurred by the judge red shere ‘appropriate to the
occasion, by his or her spouse. Any payment in
excess of such an amount is compensation,

C. Gifts. A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect the
Judgment ofthe judge or influence the judges ofl
conduct.

D. Annual Reports,

GQ) A judge shall report annually all compensation
and expenses received in connection with any quasi-
Judicial activity of the judge when the amount received

cial activity exeeeds $250 and is
‘dual, professional organization or
lated groups, or any busi-
ness organization or association.

(2) The judge's report shall be filed in the Office of
the Judicial Administrator of the Supreme Court of
Louisiana on or before January 31st of each year, for
the preceding calendar year, and the report. shall be
subject to public inspection. ‘Tithe report the judge
shall list the name of the payor/donor, the date, the
place and the nature of the quasisjudicial activity.
Amended and effective June 3, 1998; amended July 3, 1996,
effective July 8, 1996; amended Nov. 11, 1996, effective July
8, 1996.

CANON 7
A Judge Or Judicial Candidate Shall Refrain From
‘Inappropriate Political Activity
‘A. Political Conduct in General.

DEF00145


5438

RULES OF PROFESSIONAL CONDUCT.

Art. 16, Rule 6.1

(©) A lawyer shall not:

@) employ, contract with as a consultant, en-
gage as an independent contractor, or otherwise
join in any other capacity, in connection with the
‘practice of law, any person the attorney knows or
reasonably should know is a disbarred attorney,
during the period of disbarment, or any person
the attorney knows or reasonably should know is
an attorney who has permanently resigned from
‘the practice of law in lieu of discipline; or

(i) employ, contract with as a consultant, en-
gage as an independent contractor, or otherwise
join in any other capacity, in connection with the
Practice of law, any person the attorney knows or
reasonably should know is a suspended attorney,
uring the period of suspension, unless first pre-
ceded by the submission of a fully executed em-
ployment registration statement to the Office of
Disciplinary Counsel, on a registration form pro-
vided by the Louisiana Attorney Disciplinary
Board, and approved by the Louisiana Supreme
Court.

(@)(@) The registration form provided for in Section
(@)(1) shall include:

(® the identity and bar roll number of the
suspended attorney sought to be hired;

(i) the identity and bar roll number of the
attorney having direct supervisory responsibility
cover the suspended attorney throughout the dura-
tion of employment or association;

(Gi) a list of all duties and activities to be
assigned to the suspended attorney during the
pperiod of employment or association;

(iv) the terms of employment of the suspended
attorney, including method of compensation;

(®) a statement by the employing attorney that
includes a consent to random compliance audits,
to be conducted by the Office of Disciplinary
Counsel, at any time during the employment or
association of the suspended attorney; and

(vi a statement by the employing attorney cer-
tifying that the order giving rise to the suspen-
sion of the proposed employee has been provided
for review and consideration in advance of em-
ployment by the suepended attorney.

(0G) For purposes of this Rule, the practice of law
shall include the following activities:

@ holding oneself out as an attorney or lawyer
authorized to practice law;

(i) rendering legal consultation or advice to a
client;

(Gi) appearing on behalf of a client in any
hearing or proceeding, or before any judicia! offi-
cer, arbitrator, mediator, court, publie agency,
referee, magistrate, commissioner, hearing offi
cer, or governmental body operating in an adjudi-
‘ative capacity, including submission of pleadings,
except as may otherwise be permitted by law;

‘ing as a representative of the client
at a deposition or other diseovery matter;
(9) negotiating or transacting any matter for or
on behalf of a client with third parties;
(vi otherwise engaging in activities defined by
Jaw or Supreme Court decision as constituting the
practice of law.
(©(4) In addition, a suspended lawyer shall not
receive, dishurse or otherwise handle client funds.

(©(6) Upon termination of the suspended attorney,
the employing attorney having direct supervisory a
thority shall promptly serve upon the Office of Disci
plinary Counsel written notice of the termination.
‘Reenacted Jan, 20, 2004, effective March 1, 2004. Amended
and effective March 24, 2004; amended March 8, 2005,
effective Apri 1, 2005.

Historical Notes
Application of Order of March 24, 204, Part 2 of the Order of
1 Court, dated March 24,2004, amending Rule 6.5) (see Rule
HeXINAD in Order of March 8, 205), provides
“This rulo change shall be applicable to any lawyer who i allowed
to permanently resign from the practice of law in leu of disipine
Monahan ng, Bae fh ott ‘which becomes
final afer the effective date

Rule 5.6, Restrictions on Right to Practice

‘A lawyer shall not participate in offering or making:

(2) a partnership, shareholders, operating, employ-
ment, or other similar type of agreement that restricts
the rights of a lawyer to practice after termination of
the relationship, except an agreement concerning ben-
efits upon retirement; or

(b) an agreement in which a restriction on the
lawyer's right to practice is part of the settlement of a
client controversy.
Reenacted Jan. 20, 2004, effective March 1, 2004.

PUBLIC SERVICE

Rule 6.1. Voluntary Pro Bono Publico Service
Every lawyer should aspire to provide legal services
to those unable to pay. A lawyer should aspire to
render at least (60) hours of pro bono publico legal
services per year. In fulfilling this aspirational goal,
the lawyer should:
(a) provide a substantial majority of the (50) hours
of legal services without fee or expectation of fee to:
(2) pereons of limited means or
@) charitable, religious, civic, community, govern-
mental and educational ‘organizations in’ matters
that. are designed primarily to address the needs of
persons of limited means; and
(b) provide any additional services through:
(1) delivery of legal services at no fee or substan-
tially reduced fee to individuals, groups or organiza-
tions seeking to secure or protect civil rights, civil

1025

DEF00188


5283

CODE OF JUDICIAL CONDUCT

givest himself of investments and other fina
{nterests that might require frequent recusation.

(4) A judge or a member of his family residing in
it household should not accept any gifts or favors
Mich might reasonably appear as designed to af-
Just his judgment or influence his official conduct.

{@) Information acquired by a judge in his judicial
capacity should not be used or disclosed by’ him in
francial dealings or for any other purpose not
related to his judicial duties.

'D. Arbitration. A judge should not act as an
axbitrator or mediator.

B. Extrajudicial Appointments. A judge
should not accept appointment to a governmental
‘eommittee, commission, or other 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,
however, may represent his country, state, or locali-

‘on ceremonial oecasions or in connection with
historical, educational, and cultural activities.

CANON 6. A JUDGE SHOULD ACCEPT
COMPENSATION FOR QUASI-JUDI-
CIAL AND EXTRA-JUDICIAL ACTIVI-
TIES ONLY UNDER RESTRICTED
(CIRCUMSTANCES

[A judge may receive compensation and reimburse-
ment of expenses for the quasi-judicial and extra-ju-
ial activities permitted by this Code, if the source
‘of such payments does not give the appearance of
influencing the judge in his judicial duties or other-
wise give the appearance of impropriety, subject to
the following restrictions:

A, Compensation. Compensation should not ex-
ceed a reasonable amount nor should it exceed what
a person who is not a judge would receive for the
same activity.

B. Expense Reimbursement. Expense reim-
bursement should be limited to the actual cost of
travel, food, and lodging reasonably incurred by the
judge and, where appropriate to the oceasion, by his
‘Spouse. Any payment in excess of such an amount
is compensation.

CANON 7, A JUDGE SHOULD REFRAIN
FROM POLITICAL ACTIVITY INAP-
PROPRIATE TO HIS JUDICIAL OF-
FICE

A. Political Conduct in General.
(1) A judge or a candidate for election to judicial
office should not:

(aug of our Sate-2
ta Panpn

55

act as a leader or hold any office in a
political organization;

(b) make speeches for a political organization
or candidate or publicly endorse candidate for
public office;

(©) solicit funds for or pay an assessment or
‘make 2 contribution to a politieal organization or
candidate, attend political gatherings, or purchase
tickets for political party dinners, or other func-
tions, except as authorized in subsection A(2);
@) A judge holding an office filled by public

election between competing candidates, or a candi-
date for such office, may, only insofar as permitted
by law, attend political gatherings, speak to such
gatherings on his own behalf when he is a candidate
for election or re-election, identify himself as a
member of a political party, and contribute to a
political party or organization.

(3) A judge should resign his office when he
becomes @ candidate either in a party primary or in
a general election for a non-judicial office, except
that he may continue to hold his judicial office while
being & candidate for election to or serving as a
delegate in a state constitutional convention, if he is
otherwise permitted by law to do so.

(4) A judge should not engage in any other politi-
cal activity except on behalf of measures to improve
the law, the legal system, or the administration of
justice.

B. Campaign Conduct. 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 system elec-
tion:

(a) should maintain the dignity appropriate to ju-
dicial office, and should encourage members of his
family to adhere to the same standards of political
conduct that apply to hitn;

(b) should prohibit public officials or employees
subject to his direction or control from doing: for
him what he is prohibited from doing under this,
Canon; and he should not allow any other person to
do for him what he is prohibited from doing under
this Canon;

(©) should not make pledges or promises of con-
duct in office other than the faithful and impartial
performance of the duties of the office; announce
his views on disputed legal or political issues; or
misrepresent his identity, qualifications, present po-
sition, or other fact.

‘Amended June 28, 1983.

COMPLIANCE WITH THE CODE OF

JUDICIAL CONDUCT

Anyone, whether or not a lawyer, who is an
officer of a court of record performing judicial

DEF00033


5420

CODE OF JUDICIAL CONDUCT

Canon 8

B. A judge shall not allow family, social, political,
or other relationships to influence judicial conduct or
Judgment, A judge sball not lend the prestige of
judicial office to advance the private interest. 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. Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
judge's personal knowledge, serve asa reference or
Provide a letter of recommendation. Letters of ree-
ommendation may be written only on private station
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary proceeding,
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

C. A judge shall not hold membership in any
organization that. arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinetly private associa-
tion of persons whose membership limitations would
be entitled to constitutional protection.

Amended and effective June 3, 1983; amended July 3, 1996,
efttive ‘July 8, 1996; amended Jan. 13, 2006, effective Feb.

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perform-
ance of these uuties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
‘wayed by partisan interests, public clamor, or fear of
criticism,

@) A judge shall maintain order and decorum in
judicial proceedings.

@) A judge shall be patient, dignified, and courte-
‘ous to litiganta, jurors, witnesses, lawyers, and others
with whom the judge deals in an’official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's di-
rection and control.

@ A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perform-
ance of judicial duties, by words or conduct manifest

979

bias or prejudice, and shall not permit staff, court
officials or others subject to the judge's direction and
control to do so.

(© A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(6) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
ial action in any case, either civil or criminal. A
Judge may obtain the advice of a disinterested expert
‘on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
‘Where circumstances require, ex parte communica
tions are authorized for scheduling, administrative
purposes or emergencies that do not deal with sub-
stantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written com-
munications intended or calculated to influence his or
her action unless the contents are promptly made
‘Known to all parties. Judges of appellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular 'member of the court to whom a case is
allotted or assigned for any purpose. Similar cireum-
spection should be exacted on the part of court offi
cers, clerks and secretaries.

(D A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) A judge shall not, while a proceeding is pending
in any Louisiana state court, make any public com-
‘ment that might reasonably be expected to affect its
outeome or impair its fairness, and shall require simi-
lar abstention on the part of court. personnel subject
to his or her direction and control. This subsection
does not prohibit judges from making public state-
ments in the course of their official duties or from
explaining for public information the procedures of the
court,

(9) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadeasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

DEF00170



5440

RULES OF PROFESSIONAL CONDUCT.

Art. 16, Rule 73

(vit) Contains misleading fee information. Every
communication that contains information about the
lawyer's fee shall be subject to the following re-
quirements:

(A) Communications that state or indicate that
no fee will be charged in the absence of recovery
shall disclose that the client will be liable for
certain expenses in addition to the fee, if such is,
the ease.

(B) A lawyer who advertises a specific fee,
hourly rate or range of fees for a particular
service shall honor the advertised fee for at least,
ninety (90) days from the date it was last adver-
tised; provided that for advertisements in print,
media published annually, the advertised fee shall
bbe honored for a period not less than one year
following initial publication.

(b) In determining whether a communication vio-
lates this rule, the communication shall be considered
in its entirety including any qualifying statements or
disclaimers contained therein.

(© A lawyer shall not accept a referral from any
person, firm or entity whom the lawyer knows has
engaged in any communication or solicitation relating
to the referred matter that would violate these rules if
the communication or solicitation were made by the
lawyer.

‘Reenacted Jan, 20, 2004, effective Mareh 1, 2004.

Rule 7.2. Advertising
A lawyer shall not give anything of value to a
person for recommending the lawyer's services; pro-
vided, however, that
(a) a lawyer may pay the reasonable and customary
costs of an advertisement or communication not, in
violation of these rules, and
(b) a lawyer may pay usual, reasonable and custom-
ary charges of a lawyer referral service operated by
the Louisiana State Bar Association, any local bar
association, or any other not-for-profit organization,
provided the lawyer referral service:
(@ refers all persons who request legal services
to a participating lawyer;
Gi) prohibits lawyers from increasing their fee to
a client to compensate for the referral service
charges; and
ii) fairly and equitably distributes referral cases
among the participating lawyers, within their area
of practice, by random allotment or by rotation.
Reenacted Jan. 20, 204, effective March 1, 2004

‘See Rule 7.1 of the Rules of Professional Conduct for example of
ing communieation ina benkruptcy matter.

Rule 7.3. Direct Contact with Prospective Clients
(a) A lawyer shall not solicit professional employ-

iment in person, by person to person verbal telephone

contact or through others acting at his request or on

his behalf from a prospective client with whom the
lawyer has no family or prior professional relationship
‘when a significant motive for the lawyer's doing so is
the lawyer's pecuniary gain.

() In instances where there is no family or prior
professional relationship, a lawyer shall not initiate
any form of targeted solicitation, whether a written or
recorded communication, of a person or persons
Known to need legal services of a particular kind
provided by the lawyer in a particular matter for the
purpose of obtaining professional employment unless
such communication complies with the requirements
set forth below and is not otherwise in violation of
these rules:

() A copy or recording of each such communiea-
tion and a record of when and where it was used
shall be kept by the lawyer using such communica-
tion for three (8) years after its last dissemination.

Gi) Such communication shall state clearly the
name of at least one member in good standing of
the Association responsible for its content,

(ii) In the case of a written communication:

(A) such communication shall not resemble a
legal pleading, notice, contract or other legai doc-
ument and shall not be delivered via registered
mail, certified mail or other restricted form of
delivery;

(B) the top of each page of such communication
and the lower left corner of the face of the
envelope in which the communication is enclosed
shall be plainly marked “ADVERTISEMENT” in
print size at least as large as the largest print
used in the written communication, provided that
if the written communication is in the form of a
self-mailing brochure or pamphlet, the “ADVER-
TISEMENT” mark shall appear above the ad-
dress panel of the brochure or pamphlet; or in
the cage of an electronic mail communication, the
subject line of the communication states ‘that
“This is an advertisement for legal services”; and

(C) if the communication concerns an action for
personal injury or wrongful death or otherwise
relates to an accident or disaster involving the
person to whom the communication is addressed
or a relative of that person, such communication
shall not be initiated by the lawyer unless the
accident or disaster oc more than 30 days
prior to the mailing of the communication.

Gv) In the case of a recorded communication,
such communication shall be identified specifically
as an advertisement at the beginning of the record-
ing, at the end of the recording and on any envelope
in which it is transmitted in accordance with the
requirements of subparagraph (ii)(B) above.

() If the communication is prompted by a specif-
ie occurrence involving or affecting the intended
recipient of the communication or a family member
of the intended recipient, such communication shall

1027

DEF00190


5352

Westlaw.

LAST CIC Comm. on Jud. Ethics Page 1
Code of Jud.Conduct, Comm. on Jud. Ethios, 8 LSA-RS.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly interpreted, and in order to provide
a forum to receive inquiries from members of the judiciary related to the interpre~
tation of these canons, the Supreme Court Committee on Judicial Ethics is hereby
created. The function of this Committee shall be limited to the issuance of advi~
sory opinions on its own motion or in response to inguiries from any judge insofar
as these canons may affect the judge.

The Committee shali consist of nine members, as follows:

(a) The Chief Justice and one other member of the Supreme Court;

(b) The Chairperson of the Conference of Court of Appeal Judges and one other
Court of Appeal Judges

{c) The President of the District Judges Association and one other District Judge;
(d) The President of the City Judges Association;

(e) The Judicial Administrator; and

(£) The President of the Louisiana State Bar Association.

‘The members of said Committee shall be selected and appointed in the following
manner and for the terms indicated:

(a) The Chief Justice of the Supreme Court shall always be a member and shall be
chairperson during his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate Justice who shall serve for a term
of two years;

(c) The Conference of Court of Appeal Judges shall select one member to serve on
the Committee for two years;

(d) The District Judges Association shall select one member to serve on the Com-
mittee for two years;

(e) The Chairperson of the Conference of Court of Appeal Judges, the President of
the District Judges Association, the President of the City Judges Association, the
Judicial Administrator, and the President of the Louisiana State Bar Association
shall, ex officio, be members of the Committee and shall serve during their respec-
tive terms of office.

® 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00102


5394

CODE OF JUDICIAL CONDUCT.

Canon §

court facility is Umited to proceodings In the courtrvom in the
presence of the presiding judge.

XIV. The dignity and desorom of the court must be maintained at
ali times daring extended media coverage activites. Court eus-
‘ams, ineuding appropriate dese, must be followed.

oe the presiding judge may dexy extended coverage of

via "C No mae tan to portable television cameras, each oper-

ing equipment which 9

Sent part of eleven camer sal whenever poral, be cated

{in en area outside the courtroom.

1B. No artificial lighting device of any Kind shall be employed in
‘connection with the television camera. With the approval of the
court, modifications end sddtions to exiting courtroom lighting
ray be made such mdifeatioe or adden are instal

tion epee firished ty the med, located acai the emrtrocm

TX. A. No more than one still photographer, using act more than
‘wo stil cameras with not more than two lenses for each camera

{Eating sound and shld pods po gresar ound than the Leica
M Series Motarized flim advance systems
‘will not be penitted.

'B. The photographer shall be positioned ina plate designated by the
‘presiding judge and remain in that area except when the proceed
ing is rman Changing of lenses or fm wl only be done

turing a recess.

X_ Only one audio system for radio broadcast purposes
smitied

uo systems in the courtroom whenever paste. In

‘hones and related wiring sul be permited bat must be unobro-
‘sive and Jocated in places designated in advance by the presiding
Judge. Multple radio fends rather than a poling system may be
Permited but must be provided by an wud distbution system,
provided by the medi Laeatedeusie the eurtroam.

XL. When extended media erage is sthorzed, individual oural-
‘ists may bring tape recorders into the courtroom and use them to
record proceedings 80 lng a8 they do not cause ny dsirection
SJouralats using tape recorders may sit at any place in the
Iailenor portion of the courtroom, but must Keep Ui” ape
eeorder on Dir person ot all Une. Changing of tape castes
dlring proceeding snot perm and should only be done during

XIL,_Alleamers end audlo equipment must be in poston atleast 15,
‘minutes before the start of the proceedings and can only be moved
for removed after the proceedings are over or during 2 retess
‘Television camera persone snd si photgraphers must remain i
‘ely designated aren and are not puraied to move about the
courtroom. ‘Television cameras and radio broadcast. equipment,
‘es nen ym bemved dig te pst. oe

t by television and stil photographers should be held to a
Irinimums and in no” way sould be dsacting or eal undue
Beention to the operators.

XIIT, Camera and rutin equpront sutharsed by these guidlines
‘hall not be operated during a veces. in & curt. proceeding
Extended coverage in the jude area of a courthouse or ther

will be

ity of the storaeftent eaonhip mat be
recording nferenct
between attorneys and their clients, between co-counsel of a client
‘between counsel and the presiding judge when held atthe bench, or
of proceeding held in chamber. No parabolic miroptones sal

‘Added Apr 22,1985. Amended and effective June 3, 1980.

CANON 4
Quasi-Judicial Activities

A Judge May Engage in Quasi-Judicial Activities
to Improve the Law, the

Legal System, and the Administration of Justice

A judge, subject to the proper performance of judi
cial duties, ray engage inthe flloming qua judial
activities, if in doing 80 the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

A.A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the adminiatration of justice,

B, A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

C. 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 shall
not personally solieit funds for such an organization or
agency, or allow his or her name to be used in the
solicitation of funds. A judge may make recommen
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
Amended and effective June 8, 1993; amended July 3, 1996,
‘effective July 8, 1996,

CANON 5
Extra-Judicial Activiti
‘A Judge Shall Regulate Eras Activities to
Mi

the Risk of Conflict With Judicial Duties
A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.
Civic and Charitable Activities. A judge may
participate in civic and charitable activities that do not

DEF00144


5345

Westlaw.
LA ST CJC Canon 5 Page 1
Code of Jud Conduct, Canon 5, 8LSA-RS.

CANON 5
Extra-Judicial Activities
A Judge Shall Regulate Extra-Judicial Activities to Minimize
the Risk of Conflict With Judicial Duties

A. Avocational Activities. A judge may write, lecture, teach, and speak on non~
legal subjects, and engage in the arts, sports, and other social and recreational
activities, if such avocational activities do not detract from the dignity of judi-
cial office or interfere with the performance of judicial duties.

B. Civic and Charitable Activities. A judge may participate in civic and charita~
ble activities that do not reflect adversely upon his or her impartiality or inter~
fere with the performance of judicial duties. A judge may serve as an officer, di-
rector, trustee, or non-legal advisor of an educational, religious, charitable,
fraternal, or civic organization not conducted for the economic or political advan-
tage of its members, subject to the following limitations:

(1) A judge shall not serve if the judge knows, or should know, 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.

(2) A judge shall not solicit funds for any educational, religious, charitable,
fraternal, or civic organization, or use or permit the use of the prestige of judi-
cial office for that purpose, but the judge may be listed as an officer, director,
or trustee of such an organization. However, it shall not be a violation of this
Canon for a judge to privately solicit funds for the judge's local church from a
lecal church member. A judge should not be a fund raising speaker or the guest of
honor at an organization's fund raising events, but may attend such events.

c. Financial Activities.

(1) A judge shall refrain from financial and business dealings that tend to re~
flect adversely on the judge's impartiality, interfere with the proper performance
of judicial duties, exploit the judge's judicial position, or involve the judge in
frequent transactions with lawyers or persons likely to come before the court on
which he or she serves.

(2) Subject to the requirement of subsection (1), a judge may hold and manage in~
vestments, including real estate, and engage in other remunerative activity but
shall not serve as an officer, director, manager, or employee of any bank, lending
institution, homestead or savings and loan association, insurance company, public
utility, and other businesses affected with a public interest.

(3) A judge should manage investments and other financial interests to minimize

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEFO0095


5473

Canon 3

CODE OF JUDICIAL CONDUCT

F. “Court” means an appellate court and inchdes the Supreme
‘Court of Louisiana and the Courts of Appeal of the several circuits.

TL All extended media coverage of eourt proceedings shall be gov-
coed hy the pint hat the decorum and iy ofthe ear
the courtroom and the judicial procese will be maintained at al
times, Reston of ay question of coverage or procedure not
specifically addressed in this section will be guided by this over-
riding principe.

TIL A. The consent or approval of parties to extended coverage is
not required. Parties may object ta extended euverage by fling a
‘Writien objection stating the reasons therefor with the ceri of
count at least 10 days prior to the date of the proceedings. Upon
‘objection by « perty, or on the court's own motion, the presiding
Judge may prohibit or limit extended coverage of proceeding.

B. Extended coverage shall not be permitted in any proceeding
‘which by lw must or may be held in private.

©. he dain ofthe nresiing Judge on ay question of coverage
‘shall be final and skal not be subject to review by any other court

IW, Ereande ever of provnting shal stb permit unless
note of invention to provide extended coverage of a proceeding is
ier bythe ei toe clerk of curt a ln 2 ay in adrace
ff the proceeding, provided that only reasonable notice shall be
‘required for coverage of expedited proceedings not regularly ealen-
dared.

Y. Extended coverage of court proceedings may be provided by
‘news media agencies and their representatives. Film, videotape,
Photographs, and audio reproduction shall not be used for commer-
al of politcal advertising purposes. Such use of these materials
Srl bel regard as an aslewfal interference with the judca!
process,

Vi, Extended coverage of investtive or ceremonial protesdings at
variance with these guidelines may be authorizad by the court

VIL, When extended coverage is permitted, all medi representa-
tives shall have equally the right to provide coverage. When

‘overage is to be provided By more then one media
repvesentatve, the media collectively should designate one repre
‘sentative to coordinate with the court all matters dealing with
extended coverage. Any pooling arrangements aroog the media

equired by the limitations and) restrietions on equipment and
rmonnel contained in these guidelines shall be the sole respons

‘ty of the media and must be made in advance of the cout

proceedings to be covered. Judges and court personne! will not

‘diate any dispute a5 to the appropriate media representative or

pment tua to cove parce proseeding. If lng

arrangements cannot be made or if there are unresolved med

Glaputesr the presiding judge may deny extended coverage of

proceedings.

‘VILL. A. No more than to portable television eameras, exch oper
sated by n0 more than one camera person and positioned at unob-
truaively a3 possible at leations approved by the court shal be
Dead oe physical i the curroom, Only tlesion eaup
Iment which docs not prodnce Ught or distracting sound wil be
permitted. Videotape recording equipment which isnot a compo-
‘ent part of a television camera shal, whenever posibe, be located
{nan area outside the courtroom.

1B, No artifeial lighting device of any kind shall be employed in
connection wth te Win xmera, With the approval of te
‘court, modifications and adéltions to existing courtroom lighting
‘may be made provided such modifications or additions are installed
land maintained without public expense. Multiple video/audio feeds
‘may be permitted but must be provided by a video/aadio distribu-
‘on system, furnished by the media, located outside the courtroom.

TK. A. No more than one still photographer, using not more than
two still cammras with not more than two Tenses for each camera
without fash or other artificial light, shall be permite to be
physically in the courtroom. Still cameras must net produce dis-
{wating sound and should produce no greater sound than the Leica
1M Series Rangefinder camera. Motorized fim advance systems
‘ill not be permitted.

1B, The photographer shall be positioned ina place designated by the
presiding Juge and remain in that area except when the proceed-

ing i reess. Changing of lenes or fim will oly be done

Only ow ado ene for aio bonds purposes wi be
‘permitted in the ‘Audio pickup should be made fiom
{ating eae afte In the courte mbencver posble; ie

permitted but must be provided by an audio distribution aystem,
rovided by the medi, loeatad outside the courtroom.

XI, When extended media coverage is authorized, indvides!jourmal-
iste may bring tape recorders into the courtroom and use them to
record proceedings so long as they do nat eause any distraction,
Journalists using tape recorders may sit at any place in the
audience portion of the courtroom, but must keep their tape
recorder on their person at all times. Changing of tape cassettes
during proceedings is not permitted and should only be done daring

XIL._ All eamera and audio equipment must be in positon st last 16
‘minutes before the start of the proceedings and ean only be moved
A Tenoved afer de procedigs ae over of during 3 rece.

eamera persons and still photographers must remain in
‘Ga dealt ce and ue bt permed to move sit Ue
courtroom. Television cameras and radio brosdeast equipment,
‘once in position, may not be moved during the proceedings. Move.
‘ment by television and still photographers should be held to a
rmisimum and in no way should be distracting or all undue
attention to the operstors.

ZOU, Camas and eden aor by tee puns
shail not be operated during a recess ins court
Extended eovernge inthe jutcal ares ot courthouse or thee
court facility is limited ta proceedings in the courtroom in the
presence ofthe presiding judge.

XIV. ‘The dignty and decorum of the court must be maintained at
all times during extended media coverage activities. Court cut-
tome, ineluding appropriate dress, must be followed,

XV. The confidentiality of the attcrneyiclient relationship must be
Protected. ‘Therefore, there will be no audio recording, radio,
lelevsion, or taperecording, mace or broadcast of any conference
between attorneys and their clients, between eo-counsel af a lent,
between counsel snd the presiding judge when held atthe beneh, of
ef peceetngs helt n chambers. No prabtemirophones sha

‘Added April 23, 1985. Amended and effective June 3, 1993.

CANON 4
Quasi-Judicial Activities
A Judge May Engage in Quasi Judicial Activities
improve the Law,

Legal System, and the Administration of Justice

A judge, subject to the proper performance of judi

jal duties, may engage in the following quasi-judicial
activities, if in doing so the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

1006

DEF00223


5447

LOUISIANA
RULES OF CouRT

STATE

LAW LIBRARY
OF LOUISIANA

2007 JUN 2 5 2007

Inctupes Rutys ror Louisiana District Courts,
anD NUMBERING SYSTEMS FOR LOUISIANA FAMILY
‘np Domestic ReLations Courts aND JUVENILE COURTS

THOMSON

WEST

Mat #40519744

DEF00197
PORT Exhibit 1001 (w)


5265

CODE OF JUDICIAL CONDUCT
‘Adopted March 5, 1975
Effective January 1, 1976

Canon

1. A Judge Should Uphold the Integrity and Indepen-
dence of the Judiciary,

A Judge Should Avoid Tmpropriety
‘ance of Impropriety in All his Actviti

A Judge Should Perform the Duties of his Office
Impartially and Diligently.

|. A Judge May Engage in Activities to Improve the
Law, the Legal System, and the Administration of

Tastice.
5, A Judge Should Regulate his ExtraJudicial Activities,
to Minimize the Risk of Conflict with his Judicial

the Appear.

Duties.
6. A Judge Should Accept Compensation for QuasiJudi-
ial and ExtraJudicial Activities Only under Re-
stricted Circumstanees
7. A Judge Should Refrain from Political Activity Inap-
propriate to his Judicial Office.
Compliance with the Code of Judicial Conduct.
Committee on Judicial Ethics.

CANON 1

A Judge Should Uphold the Integrity and
Independence of the Judiciary

‘An independent and honorable ju is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enfore-
ing, and should himself observe, high standards of
conduct so that the integrity and independence of
the judiciary may be preserved. The provisions of
this Code should be construed and applied to further
that objective. As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence.

CANON 2

A Judge Should Avoid Impropriety and the
Appearance of Impropriety in All
His Activities

A. A judge should respect and comply with the
Jaw and should conduct himself at all times in a
manner that promotes public confidence in the in-
‘tegrity and impartiality of the judiciary.

B. A judge should not allow his family, social, or
other relationships to influence his judicial conduct
or judgment. He should not lend the prestige of his,
office to advance the private interest of others; nor

should he convey or permit others to convey the
impression that they are in a special position to
influence him, He should not testify voluntarily as
a character witness.

CANON 3

‘A Judge Should Perform the Duties of His
Office Impartially and Diligently

The judicial duties of a judge take precedence
over all his other activities. His judicial duties
include all the duties of his office preseribed by law.
In the performance of these duties, the following
standards apply:

A. Adjudicative Responsibilities

(1) A judge should be faithful to the law and
maintain professional competence in it. He should
be unswayed by partisan interests, public clamor, or
fear of criticism.

(2) A judge should maintain order and decorum in
proceedings before him.

(8) A judge should be patient, dignified, and cour.
teous to litigants, jurors, witnesses, lawyers, and
others with whom he deals in his official capacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and others subject to his
direction and control.

(4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu-
ments or communications designed to influence his
judicial action in any case, either civil or criminal,
‘A judge should not accept in any case briefs, doc-
uments or written communications intended or cal-
culated to influence his action unless the contents
are promptly made known to all parties. Judges of
appellate courts should also avoid all actions or
language which might indicate to counsel, litigants
or any member of the public, the particular member
of the court to whom a case is allotted or assigned
for any purpose. Similar circumspection should be
exacted on the part of court officers, clerks and
secretaries.

(8) A judge should dispose promptly of the busi-
ness of the court.

(6) A judge should abstain from public comments
about a pending or impending proceeding in any
court, and should require similar abstention on the

DEF00015


5351

LA ST CIC Compliance Page 5
Code of Jud. Conduct, Compliance, 8 LSA-R-S.

to act with regard to a specific case or cases.

(1) While acting as such, a judge pro tempore or ad hoc is not required to comply
with Canons 5C(2), 5C(3), 5D, and SE.

(2) A person who has been a judge ad hoc or judge pro tempore shall not act as a
lawyer in a proceeding in which he or she has served as a judge or in any other
proceeding related thereto.

c. Retired Judge. A retired judge is not governed by the provisions of this Code,
except when sitting by assignment, and then the judge shall be subject to the rules
applicable to judges pro tempore and ad hoc.

D. Judicially Appointed Hearing Officers. Judicially appointed hearing officers
are required to comply With all canons of the Code except Canons 5C(2), 5D, and 5E.

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEFO0101


5441

Art. 16, Rule 73

STATE BAR ASSOCIATION

disclose how the lawyer obtained the information
prompting the communication,

(©) Notwithstanding anything herein to the con-
trary, a lawyer shall not solicit professional employ-
ment from a prospective client through any means,
even when not otherwise prohibited by these rules, if

() the prospective client has made known to the
lawyer a desire not to be solicited; or
Gi the solicitation involves coercion, duress,
harassment, frand, overreaching, intimidation or un-
due influence.
Reenacted Jan. 20, 2004, effective March 1, 2004.

Rule 74. Communication of Fields of Practice

A lever shall wok eta or imply thatthe layer is
certified, or is a specialist or an expert, in a particular
area of law, unless such certification, specialization or
expertise has been recognized or approved in accor-
dance with the rules and procedures established by
the Louisiana Board of Legal Specialization.

Reenacted Jan. 20, 2004, effective March 1, 2004.

Rule 7.5, Firm Names and Letterheads

(a) A lawyer shall not use a firm name, logo, letter-
head, professional designation, trade name or trade-
mark that violates the provisions of these rules. A

firm shall not practice under a trade
plies a connection with a government
agency, public or charitable services organization or
other professional association. A lawyer shall not use
a trade or fictitious name unless the name is the law
firm name that also appears on the lawyer's letter-
hhead, business cards, office signs and fee contracts
and appears with the lawyer’s signature on pleadings
and other legal documents,

(0) A law firm with offices in more than one juris-
diction may use the same name in each jurisdiction,
but the identification of the lawyers in an office of the
firm shall indicate the jurisdictional limitations on
those not licensed to practice in any jurisdiction where
an office is located.

(©) The name of a lawyer holding a public office or
formerly associated with a firm shall not be used in
the name of a law firm, on its letterhead, or in any
communication on its behalf during any substantial
period in which the lawyer is not actively and regular-
ly practicing with the firm.

(@) Lawyers may state or imply that they practice
{in a partnership or other organization only when that
is the fact.

(@) If otherwise lawful, a firm may use as, or contin-
ue to include in, its name, the name or names of one
or more deceased or retired members of the firm, or
of a predecessor firm in a continuing line of succes-
sion.

Reonacted Jan, 20, 2004, effective March 1, 2004.

MAINTAINING INTEGRITY
OF THE PROFESSION

Rule 81. Bar Admission and Disciplinary Matters

An applicant for admission to the bar, or a lawyer in
connection with a bar admission application or in
connection with a disciplinary matter, shall not:

(a) Knowingly make a false statement of material

(b) Fail to disclose a fact necessary to correct a
misapprehension known by the person to have arisen
in the matter, or knowingly fail to respond to a lawful
demand for information from an admissions or disci-
plinary authority, except that this rule does not re-
quire disclosure of information otherwise protected by
Rule 16; or

(c) Fail to cooperate with the Office of Disciplinary
Counsel in its investigation of any matter before it
except for an openly expressed claim of a constitution-
al privilege.

‘Reenacted Jan. 20, 2004, effective March 1, 2004.

Rule 82. Judicial and Legal officials

(a) A lawyer shall not make a statement that the
lawyer knows to be false or with reckless disregard as
to its truth or falsity concerning the qualifications or
integrity of a judge, adjudicatory officer or public
legal officer, or of a candidate for election or appoint-
ment to judicial or legal office.

(b) A lawyer who is a candidate for judicial office
shall comply with the applicable provisions of the
Code of Judicial Conduct.

Reenacted Jan, 20, 2004, effective March 1, 2004.

Rule 8.3. Reporting Professional Misconduct

(@) A lawyer who knows that another lawyer has
committed a violation of the Rules of Professional
Conduct that raises a question as to the lawyer's
honesty, trustworthiness or fitness as a lawyer in
other respects, shall inform the Office of Disciplinary
Counsel.

(b) A lawyer who knows that a judge has commit-
ted a Violation of the applicable rules of judicial con-
duct that raises a question as.to.the judge’s honesty,
trustworthiness or fitness for office shall inform the
Judiciary Commission. Complaints concerning the
conduct of federal judges shall be filed with the appro-
priate federal authorities in accordance with federal
Jaws and rules governing federal judicial conduct and
disability.

(©) This rule does not require the disclosure of
information otherwise protected by Rule 1.6 or infor-
mation gained by a lawyer or judge while participating
in an approved lawyers assistance program or while

1028

DEF00191


5356

CODE OF JUDICIAL CONDUCT

Canon 3

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, Al-
though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
judge's personal knowledge, serve as a reference or
provide a letter of recommendation. Letters of ree-
ommendation may be written only on private station-
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title. A judge shall not initiate the communication of
information in any court or disciplinary
but may provide such information for the record in
response to a formal request by a court or disciplinary
agency official

©. A jndge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinctly private associa
tion of persons whose membership limitations would
be entitled to constitutional protection.
Amended and effective June 3, 1993; amended July 8, 1996,
effective July 8, 1996.

CANON 3
‘A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perfor-
mance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
wayed by partisan interests, public clamor, or fear of
criticism.

2) A judge shall maintain order and decorum in
judicial proceedings.

(@) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court: officials, and others subject to the judge's di-
rection and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perfor-
‘manee of judicial duties, by words or conduct manifest
bias or prejudice, and shall not permit staff, court
officials or others subject to the judge's direction and
control to do so.

) A judge shall require lawyers in. proceedings
before the judge to refrain from manifesting, by words

145

or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(©) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any case, either civil or criminal. A
judge may obtain the adviee of a disinterested expert
on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
‘Where circumstances require, ex parte communica-
tions are authorized for scheduling, administrative
purposes or emergencies that do not deal with sub-
stantive matters or issues on the merits, provided the
Judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shall not knowingly
accept in any case briefs, documents or written cori-
munications intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of appellate courts shal]
also avoid all actions or language which might indicate
to counsel, litigants or any member of the public, the
particular’ member of the court to whom a case is
allotted or assigned for any purpose. Similar cireum-
spection should be exacted on the part of court offi-
cers, clerks and secretaries,

(1) A judge shall dispose of all judicial matters
promptly, efficiently and fairly.

(8) 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 out-
come or impair its fairness or bring the judiciary into
disrepute, and shail require similar abstention on the
part of court personnel subject to his or her direction
and control. This subsection does not prohibit judges
from making public statements in the course of their
official duties or from explaining for public informa-
tion the procedures of the court.

(@) Except as herein provided a judge should pro-
hibit broadcasting, televising, recording, or
photographs in the courtroom and areas immediately
adjacent thereto at least during sessions of court or
recesses between sessions.

A trial judge may authori

(@) the use of electronic or photographic means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or pho-
tographing of investitive or ceremonial proceedings;

(©) the photographie or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

DEF00106


5477

Canon 6

CODE OF JUDICIAL CONDUCT

“WHEREAS, euch Code of Judicial Conduct is binding on all
utges, and. violations of its canons can serve as the basis for
Aiseiplinary action; and
“WHEREAS, the supreme court hes stated that the primary
prpose ofthe Code of Judicial Conduct isto protect the public rather
thant dine jugs nv Shea, 18 SoZ 81,816 (La: BD,
Bnd that the day ofthe npr eure Bursat to ts consid
responsibility is to preserve the intemity ofthe bench for the benefit
bet yg a wn dn th ic be ad ere
nisters of justice do ot engage in public conduct which brings the
et lie into depute’ Uv Hela, 656 Sob 22 288 La,

HEREAS, ude arent present iced wit the atl
ry requirements of the Code of Governmental Ethies and Le. RS.
42-1107 presently states, “All judges, as defined by the Code of
Judicial Conduct, shall be governed exclusively by the provisions of
the Code of Judicial Conduct, which shall be administered by the
Sudiciry Commission provided for in Article V, Section 25 of the
CConstiution of Louisitna’s and

“WHEREAS, Canon. 6 of the Code of Judiciat Conduct requires
Judges to Mle with the supreme court certain annual reports and
Aigelosure statements concerning compensation and expenses reseived
‘nconnecton with any quas! judicial activity, and

Driste political activity, and further sets forth certain duties and
prohibitors for judges as to political conduct and activity, campaign
Conduct, campaign commities, and retention of campaign contsbu-
tions: and.

“WHEREAS, it would greatly beneft the public interest for the
Cove of Judicial Conduct to include Financial dislosure standarls and
requirements for judges that are consistent with requirements for
other elected officials set forth in the Code of Governmental Ethles:
and

“WHEREAS, such consisteney would strengthen the Code of Judi-
tial Conduct and result in signifeant requirements to ensure
protection af the public and integrity of the judiciary in Louisiana

“THEREFORE, BE IT RESOLVED that the Senate ofthe Legis-
lative of Louisiana does hereby urge and request the Louisiana
Supreme Court to adopt the same financial digelcure standards for
Judge Gat ae get to ober elated fats In the Ce ok
Goveramental Ethie.”

CANON 7
‘A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity

‘A. Political Conduct in General.
(1) A judge or judicial candidate shall not:

() act as a leader or hold any office in a political
organization;

(b) publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of a political organi-
zation or a candidate for public office;

(a) except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
2 contribution to a political organization or eandi-
date or purchase tickets for political party dinners
or other eampaign functions.

B. Campaign Conduct.
(1) A judge or judicial candidate:

(a) shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent, with the
impartiality, integvity and independence of the judi-
ciary, and should encourage the 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 should
discourage other employees and officials subject to
the candidate's direction and control from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
cons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is
prohibited from doing under this Canon;

(2) shall not:

G with respect to cases, controversies, or is-
sues 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 the office;

(ii) knowingly make, or cause to be made, a
false statement concerning the identity, qualifica-
tions, present position or other fact concerning
the candidate or an opponent; or

(Gi) while a proceeding is pending in any Loui-
siana state court, make any publie comment that
might reasonably be expected to affect its out-
come or impair its fairness.

() may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(X¢.
©. A Judge or a Judicial Candidate May:

(2) At any time

(a) attend political gatherings;

(b) identify himself or herself as a member of a
political party;

(2) During his or her candidacy

(a) speak to gatherings on his or her own behalf;

(b) appear in newspaper, television or other m
dia advertisements supporting his or her candida

(©) distribute pamphlets or other promotional
campaign literature supporting his or her eandida-
Y

(@) contribute to a political organization ancVor be
included on a political ticket or endorsement.

D. Campaign Committees

(1) A jndge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
stated support.

(2) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, candidate forums and other means not pro-
hibited by law. Such committees may solicit and
aecept campaign contributions, manage the expendi-

1010

DEF00227


5455

CODE OF JUDICIAL CONDUCT

Canon 7

ing in, or a proceeding in which an associste of the

lawyer candidate is participating in, are governed

by Rule 26 of the Louisiana Rules of Profesional
fondue,

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform
‘ing judicial fonctions, including an officer such as a
Judge ad hoe, judge pro tempore, referee, special
master, court commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose of this Code.
All judges shall comply with this Code.

A. Part-Time Judge, A parttime judge is
judge 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.

A part-time judge:

(Q) is exempt from Canons 5C(2), 6D, and 5E;

) shall not practice law in the court on which he
or she serves or in any court subject to the appellate
jurisdiction of the court. on which he or she serves, or
act as a lawyer in & proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B. Pro Tempore and Ad Hoe Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoe is a person
who is appointed to set with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hoc is not required to comply with Canons 5C(2),
5C(3), 5D, and 5E.

(2) A person who has been a judge ad hoc or judge
pro tempore shall not act as a lawyer in a proceeding:
in which he or she has served as a judge or in any
other proceeding related thereto.

C. Retired Judge. A retired judge is not gov-
erned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C@®),
5D, and SE.

‘Amended Oct, 28, 1982; Amended and effective June 3, 1993;
‘amended July 3, 1996, effective July 8, 1996,

COMMITTEE ON JUDICIAL ETHICS
To the end that these canons may be properly
interpreted, and in order to provide a forum to receive

inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(©) The President of the District, Judges Associa-
tion and two other District Judges;

(@) ‘The President of the City Judges Association;

(©) One juvenile or family court judge;

(© The Judicial Administrator; and

(g) The President of the Louisiana State Bar Asso-
ciation.

The members of said Committce shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court, shail
always be a member and shall be chairperson during
his or her term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(©) The Supreme Court shall select one district
court judge and one juvenile or family court judge
who shall serve for terins of two years;

(d) The Conference of Court of Appeal Judges shall
select one member to serve on the Committee for two
years;

(e) The District Judges Association shall select. one
member to serve on the Committee for two years;

(©) The Chairperson of the Conference of Court of
Appeal Judges, the President of the Distriet Judges
Association, the President of the City Judges Associa-
tion, the Judicial Administrator, and the President of
‘the Louisiana State Bar Association shall, ex officio,
be members of the Committee and shall serve during
their respective terms of office.

‘The Judicial Administrator shall be Secretary of the
Committee. The Committee shall make its own rules
and select members to serve in such other offices as it
creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.

Amended Oct. 31, 1975, effective Jan, 1, 1976; Amended and
effective June 3, 1993; amended July 3, 1996, effective July
8, 1996; amended May 28, 1998, effective July 1, 1998.

1011

DEF00205


5446

RULES OF PROFESSIONAL CONDUCT Art. 16, Rule 1.8

the time of execution of any settlement
documents, approval of any disburse-
ment sheet as provided for in Rule 1.5,
or upon submission of a bill for the
lawyer's services.

(vii) For purposes of Rule 1.8(e), the
term “financial institution” shall in-
clude a federally insured financial insti-
tution and any of its affiliates, bank,
savings and loan, credit union, savings
bank, Joan or finance company, thrift,
and any other business or person that,
for a commercial purpose, loans or ad-
vances money to attorneys and/or the
clients of attorneys for court: costs, liti-
gation expenses, or for necessitous cir-
cumstances.

( A lawyer shall not accept compensa-
tion for representing a client from one oth-
er than the client unless:

(1) the client gives informed consent,
or the compensation is provided by con-
tract with a third person such as an
insurance contract or a prepaid legal ser-
vice plan;

(2) there is no interference with the
lawyer’s independence or professional
judgment or with the client-lawyer rela-
tionship; and

(3) information relating to representa-
tion of a client is protected as required
by Rule 16.

@ A lawyer who represents two or more
clients shall not participate in making an
aggregate settlement of the claims of or
against the clients, or in a criminal ease an
aggregated agreement as to guilty or nolo
contendere pleas, unless each client gives
informed consent, in a writing signed by
the client, or a court approves a settlement
in a certified class action. The lawyer's
disclosure shall include the existence and
nature of all the claims or pleas involved
and of the participation of each person in
the settlement. :

(b) A lawyer shall not:

(1) make an agreement prospectively
limiting the lawyer's liability to a client
for malpractice unless the client is inde-
pendently represented in making the
agreement; or

(2) settle a claim or potential claim for
such liability with an unrepresented
client or former client unless that person
is advised in writing of the desirability of
seeking and is given a reasonable oppor-
tunity to seek the advice of independent
legal counsel in connection therewith.

(@ A lawyer shall not acquire a proprie-
tary interest in the cause of action or sub-
ject matter of litigation the lawyer is con-
ducting for a client, except that the lawyer
may:

(2) acquire a lien authorized by law to
secure the lawyer's fee or expenses; and

(2) contract with a client for a reason-
able contingent fee in a civil case.

(@) (Reserved). ;

(oA lawyer shall not solicit or obtain a
power of attorney or mandate from a client
which would authorize the attorney, without
first obtaining the client’s informed consent
to settle, to enter into a binding settlement
agreement on the client's behalf or to exe-
cute on behalf of the client any settlement
or release documents. An attorney may
obtain a client’s authorization to endorse
and negotiate an instrument given in settle-
ment of the client's claim, but only after the
client bas approved the settlement.

()) While lawyers are associated in a
firm, a prohibition in the foregoing para-
graphs (a) through (k) that applies to any
one of them shall apply to all of them.
Reenacted Jan. 20, 2004, effective March 1, 2004.
Amended Jan. 4, 2006, effective April 1, 2006;
amended and effective May 19, 2006.

Historical Notes
Part IV of the Supreme Court order of January 4,
2006, repealing and reenacting par. (e) of this Rule,
provides:
“PART IV. These rule changes shall become effec-
tive on April 1, 2006, and shall apply prospectively only.”

279

DEF00196


5372

LAW LIBRARY OF LOUISIANA
"" LouIsIANA

RULES OF CouRT

LAW LIBRARY

OF LOUISIANA

STATE |
| JUL 05 2000

———
ee

2000

INCLUDING AMENDMENTS RECEIVED
THROUGH May 1, 2000

a
<p VEST crower
" DEF00122
PORT Exhibit 1001 (p)


5319

CODE OF JUDICIAL CONDUCT

Canon 3 App.

pricty. A judge should not approve the compensation
of appointees beyond the fair value of services ren-
dered. A judge should avoid nepotism. No spouse or
member of the immediate family of a judge shall be
employed in the court to which that judge was elected,
“Immediate family” means a judge's children, parents,
brothers and sisters; the children and parents of a
Judge's spouse; and the spouses of a judge's children.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990, or any employee of a court who becomes a
member of a judge's immediate family subsequent to
employment; ‘nor shall such provisions be construed
to hinder, alter, or in any way affect promotional
advancements for any such employee. ‘The provisions
of this Subsection pertaining to nepotism shall not
apply to mayors or justices of the peace.

C. Recusation. ‘The recusation of judges is gov-
emed by lave.
Amended April 2
tive Jane 3, 1988.

1985; Dee. 3, 1990; amended and effec-

APPENDIX TO Canon 3
Gutpeuines For Exrenvsp Mepia
CovERAGE OF PROCEEDINGS IN
APPELLATE CouRTROOMS

I. As used in these guidelines,

A. “Extended coverage” means any recording or
broadcasting by the news media of court proceedings
using television, radio, photographie or recording
equipment,

B. “Presiding Judge” means the Chief Justice of
the Supreme Court of Louisiana, the Chief Judge of a
Court of Appeal, or the senior judge of a panel of
which the Chief Justice or Chief Judge is not a
member.

©. “Proceeding” means any hearing, motion, argu-
ment on appeal or other matter held in open court
which the public is entitled to attend.

D. “Party” means a named litigant of record who
has appeared in the case, and includes a party's
counsel of record,

E. “Media” means legitimate news gathering and
reporting agencies and their representatives.

F._ “Court” means an appellate court and includes
the Supreme Court of Louisiana and the Courts of
Appeal of the several cireuits.

Tl, All extended media coverage of court proceed-
{ngs shall be governed by the principle that the deco
ram and dignity of the court, the courtroom and the
judicial process will be maintained at all times. Reso-
lution of any question of coverage or procedure not

691

specifically addressed in this section will be guided by
this overriding principle.

TH, A. The consent or approval of parties to
extended coverage is not required. Parties may ob-
Ject to extended coverage by filing a written objection
stating the reasons therefor with the clerk of court. at
Teast 10 days prior to the date of the proceedings.
Upon objection by a party, or on the court's own
motion, the presiding judge may prohibit or limit
extended coverage of a proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by law must or may be held in
private,

C. ‘The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court,

TV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of a proceeding is given by the
media to the clerk of court at least 20 days in advance
of the proceeding, provided that only reasonable no-
tice shall be required for coverage of expedited pro-
ceedings not regularly calendared.

Y. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives, Film, videotape, photographs, and audio
reproduction shall not be used for commercial or
political advertising purposes. Such use of these ma-
terials will be regarded as an unlawful interference
with the judicial process

VL Extended coverage of investitive or ceremonial
proceedings at variance with these guidelines may be
authorized by the court.

VIL When extended coverage is permitted, all
media representatives shall have equally the right to
provide coverage. When extended coverage is to be
provided by more than one media representative, the
media collectively should designate one representative
to coordinate with the court all matters dealing with
extended coverage. Any pooling arrangements
among the media required by the limitations and
restrictions on equipment and personnel contained in
these guidelines shall be the sole responsibility of the
media and must be made in advance of the court
proceedings to be covered. Judges and court person-
nel will not mediate any dispute as to the appropriate
‘media representative or equipment authorized to cov-
er a particular proceeding. If pooling arrangements
cannot be made or if there are unresolved media
disputes, the presiding judge may deny extended cov-
erage of proceedings.

VIL A. No more than two portable television
cameras, each operated by no more than one camera
person and positioned as unobtrusively as possible at
locations approved by the court, shall be permitted to
be physically in the courtroom. "Only television equip-
ment which does not produce light or distracting
sound will be permitted. Videotape recording equip-

DEF00069


5325

CODE OF JUDICIAL CONDUCT

Effective January 1, 1976

Including Amendments Received Through
March 1, 1995

Research Note

Use WESTLAW ® to find cases citing a rule, WESTLAW may also be used to
search for specific terms or to update a rule; see the LA-RULES and LA-ORDERS

Scope Screens for further information,

Amendments to the Code of Judicial Conduct are published, a3 received, in
Southern Reparter 24 and Louisiana Cases advance sheets.

Table of Canons

DR ge Should Uphold the Integrity and Independence

ea net tmcpen nt oe aero
Tee A ee opty
yt ee

and Diligently. ver
AS ix to Pe te eee nde ‘Media
a Sets feo Mala
‘May Engage in Activities to Improve the Law,
gal System, and the Administration of Justice

CANON 1
A Judge Should Uphold the Integrity
and Independence of the Judiciary

‘An independent and honorable judiciary is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enforcing,
and should personally observe, high standards of con-
duct so that the integrity and independence of the
Judieiary may be preserved. The provisions of this
‘Code should be construed and applied to further that
objective. As a necessary corollary, the judge must
be protected in the exervise of judicial independence.

‘Amended and effective June 8, 1998.

699

Canon

5. A Judge Should Regulate Extra-Judicil Activities to
Minimize the Risk of Conflict With Judicial Dut

6. A Judge Should Accept Compensation for Quasi-Judicial
‘and Extra-Judicial Activities Only Under Restricted
Circumstances,

7. A Judge Should Refrain From Political Activity Taappro-
priate to Judicial Office.

Compliance With the Code of Judicial Conduct.

Committee on Jualicial Ethics.

CANON 2
‘A Judge Should Avoid Impropriety and the
‘Appearance of Impropriety in

II Activities

A.A edge snl reaper and comply with be er
and should set at all manner
publ confidence inthe Integrity and impartial of
the judiciary.

B.A judge should not allow family, social, or other
relationships to influence judicial conduct or judg-
ment. A judge should not lend the prestige of judi

office to advance the private interest of others; nor

should a judge convey or permit others convey the
impression that they are in a special position to influ-
ence the judge. A judge should not tetty voluntarily
as a character wit

‘Amended and effective June 3, 1988.

DEFO0075


5454

Canon 7

CODE OF JUDICIAL CONDUCT.

(ii) while a proceeding is pending in any Loui-
siana state court, make any public comment that
might reasonably be expected to affect its out-
‘come or impair its fairness.

() may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1)(d).

C. A Judge or a Judicial Candidate May:

(1) At any time

(a) attend political gatherings;

(b) identify himself or herself as a member of a
political party;

(2) During his or her candidacy

(a) speak to gatherings on his or her own behalf,

(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;

(©) distribute pamphlets or other promotional
campaign literature supporting his or her candida-
oy;

(@) contribute to a political organization andor be
included on a political ticket or endorsement.

D, Campaign Committees

() A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
stated support.

(2) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through media advertisements, brochures,
mailings, eandidate forums and other means not pro-
hibited by law. Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coercion may be ap-
plied in such solicitation,

(8) Such committees are not prohibited from solicit-
ing or aecepting campaign contributions or public

lawyers. A candidate's committee may

it contributions for the candidate's campaign no
earlier than two years before the primary election.
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. ARer the campaign debt is extin-
guished, post-election campaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

E. Retention of Campaign Contributions. Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campaign contributors or by donation to a

a

charitable organization. The judge or judicial eandi-
date may retain campaign funds in the folowing
amounts proportionate to the population of the judge's
or judicial candidate's election district:
Population of Amount of Campaign Funds
wletton Dstt

‘That May Be Retained
Below 25,000 *$ 25,000
,000-100,000 $ 50,000
100,001-200,000 $ 75,000
+200,001-800,000 $100,000
'300,001-400,000 $125,000
Over 400,000 ‘$150,000

F. Other Political Activity. 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, or as expressly author-
ized by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A suecess-
ful candidate, whether or not an incumbent, is subject
to judicial diseiptine for his or her campaign conduet;
an unsuecessful eandidate who is a lawyer is subject to
lawyer discipline for his or her eampaign conduct. A
lawyer who is a candidate for judicial office is subject
to Rule 82(a) and (b) of the Louisiana Rules of
Professional Conduct,

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office, A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as 2 candidate
with the election or appointment authority, or author-
izes solicitation or acceptance of contributions or sup-
port, whichever occurs first. The term “candidate”
has the same meaning when applied to a judge seek-
ing election to judicial or non-judicial office.

1. Candidacy for Non-Judicial Office. A judge
shall resign his or her office when the judge becomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a 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 other-
wise permitted by law to do 0,

‘Amended June 28, 1988; Amended and effective June 3,
1998; amended July 8, 1996, effective July 8, 1996; amended
and effective July 1, 1997; amended March 13, 2002, effective
April 16, 2002; amended Jan. 18;2006, effective Feb. 1, 2005.

Court Commentary Regarding 2002
‘Amendment to Canon 7

‘The 2002 amendment. to Canon TB(IXd) of the
Code of Judicial Conduct, concerning public com-
‘ments about pending or impending proceedings, is
not intended to apply to in-court comments ‘by
lnwyer candidates, or comments regarding a case or
proceeding that the lawyer candidate is participat-
‘ng in. Comments by a lawyer candidate regarding
‘8 proceeding that the lawyer candidate is participat-

1010

DEF00204


5270

CODE OF JUDICIAL CONDUCT

(2) should not practice law in the court on which
he serves or in any court subject to the appellate
jurisdiction of the court on which he serves, or act
as a lawyer in a proceeding in which he has served
as a judge or in any other proceeding related there-
to.

B. Judge Pro Tempore

A judge pro tempore is a person who is appointed
to act temporarily as a judge.

(1) While acting as such, a judge pro tempore is
not required to comply with Canon 6C(2), 5C(3), 5D,
and 5E.

) A person who has been a judge pro tempore
should not act as a lawyer in a proceeding in which
he has served as a judge or in any other proceeding
related thereto.

C. Retired Judge

A retired judge is not governed by the provisions
of this Code, except when he is sitting by assign-
ment and then he shall be subject to the rules
applicable to a judge pro tempore.

Amended Oct. 29, 1982.

Committee on Judicial Ethics

To the end that these eanons may be properly
interpreted, and in order to provide a forum to
receive inquiries from members of the judiciary
related to the interpretation of these canons, the
Supreme Court Committee on Judicial Ethics. is
hereby created. The function of this Committee
shall be limited to the issuance of advisory opinions
on its own motion or in response to inquiries from
any judge insofar as these canons may affect him.

‘The Committee shall consist of nine members, as
follows:

(2) The Chief Justice and one other member of
the Supreme Court;

56

(0) The Chairman of the Conference of Court of
Appeal Judges and one other Court of Appeal
Judge;

(c) The President of the District Judges Associa-
tion and one other District Judge;

(@) The President of the City Judges Association;

(6) The Judicial Administrator; and

(® The President of the Louisiana State Bar As-
sociation.

The members of said Committee shall be selected
and appointed in the following manner and for the
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during
his term of office as Chief Justice;

(b) The Supreme Court shall select an Associate
Justice who shall serve for a term of two years;

(¢) The Conference of Court of Appeal Judges
shall select one member to serve on the Committee
for two years;

(a) The District Judges Association shall select
‘one member to serve on the Committee for two
years;

(©) The Chairman of the Conference of Court of
Appeal Judges, the President of the District Judges
“Association, the President of the City Judges Asso-
ciation, the Judicial Administrator, and the Presi-
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office.

‘The Judicial Administrator shall be Secretary of
the Committee. ‘The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
Amended Oct. 31, 1975, effective Jan. 1, 1976.

DEF00020


5414

Canon 5

CODE OF JUDICIAL CONDUCT

may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or civic organization not conducted for the eco-
nomic or political advantage ofits members, subject to
the following limitations:

(1) A judge shall not serve if the judge knows, or
should know, 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,

A judge shall not solicit funds for any education-
al, religious, charitable, fraternal, or civic organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
However, it shall not be a violation of this Canon for a
Judge to’ privately solicit funds for the judge's local
‘church from a local church member. A judge should
not be a fund-raising speaker or the guest of honor at
an organization’s fund- raising events, but may attend
such events. A judge may also participate in an
organization's fund-raising eventa, provided the

title oF status i not used to cuppor. the fund

(2) A judge shall refrain from financial and basiness
dealings that tend to reflect adversely on the judge's

partislity, interfere with the proper performance of
jubial die, expat the judge's fudical postion, er
involve the judge in frequent transactions with law-
yers or persons likely to come before the court on
hich he or she serves.

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
real estate, and engage in other remunerative activity
but shall not serve as an officer, director, manager, ar
employee of any bank, lending institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with a
public interest.

@) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as a judge
can do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
recusation.

(4) Information acquired by a judge in his or her
Judicial capacity shall not be used or disclosed by the
‘judge in financial dealings or for any other purpose
not related to judicial duties

D, Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. Extra-Judicial Appointments, A judge shall
not accept appointment to a governmental committee,
commission, or other 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, however, may
represent his or her county, state, or locality on
ceremonial oceasions or in connection with historical,
educational, and eultural activities.

Amended and effective June 3, 1999; amended July 3, 1996,
effective July 8, 1996; amended and effective Feb. 12, 2003

CANON 6
A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted
Circumstances

‘A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of such payments doce
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:

A. Compensation, Compensation for quasi-judi-
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not
exceed what a person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, ‘where appropriate to the
occasion, by his or her spouse. Any payment in
excess of such Ww amount is compensation.

C. Gifts. A judge, a judge's spouse, or a member
of the judge's immediate family residing in the judge's
household shall not accept any gifts or favors which
‘might reasonably appear as designed to affect the
Judgment of the judge or influence the judge's official
‘conduct.

D. Annual Reports.

(1) A judge shall report annually ali compensation
and expenses received in connection with any quasi-
Judicial activity of the judge when the amount received
for any such quasi-judicial activity exceeds $250 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
‘ness organization or association,

2 Thee’ report shall be fled inthe Otee of

Judicial Administrator of the Supreme Court of
Toul on or before January Bist of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. --Em.the report the judge
shall list the name of the payor/donor, the date, the
Place and the nature of the quastjudicial activity.
Amended and effective June 3, 1993; amended July 3, 1996,

effective July & 1996; amended Nov. 11, 1996, effective July
8, 1996.

CANON 7
A Judge Or Judicial Candidate Shall Refrain From
Inappropriate Political Activity

A. Political Conduct in General.

DEF00164

962,


5353

LA ST CJC Comm. on Jud. Ethics Page 2
Code of Jud.Conduct, Comm. on Jud. Ethics, 8 LSA-R.S.

‘The Judicial Administrator shall be Secretary of the Committee. The Committee
shall make its own rules and select members to serve in such other offices as it
creates.

The Committee shall act upon all inquiries as promptly as the nature of the case
requires.

2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00103


5275

Canon 3 App.

recess in 2 court proceeding. Extended coverage in
the judicial area of a courthouse or other court
facility is limited to proceedings in the courtroom in
the presence of the presiding judge.

XIV, The dignity and decorum of the court must,
be maintained at all times during extended media
coverage activities. Court customs, including ap-
propriate dress, must be followed.

XY. The confidentiality of the attorney/client
relationship must be protected. Therefore, there
will be no audio recording, radio, television, or tape-
recording, made or broadcast of any conference
between attorneys and their clients, between co-
counsel of a client, between counsel and the presid-
ing judge when held atthe bench, oF of proceedings
held in chambers. No parabolic microphones shall
be used.

Added April 23, 1985.

CANON 4. A JUDGE MAY ENGAGE IN
ACTIVITIES TO IMPROVE THE LAW,
THE LEGAL SYSTEM, AND THE AD-
MINISTRATION OF JUSTICE

‘A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not cast
‘doubt on his capacity to decide impartially any issue
that may come before him:

He may speak, write, lecture, teach, and par-
ticipate in other activities concerning the law, the
legal system, and the administration of justice.

B. He may appear at a public hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise con-
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice.

C. He may serve as a member, officer, or di
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice. He may
assist Such an organization in raising funds and
may participate in their management and invest-
ment, but should not personally participate in public
fund raising activities. He may make recommenda-
tions to the public and private fund-granting agen-
cies on projects and programs concerning the law,
the legal system, and the administration of justice.

CANON 6. A JUDGE SHOULD REGULATE
HIS EXTRA-JUDICIAL ACTIVITIES
TO MINIMIZE THE RISK OF CON-
FLICT WITH HIS JUDICIAL DUTIES

A. Avocational Activities. A judge may write,
lecture, teach, and speak on non-legal subjects, and

CODE OF JUDICIAL CONDUCT

engage in the arts, sports, and other social and
recreational activities, if such avocational activities
do not detract from the dignity of his office or
interfere with the performance of his judicial duties,

B. Civic and Charitable Activities. A judge
may participate in civic and charitable activities that
do not reflect adversely upon his impartiality or
interfere with the performance of his judicial duties,
A judge may serve as an officer, director, trustee,
or non-legal advisor of an educational, religious,
charitable, fraternal, or civie organization not oo
ducted for the economic or political advantage of its
members, subject to the following limitations:

(1) A judge should not serve if it is likely that the
organization will be engaged in proceedings that
would ordinarily come before him or will be regular-
ly engaged in adversary proceedings in any court.

(2) A judge should not solicit funds for any edu-
cational, religious, charitable, fraternal, or civil or-
ganization, or use or permit the use of the prestige
of his office for that purpose, but he may be listed
as an officer, director, or trustee of such an orga-
nization. He should not be a fund raising speaker
or the guest of honor at an organization's fund
raising events, but he may attend such events.

©. Financial Activities

(1) A judge should refrain from financial and
business dealings that tend to reflect adversely on
his impartiality, interfere with the proper perfor
ance of his judicial duties, exploit his judicial p.
tion, or involve him in frequent transactions with
lawyers or persons likely to come before the court
on which he serves.

(2) Subject to the requirement of subsection (1), a
judge may hold and manage investments, including
real estate, and engage in other remunerative activi-
ty but should not serve as an officer, director,
manager, or employee of any bank, lending institu-
tion, homestead or savings and loan association,
insurance company, public utility, and other busi
nesses affected with a public interest,

(8) A judge should manage his investments and
other financial interests to minimize the number of
cases in which he is disqualified. As soon as he can
do so without serious financial detriment, he should
divest himself of investments and other financial
interests that might require frequent recusation.

(4) A judge or a member of his family residing in
his household should not accept any gifts or favors
which might reasonably appear as designed to af-
fect his judgment or influence his official conduct.

(5) Information acquired by a judge in his judicial
capacity should not be used or disclosed by him in

DEF00025



5304

Canon 3 App.

CODE OF JUDICIAL CONDUCT

a television camera shall, whenever
located in an area outside the

B. No artificial lighting device of any kind shall
be employed in connection with the television cam-
era. With the approval of the court, modifications
and additions to existing courtroom lighting may be
made provided such modifications or additions are
installed and maintained without public expense.
Multiple video/audio feeds may be permitted but
must be provided by a video/audio distribution sys-
tem, furnished by the media, located outside the
courtroom.

possible, be

IX. A. No more than one still photographer,
using not more than two still eameras with not more
than two lenses for each camera without flash or
other artificial light, shall be jitted to be physi-
cally in the courtroom. Still cameras must not
produce distracting sound and should produce no
greater sound than the Leica M Series Rangefinder
camera. Motorized film advance systems will not
be permitted.

B. The photographer shall position himself in a
place designated by the presiding judge and remain
in that area except when the proceeding is in recess,
Changing of lenses or film will only be done during
a recess.

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom. Audio
pickup should be made from existing audio systems
in the courtroom whenever possible, If no techni-
cally suitable audio system exists in the courtroom,
microphones and related wiring shall be permitted
but must be unobtrusive and located in places desig-
nated in advance by the presiding judge. Multiple
radio feeds rather than a pooling system may be
permitted but must be provided by an audio distri
bution system, provided by the media, located out-
side the courtroom.

XL. When extended media coverage is autho-
rized, individual journalists may bring tape record-
ers into the courtroom and use them to record
proceedings so long as they do not cause any dis-
traction. Journalists using tape recorders may sit
at any place in the audience portion of the court-
room, but must keep their tape recorder on their
person at all times. Changing of tape cassettes
during proceedings is not permitted and should only
be done during a recess,

XI. All camera and audio equipment must be in
position at least 15 minutes before the start of the
proceedings and can only be moved or removed
after the proceedings are over or during a recess.
Television camera persons and still photographers
must remain in their designated area and are not
permitted to move about the courtroom. ‘Television
cameras and radio broadcast equipment, once in
position, may not be moved during the proceedings.

680

Movement, by tele and still photographers
should be held to a minimum and in no way should
be distracting or call undue attention to the opera-
tors.

‘XIIL. Camera and audio equipment authorized
by these guidelines shall not be operated during a
recess in a court proceeding. Extended coverage in
the judicial area of a courthouse or other court
facility is limited to proceedings in the courtroom in
the presence of the presiding judge.

XIV, The dignity and decorum of the court must
be maintained at all times during extended media
coverage activities. Court customs, including ap-
propriate dress, must be followed.

XV. The confidentiality of the attorney/client
relationship must be protected. Therefore, there
will be no audio recording, radio, television, or tape-
recording, made or broadcast of any conference
between attorneys and their clients, between co-
‘counsel of a client, between counsel and the presid-
‘ing judge when held at the bench, or of proceedings
held in chambers. No parabolic microphones shall
be used.

‘Added April 28, 1986.

CANON 4
A Judge May Engage in Activities to Improve
the Law, the Legal System, and the
Administration of Justice

A judge, subject to the proper performance of his
judicial duties, may engage in the following quasi-
judicial activities, if in doing so he does not cast
Goubt on his capacity to decide impartially any issue
that may come before him:

A. He may speak, write, lecture, teach, and par-
ticipate in other activities concerning the law, the
legal system, and the administration of justice.

B. He may appear at a public hearing before an
executive or legislative body or official on matters
concerning the law, the legal system, and the ad-
ministration of justice, and he may otherwise
sult with an executive or legislative body or official,
but only on matters concerning the administration
of justice.

. He may serve as a member, officer, or di-
rector of an organization or governmental agency
devoted to the improvement of the law, the legal
system, or the administration of justice. He may
assist such an organization in raising funds and
may participate in their management and invest-
ment, but should not personally participate in public
fund raising activities. He may make recommend
tions to the public and private fund-granting agen-
cies on projects and programs concerning the law,
the legal system, and the administration of justice.

DEF00054


5349

LA STCIC Canon 7 Page 3
Code of Jud. Conduct, Canon 7, 8 LSA-RS.

(a) speak to gatherings on his or her own behalf;

(b) appear in newspaper, television or other media advertisements supporting his
or her candidacy;

(c) distribute pamphlets or other promotional campaign literature supporting his
or her candidacy;

(d) contribute to a political organization and/or be included on a political
ticket or endorsement.

D. Campaign Committees

(2) A judge or judicial candidate shall not personally solicit or accept campaign
contributions. A judge or judicial candidate may personally solicit public:
stated support.

(2) A candidate may also establish committees of responsible persons to conduct
campaigns for the candidate through media advertisements, brochures, mailings, can-
didate forums and other means not prohibited by law. Such committees may solicit
and accept campaign contributions, manage the expenditure of funds for the candi~
date's campaign and obtain public statements of support for his or her candidacy.
However, no undue pressure or coercion may be applied in such solicitation.

(3) Such committees are not prohibited from soliciting or accepting campaign con~
tributions or public support from lawyers. A candidate's committee may solicit
contributions for the candidate's campaign no earlier than two years before the
primary election and no later than two years after the last election in which the
candidate participates or until such time as the candidate's campaign debt is ex-
tinguished.

(4) A candidate shall not use or permit the use of campaign contributions except
as provided by law.

E. Retention of Campaign Contributions, Not later than six months after any judi-
cial election in which a judge or judicial candidate participates as a contestant,
the judge or judicial candidate shall divest himself or herself of any unused cam-
paign funds, in excess of the amount listed below, by pro rata refund to the cam-
paign contributors or by donation to a charitable organization. The judge or judi-~
cial candidate may retain campaign funds in the following amounts proportionate to
the population of the judge's or judicial candidate's election district:

Population of Election District Amount of Campaign Funds That May Se Retained

Below 25,000 $ 25,000
25, 000-100, 000 $ 50,000
100, 001-200, 000 § 75,000
200, 001-300, 000 $100,000
300, 001-400, 000 $125,000
Over 400,000 $150,000

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEF00099


5287

Canon 3

for any purpose. Similar cireumspection should be
exacted on the part of court officers, clerks and
secretaries.

(8) A judge should dispose promptly of the busi-
ness of the court.

(6) A judge should abstain from public comments
about @ pending or impending proceeding in any
court, and should require similar abstention on the
part of court personnel subject to his direction and
control. This subsection 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.

(7) Except es herein provided a judge should pro-
hibit broadcasting, televising, recording, or taking
photographs in the courtroom and areas immediate-

will not distract
ignity of the pro-

ly adjacent thereto at least during sessions of court
or recesses between sessions.

A trial judge may authorize:

(a) the use of electronic or photographie means
for the presentation of evidence, for the perpetua-
tion of a record for the court or for counsel, or for
other purposes of judicial administration;

(b) the broadcasting, televising, recording or
photographing of investitive or ceremonial pro-
ceedings;

(@) the photographic or electronic recording and
reproduction of appropriate court proceedings un-
der the following conditions:

{ the means. of recording
participants or impair the di
ceedings;

(i) the parties have consented, and the con-
sent to being depicted or recorded has been
obtained from each witness appearing in the
recording and reproduction;

(ii the reproduction will not be exhibited un-
til after the proceeding has been concluded and
all direet appeals have been exhausted; and

(iv) the reproduction will be exhibited only
for instructional purposes in educational institu-
tions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum
and prevent distractions, and (c) ensure the fair
administration of justice in the pending eause.

B. Administrative Responsibilities.

(1) A judge should diligently discharge his admin-
istrative responsibilities, maintain professional com-

634

CODE OF JUDICIAL CONDUCT

petence in judicial administration, and facilitate the
performance of the administrative responsibilities of
other judges and court officials.

(2) A judge should require his staff and court
officials subject to his direction and control to ob-
serve the standards of fidelity and diligence that
apply to him.

(8) A judge should take or initiate appropriate
disciplinary measures against a judge or lawyer for
unprofessional conduct of whieh the judge may be-
come aware.

(4) A judge should not make unnecessary appoint-
ments. All appointments should be made on an
impartial basis, with a view of selecting competent
persons of good moral character. He should avoid
appointments which tend to create suspicion of im-
propriety. He should not approve compensation of
appointees beyond the fair value of services ren-
dered.

C. Recusation. The recusation of judges is gov-
emed by law.

Amended April 23, 1985.

Arrennix To Canon 3.

Gumeines FoR ExrenpeD MEDIA
Covsnace oF PROCEEDINGS IN
APPELLATE CouRTROOMS

I. As used in these guidelines,

A. “Extended coverage” means any recording
or broadcasting by the news media of court proceed-
ings using television, radio, photographic or record-
ing equipment.

B. “Presiding Judge” means the Chief Justice
of the Supreme Court of Louisiana, the Chief Judge
of a Court of Appeal, or the senior judge of a panel
of which the Chief Justice or Chief Judge is not a
member.

©. “Proceeding” means any hearing, motion, ar-
ggument on appeal or other matter held in open court
which the public is entitled to attend.

D. “Party” means a named litigant of record
who has appeared in the case, and includes a party's
counsel of record.

E, “Media” means legitimate news gathering
and reporting agencies and their representatives

F. “Court” means an appellate court and in-
cludes the Supreme Court of Louisiana and the
Courts of Appeal of the several circuits.

II. All extended media coverage of court pro-
ceedings shall be governed by the principle that the
decorum and dignity of the court, the courtroom
and the judicial process will be maintained at all

DEF00037


5422

CODE OF JUDICIAL CONDUCT

Canon 4

The deian of th preiing fue on any gutton of coverage
‘shall be fia and shall nat be saeco review by wy otter sot.

sven
of the proceeding, provided that o
roaured fr coertge of expedied proceedings Det regulary exer
V._ Extended coverage of court proceedings may be provided by
ers mia agencies and tee representatives Fm, widecape

ahr seco il bed or ea
Sock woe of there malariae
‘sil be reparded to an anew interference wih te foi

process.
VL Benda vrage of este or cerumesl prcesdings at
variance with these guidelines may be authorized by the court.
VIL, When extended coverage is permitied,
tive shall hove equaly the Tight te provide coversps
extended coverage is to be provided by more than one media

ad sera sould erate Oe ere

media representa
When

‘mediate any dispnte as to the
‘equipment authorized to cover & particular proceeding. If pooling
arrangements cannot be made oF if there are unresolved media
Aisputen, the presiding Judge may deny extended coverage of
proceedings.

‘VIII, A. No more than to portable television cameras, each oper-
ated by no more than one camera person snd poeitioned ee unob-
cosy an rl of ls spre by th ea, al be
permitted to be physically ir the courtroom. Only television equip-
Fram ws gues fe protic igh or dotactog tod wil te
erred | Videcap recording Saipment wh ot comp
Pent part ofa televaion camera shall, whenever poselble, be located
‘in an area outside the courtroom.

B. No artifielal lighting device of any Kind shall be employed in
‘connestion with the talevision camera. With the approval of

may be made
sod aed “estou pbc experce Malle eed feeds
ted but must be provided by a videofaudio distribu
{Uo system, furnished by the medi, oeated dtd the courtroom,
XK A. No more than one ail photographer, using not more than
two till eameras with not more than two lenses for
without fash or other artificial light, shell be permitted to be
DBhysiealy inthe courtroom. Still eameras must not produce dis-
trating sound and should produce no grester sound than the Leica
1M Series Rangefinder camera. ‘Motorized film advance systems
‘ll not be permitted.
3B. ‘he photographer shal be postion na ple deste by the
‘presiding judge and remain in that area except when the proceed
ing is in recess, Changing of lenses or film will only be done
during a rezees.
X Only one audi aytem for radio broadest pares wil be
.adio should be made from

technically suitable audio ayster exsta in the ecurtroem,
‘hones and related wiring shal be permtied but must be wnabtro-
Sve and let in planes digested in vance by the resiing
Judge. -Maltiple rio feede rather than a pooling system may be
permitted but must be provided by an andio distribution system,
‘provided by the media, located outside the courtroom.
1X1, When extended media coverage is authorized, individual journal
iets may bring tape recorders into the courtroom end use Chem t0
proceedings so long an they do not cause any distrstion.
Journals ung tae recorders may sk at ey ple nthe
‘andience portion of the courtroom, but sust keep their tape

981

recorder on their person at all times. Changing of tape cassettes
‘not permitted and shold only be done during
recess.

IL camera and audio epment mast be in poston at east 15

Defore the start of the proceedings and cam only be moved
proceedings are over or during a recess.

‘Television camera persons and stil photographers most remain in

‘their designated area and are not permtied to move about the

canteoomTelvhonraern ed cad, rode eet,

nce in itn, mayo be moved

tb ‘lv ad ll ptr apers Soul te bed to'2

iam ‘no way should be distracting or eall undue

Mendon tothe opens

anera and adi erupt earn by tee eles

‘Shall not be operated daring a recess ins court
Bitendedcovenge inthe Jota aren of a courthoue r ober
court ig ited to proceedings in the courtroom in the
presence ofthe presiding judge.

XIV. The dignity and decorum of the court must be maintained st
al times daring extended media coverage activities. Court eus-
tame, including appropriate dress, must be folowed.

XV. Ths confldentiaity of the attorney/lient relationship must be
protected. ‘there will be mo audio radio,

‘between attarneye and om
between counsel end the presiding Judge when held atthe bench, oF
af roredlogs hel in caers. No parse miropbone al

‘Added Apri 23,1985. Amended and effective June 3, 1993

CANON 4

QuasiJudicial Acti

A Judge May Engoge in Quasi-Sudical Activities
Improve the Law, the

Legal System, and the Administration of Justice

A judge, subject to the proper performance of judi-
cial duties, may engage in the following quasi-judicial
activities, if in doing co the judge does not impair,
limit or restrict his or her capacity to decide impartial-
ly any issue that the judge knows is likely to come
before the judge:

A. A judge may speak, write, lecture, teach, and
participate in other activities concerning the law, the
legal system, and the administration of justice.

B. A judge may appear at a public hearing before
an executive or legislative body or official on matters
concerning the law, the legal system, and the adminis-
tration of justice, and may otherwise consult with an
executive or legislative body or official, but only on
matters concerning the administration of justice.

. 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 shall
not personally solicit funds for such an organization or
agency, oF allow his or her name to be used in the
solicitation of funds. A judge may make recommen-
dations to the public and private fund-granting agen-
cies on projects and programs concerning the law, the
legal system, and the administration of justice.
Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1996.

DEF00172


5387

Canon 7

CODE OF JUDICIAL CONDUCT

(2) act as a leader or hold any office in a politicat
organization;

() publicly endorse or publicly oppose another
candidate for public office;

(©) make speeches on behalf of a political organi-
zation or a candidate for publie office;

(@ except to the extent permitted by these Can-
ons, solicit funds for, pay an assessment to, or make
a contribution to a politieal organization or candi-
date or purchase tickets for political party dinners
or other eampaign functions.

B. Campaign Conduct.
(@) A judge or judicial candidate:

() shall maintain the dignity appropriate to judi-
cial office and act in a manner consistent with the
integrity and independence of the judiciary, and
should encourage the 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 should
discourage other employees and officials subject to
the candidate's direction and contro! from doing on
the candidate's behalf what the candidate is prohib-
ited from doing under this Canon;

(©) except to the extent permitted by these Can-
ons, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is,
prohibited from doing under this Canon;

(@) shall not

() make pledges or promises of conduct in
office other than the faithful and impartial perfor-
mance of the duties of the office;

(i) make statements that commit or appear to
commit the candidate with respect to cases, con-
troversies, or issues that are likely to come before
the court; or

(ii) knowingly misrepresent the identity, quali-
fications, present position or other fact concern-
ing the candidate or an opponent.

(e) may respond to personal attacks or attacks on
the candidate's record as long as the response does
not violate Canon 7B(1\d).

C. A Judge or a Judicial Candidate May:
(Q) At any time

(a) attend political gatherings;

(b) identify himself or herself as a member of a
political party;

@) During his or her candidacy

(a) speak to gatherings on his or her own behalf;

_(b) appear in newspaper, television or other me-
dia advertisements supporting his or her candidacy;
(©) distribute pamphlets or other promotional
campaign literature supporting his or her candida-
°y;
(@) contribute to a political organization and/or be
included on a politieal ticket or endorsement.
D. Campaign Committees

(1) A judge or judicial candidate shall not personal-
ly solicit or accept campaign contributions. A judge
or judicial candidate may personally solicit publicly
stated support.

(2) A candidate may also establish committees of
responsible persons to conduct campaigns for the
candidate through tedia advertisements, brochures,
‘mailings, candidate forums and other means not pro-
hibited by Jaw, Such committees may solicit and
accept campaign contributions, manage the expendi-
ture of funds for the candidate's campaign and obtain
public statements of support for his or her candidacy.
However, no undue pressure or coercion may be ap-
plied in such solicitation,

(8) Such committees are not prohibited from solicit-
ing or accepting campaign contributions or public
support from lawyers. A candidate's committee may
solicit, contributions for the candidate's campaign no
earlier than two years before the primary election.
Contributions may be solicited after the last election
in which the candidate participated only for the pur-
pose of extinguishing the campaign debt resulting
from that election. After the campaign debt is extin-
guished, post-election campaign contributions may not
be solicited or accepted.

(4) A candidate shall not use or permit the use of
campaign contributions except as provided by law.

BE. Retention of Campaign Contributions, Not
later than six months after any judicial election in
which a judge or judicial candidate participates as a
contestant, the judge or judicial candidate shall divest
himself or herself of any unused campaign funds, in
excess of the amount listed below, by pro rata refund
to the campaign contributors or by donation to a
charitable organization. ‘The judge or judicial candi-
date may retain campaign funds in the following
amounts proportionate to the population of the judge's
or judicial candidate's election district:

Population of Amount of Campaign Funds

Election District “That May Be Retained
Below 25,000 $ 25,000
25,000-100,000 $ 50,000
1100,001-200,000 $75,000
200,001-300,000 $100,000
+300,001~400,000 $125,000
Over 400,000 $150,000

DEF00137


5271

West’s Pye

LOUISIANA‘ ~
RULES OF COURT
1988

STATE

With Amendments Received through
March 1, 1988

The above symbol and WEST'S are regis

red trademarks of West Publishing Co-
Registered in U.S. Patent and Trademark office.

LA. SUPREME COURT

JUN 6 1988

ST. PAUL, MINN.
WEST PUBLISHING CO.

DEF00021
PORT Exhibit 1001 (d)


5315

CODE OF JUDICIAL CONDUCT

(fH The President of the Louisiana State Bar As-
sociation.

‘The members of said Committee shall be selected
sod appointed inthe following manner and fr he
terms indicated:

(a) The Chief Justice of the Supreme Court shall
always be a member and shall be chairman during,
his term of office as Chief Justice;

(b) The Supreme Court, shall select an Associate
Justice who shall serve for a term of two years;

(@) The Conference of Court of Appeal Judges
shall select one member to serve on the Committee
for two years;

(@) The District Judges Association shall select
one member to serve on the Committee for two
years;

(@) The Chairman of the Conference of Court of
Appeal Judges, the President of the District Judges
Association, the President of the City Judges Asso-
ciation, the Judicial Administrator, and the Presi-
dent of the Louisiana State Bar Association shall, ex
officio, be members of the Committee and shall
serve during their respective terms of office.

‘The Judicial Administrator shall be Secretary of
the Committee. The Committee shall make its own
rules and select members to serve in such other
offices as it creates.

‘The Committee shall act upon all inquiries as
promptly as the nature of the case requires.
Amended Oct. 31, 1975, effective Jan. 1, 1976.

DEFO0065


5471

Canon 1

CODE _OF JUDICIAL CONDUCT

to the judge's direction and control, may also result
in judicial dseipi

CANON 2
‘A Judge Shall Avoid Impropriety and the Appear-
ance of Impropriety in All Activities

‘A. A judge shall respect and comply with the law
and shali act at all times in a manner that promotes
public confidence in the integrity and impartiality of
the judiciary.

As used in this Code, “impartiality” or “impartial”
denotes absence of bias or prejudice in favor of, or
against, particular parties or classes of parties, as well
as maintaining an open mind in considering issues that
may core before the judge.

B.A judge shall not allow family, social, politica,
or other Yelationships to influence judicial conduet or
Judgment. A judge shall not lend the prestige of
Judicial office to advance the private interest 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. Al-
‘though a judge should be sensitive to possible abuse of
the prestige of office, a judge may, based on the
Judge's personal knowledge, serve as’a reference or
provide a letter of recommendation. Letters of ree-
ommendation may be written only on private station
ery which does not contain any official designation of
the judge's court, but the judge may use his or her
title, A judge shall not initiate the communication of
information in any cout or disciplinary proceeding,
bbut may provide such information for the record in
response to a formal request by a court or disciplinary
agency official.

©. A judge shall not hold membership in any
organization that arbitrarily excludes from member-
ship, on the basis of race, religion, sex or national
origin, any persons who would otherwise be admitted
to membership. ‘The term “organization” shall not
include, however, an association of individuals dedicat-
ed to the preservation of religious, ethnic, historical or
cultural values of legitimate common interest to its
members; or an intimate, distinctly private associ
tion of persons whose membership limitations would
be entitled to constitutional protection.

Amended and effective June 3, 1993; amended July 3, 1996,
effective July 8, 1986; amended Jan. 13, 2005, effective Feb.

1,

CANON 3
A Judge Shall Perform the Duties of Office Impar-
tially and Diligently

‘The judicial duties of a judge take precedence over
all other activities. Judicial duties include all the
duties of office prescribed by law. In the perform-
ance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge shall be faithful to the law and maintain
professional competence in it. A judge shall be uns-
wayed by partisan interests, public clamor, or fear of
criticism.

(2) A judge shall maintain order and decorum in
judicial proceedings.

(8) A judge shall be patient, dignified, and courte-
ous to litigants, jurors, witnesses, lawyers, and others
with whom the judge deals in an official capacity, and
should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge's
rection and control.

(4) A judge shall perform judicial duties without
bias or prejudice. A judge shall not, in the perforin-
ance of judicial duties, by words or conduct manifest
bias or ‘prejudice, and shall not permit staff, court
officials or others subject to the judge's direction and
contrvl to do so.

(5) A judge shall require lawyers in proceedings
before the judge to refrain from manifesting, by words
or conduct, bias or prejudice against parties, wit-
nesses, counsel or others.

(6) Except as permitted by law, a judge shall not
permit private or ex parte interviews, arguments or
communications designed to influence his or her judi-
cial action in any case, either civil or criminal. A
Judge may obtain the advice of a disinterested expert
‘on the law applicable to a proceeding before the judge
if the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords
the parties reasonable opportunity to respond.
‘Where circumstances require, ex parte communica-
tions are authorized for scheduling, administrative
purposes or emergencies that do not deal with sub-
stantive matters or issues on the merits, provided the
judge reasonably believes that no party will gain a
procedural or tactical advantage as a result of the ex
parte communication. A judge shali not knowingly
accept in any case briefs, documents or written com-
munications intended or calculated to influence his or
her action unless the contents are promptly made
known to all parties. Judges of eppellate courts shall
also avoid all actions or language which might indicate
to counsel, litigants or any inember of the publie, the
particular member of the court to whom a case is
allotted or assigned for any purpose. Similar cireum-
spection should be exacted on the part of court offi-
cers, clerks and secretaries,

(D) A judge shall dispose” of all judicial matters
promptly, efficiently and f

(8) A judge shall not, while a proceeding is pending
‘in any Louisiana state court, make any public com-
‘ment that might reasonably be expected to affeet its
outcome or impair its fairness, and shall require simi-
lar abstention on the part of court personnel subject
to his or her direetion and control. ‘This subsection
does not prohibit judges from making public state-
ments in the course of their official duties or from

1004

DEF00221


5384

CODE OF JUDICIAL CONDUCT.

Canon 3 App.

from each witness appearing in the recording and
reproduction;

(Gi) the reproduction will not be exhibited until
after the proceeding has been concluded ard all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

‘An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
Judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) control the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (¢) ensure the fair admi
tration of justice in the pending cause.

B. Administrative Responsi ’

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or preju-
ice 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 hall 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.

() A judge should take or initiate appropriate disci-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware, Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
Jjudge’s judicial duties and shall be absolutely privi-
leged, and no civil action predicated thereon may be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments. A judge should exereise the power of appoint-
ment impartially and on the basis of merit. A judge
should avoid appointments which tend to create the
appeatance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or member of the immediate family of a
Judge shall be employed in the court to which that
judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge's spouse; the spouses
of a judge's children; and all step relationships to the
same degree.

‘The provisions of this Subsection shall not. prohibit
the continued employment, of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin-
der, alter, or in any way affect promotional advance-
‘ments for any sueh employee. The provisions of this

897

Subsection pertaining to nepotism shall not apply to
mayors or justices of the peace.

€. Recusation, A judge should disqualify himself
or herself in a proceeding in which the judge's impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court rule. In all other instances, a judge
should not recuse himself or herself.

Amended April 23, 1985; December 3, 1990; amended and
effective June 8, 1893; amended July 3, 1996, effective July
8, 1996.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appellate Courtrooms

LAs used in these guidelines,

‘A. “Extended coverage” means ary recording or broadcasting by
the news media of court proceedings using telavison, radio, photo.
srephie or reenrding equiprnent.

B_ “Presiding Judge” mesns the Chief Justice ofthe Supreme Court
of Louisiang, the Chief Judge of 2 Court of Appeal, or the nevior

Judge of a panel of which the Chie Justice or Chief Judge is not a

member.

“Proceeding” means any hearing, motion, argument on appeal or
other matter held in open eourt whieh the public is entived to
alters.

D. "Party" means a named htigant of record who has appeared in

‘he case, and includes a partys counsel of record.

E._ "Media" means legitimate news gathering and reporting agencies
‘and their representative.

F, “Court” means an appellate court and includes the Supreme
‘Court of Louisiana and the Courts of Appeal of the several circuits.

TL All extended media coverage of court proceedings shall be gov-
‘emed by the principle that the decorum and dignity of the court,
‘the courtroom and the judical process will be maintained at al
times. Reaolubon of any question of coverage or procedure not
specially addressed in this section will be guided by thi over
‘aig pre

TIL. A The consent or approval of parties to extended coverage is
‘ot required. Parties may object to extended coverage by filing &
written objection stating the reasons therefor with the clerk of
court at least 10 daya prior to the date of the proceedings. Upon
objection by a party, or on the cours awn motion, the presiding
Judge may prohibit or limt extended coverage of proceeding,

B. Extended coverage shall not be permitted in any proceeding
ey aw uso maybe ld a

‘The decision of the presiding judge on any question of coverage
gale al ad sha ns be jo to rae by any ser cose

IN. Extended emerage of proceding shal no: be permit uses

tion to provide extended coverage of a proceeding is

a tock of conto east 2 dys ade

Of the proceeding, provided that only reasonable notice shall be

‘required for coverage of expedited proceedings not regularly ealen-

dared

c

V_ Extended coverage of court proceedings may be provded by
rows media agencies and their representatives. Fl. videotape,
‘Photographs, and sudio reproduction shal not be used for eaamer-

advertising purposes. Such use of these materials
jel as an unlawful interference woth the judieial

Vi. Extended coverage of iavestitive or ceremonial proceedings at
varianee with these guidelines may be authorized by the court.

VII_ When extended coverage is permitied, all media representa
‘aves shall have equally the nght to provide coverage. When

DEF00134


5368

Canon 5

CODE OF JUDICIAL CONDUCT

engage in the arts, sports, and other social and recre-
ational activities, if such avocational activities do not
detract from the dignity of judicial office or interfere
with the performance of judicial duties.

B. Civic and Charitable Activities. A judge may
participate in civie and charitable activities that do not
reflect adversely upon his or her impartiality or inter-
fere with the performance of judicial duties. A judge
may serve as an officer, director, trustee, or non-legal
advisor of an educational, religious, charitable, frater-
nal, or eivie organization not conducted for the eco-
nomic or political advantage of its members, subject to
the following limitations:

(2) A judge shall not serve if the judge knows, or
should know, 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.

@) A judge shall not solicit funds for any edueation-
al, religious, charitable, fraternal, or civie organization,
or use or permit the use of the prestige of judicial
office for that purpose, but the judge may be listed as
an officer, director, or trustee of such an organization.
However, it shall not be a violation of this Canon for a
Judge to privately solicit funds for the judge's local
church from a loeal church member. A judge should
not be a fund raising speaker or the guest of honor at
an organization's fund raising events, but may attend
such events.

C. Financial Activities.

(2) A judge shall refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of
Judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with law-
yers or persons likely to come before the court on
‘which he or she serves.

2) Subject to the requirement of subsection (1),
judge may hold and manage investments, including
real estate, and engage in other remunerative activity
but shail not serve as an officer, director, manager, or
employee of any bank, lending ‘institution, homestead
or savings and loan association, insurance company,
public utility, and other businesses affected with a
public interest.

(8) A judge should manage investments and other
financial interests to minimize the number of cases in
which he or she is disqualified. As soon as a judge
ean do so without serious financial detriment, he or
she shall divest himself or herself of investments and
other financial interests that might require frequent
rreeusation.

(4) Information acquired by a judge in his or her
Judicial capacity shall not be used or disclosed by the
Judge in financial dealings or for any other purpose
not related to judicial duties.

796

D. Service as Arbitrator or Mediator. A judge
shall not act as an arbitrator or mediator or otherwise
perform judicial functions in a private capacity.

E. ExtraJudicial Appointments. A judge shall
not aecept appointment to a governmental committee,
‘commission, or other 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, however, may
represent his or her county, state, or locality on
ceremonial occasions or in connection with historical,
educational, and cultural activities.

Amended and effective June 8, 1983; amended July 3, 1996,
effective July 8, 1996.

CANON 6
A Judge Shall Accept Compensation or Gifts for
Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted
Circumstances

A judge may receive compensation and expenses for
the quasi-judicial and extra-judicial activities permit-
ted by this Code, if the source of such payments does
not give the appearance of influencing the judge in his
or her judicial duties or otherwise give the appearance
of impropriety, subject to the following restrictions:

A. Compensation. Compensation for quasijudi-
cial activities shall not exceed a reasonable amount.
Compensation for extra-judicial activities shall not
exceed what 2 person who is not a judge would receive
for the same activity.

B. Expenses. Expenses shall be limited to the
actual cost of travel, food, and lodging reasonably
incurred by the judge and, where appropriate to the
oceasion, by his or her spouse. Any payment in
excess of such an amount is compensation.

C. Gifts, A judge, a judge's spouse, or 2 member
of the judge’s immediate family residing in the judge's
household shall not accept any gifts or favors which
might reasonably appear as designed to affect. the
Judgment of the judge or influence the judge's official
conduct.

D. Annual Reports.

(1) A judge shall report annually all compensation
and expenses received in connection with any quasi
Judicial activity of the judgewhan the amount received
Tor any such quasi-judicial activity exceeds $250 and is
paid for by any individual, professional organization or
association, including law-related groups, or any busi-
ness organization or association.

2) The judge's repart shall be fled in the Office of
the Judicial Administrator of the Supreme Court. of
Louisiana on or before January Bist of each year, for
the preceding calendar year, and the report shall be
subject to public inspection. In the report the judge

DEFO0118



5370

Canon 7 CODE OF JUDICIAL CONDUCT
Population of Amount of Campai Population of Amount of Campaign Funds
Election District ‘That. May B Bee Taine Election District ‘That May Be Retained
, 001-400, 000 Over 400,000 $150,000

F, Other Politieal Activity. A judge shall not
engage in any other political activity except on bebalf
of measures to improve the law, the legal system or
the administration of justice, or as expressly autho-
rized by law.

G. Applicability. Canon 7 generally applies to all
incumbent judges and judicial candidates. A succees-
ful 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 Rule 82a) and (b) of the Louisiana Roles of
Professional Conduct.

H. Definition of Candidate. A candidate is a
person seeking election or reelection to a judicial
office. A person becomes a candidate for judicial
office as soon as he or she makes a public announce-
ment of candidacy, declares or files as a candidate
with the election or appointment authority, or autho-
izes solicitation or acceptance of contributions or
support, whichever occurs first. ‘The term “candi-
date” has the same meaning when applied to a judge
seeking election to judicial or non-judicial office.

I. Candidacy for Non-Judicial Office. A judge
shall resign his or her office when the judge bezomes
a candidate either in a party primary or in a general
election for a non-judicial office, except that a 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 other-
wise permitted by law to do so.

Amended June 28, 1983. Amended and effective June 3,
1993; amended July 3, 1996, effective July 8, 1996; amended
and effective July 1, 1997.

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
lawyer, who is an officer of a court of record perform-
ing judicial functions, including an officer such as a
Judge ad hoc, judge pro tempore, referee, special
‘master, court commissioner, judicially appointed hear-
ing officer, or magistrate, and anyone who is a justice
of the peace, is a judge for the purpose of this Code.
All judges shall comply with this Code,

A. Part-Time Judge. A parttime judge is a
Judge 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.

A part-time judge:

(1) is exempt from Canons 5C@), 5D, and 5E;

798

@) shall not practice law in the court on which he
or she serves or in any court subjeet to the appellate
jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.

B, Pro Tempore and Ad Hoe Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoe is a person
who is appointed to act with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hoe is not required to comply with Canons 5C(2),
5C(8), 5D, and SE.

@) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto.

C. Retired Judge. A retired judge is not gov-
emed by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe,

D. Judicially Appointed Hearing Officers. Judi-
cially appointed hearing officers are required to com-
ply with all canons of the Code except Canons 5C@),
5D, and SE.

Amended Oct. 29, 1982. Amended and effective June 3,
1993; amended July 8, 1996, effective July 8, 1996,

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may he properly
interpreted, and in order to provide a forum to receive
inguiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. The
fanetion of this Commitice shall be limited to the
issuance of advisory opinions on its own motion or in
response to inquiries from any judge insofar as these
canons may affect the judge.

The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and ong.gther member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
Appeal Judges and one other Court of Appeal Judge;

(© The President of the District Judges Associa-
tion and two other District Judges;

(@ The President of the City Judges Association;

(e) One juvenile or family court judge;

© The Judicial Administrator; and

DEF00120


5258

CODE OF JUDICIAL CONDUCT
Adopted March 5, 1975
Effective January 1, 1976

Canon

1. A Judge Should Uphold the Integrity and Indepen-

dence of the Judiciary.

2, A Judge Should Avoid Impropriety and the Appear-

ance of Impropriety in All his Activities

8. A Judge Should Perform the Duties of his Office

‘Impartially and Diligently.

4. A Judge May Engage in Activities to Improve the
Law, the Legal System, and the Administration of
Tustice.

A Judge Should Regulate his ExtraJudicial Activities
to Minimize the Risk of Conflict with his Judicial
Daties.

[A Judge Should Accept Compensation for Quasi Judi
cial and ExtraJudicial Activities Only under Re-
stricted Circumstances.

A Judge Should Refrain from Politieal Activity Inap-

propriate to his Judicial Office.
‘Compliance with the Code of Judicial Conduct.
Committee on Judicial Ethies.

oo

CANON 1

A Judge Should Uphold the Integrity and
Independence of the Jud

‘An independent and honorable ju is indis-
pensable to justice in our society. A judge should
participate in establishing, maintaining, and enfore-
ing, and should himself observe, high standards of
conduct so that the integrity and independence of
the judiciary may be preserved. The provisions of
this Code should be construed and applied to further
that objective. As a necessary corollary, the judge
must be protected in the exercise of his judicial
independence.

CANON 2

A Judge Should Avoid Impropriety and the
Appearance of Impropriety in All
His Activities

A. A judge should respect and comply with the
law and should conduct himself at all times in a
manner that promotes public confidence in the in-
tegrity and impartiality of the judiciary.

B. A judge should not allow his family, social, or
other relationships to influence his judicial conduct

49

or judgment. He should not lend the prestige of his
office to advance the private interest of others; nor
should he convey or permit others to convey the
impression that they are in a special position to
influence him. He should not testify voluntarily as
‘2 character witness.

CANON 3

A Judge Should Perform the Duties of His
Office Impartially and Diligently

‘The judicial duties of a judge take precedence
over all his other activities. His judicial duties
include all the duties of his office prescribed by law.
In the performance of these duties, the following
standards apply:

A. Adjudicative Responsibilities

(1) A judge should be faithful to the law and
maintain professional competence in it. He should
be unswayed by partisan interests, public clamor, or
fear of criticism.

2) A judge should maintain order and decorum in
proceedings before him.

(8) A judge should be patient, dignified, and cour-
teous to litigants, jurors, witnesses, lawyers, and
others with whom he deals in his official capacity,
and should require similar conduct of lawyers, and
of his staff, court officials, and others subject to his
direction and control.

(4) Except as permitted by law, a judge should
not permit private or ex parte interviews, argu-
menis or communications designed to influence his
judicial action in any case, either civil or criminal.
A judge should not accept in any case briefs, doc-
uments or written communications intended or cal-
culated to influenee his action unless the contents
are promptly made known to all parties. Judges of
appellate courts should also avoid all actions or
language which might indicate to counsel, litigants
or any member of the public, the particular member
of the court to whom a case is allotted or assigned
for any purpose. Similar cireumspection should be
exacted on the part of court officers, clerks and
secretaries.

(8) A judge should dispose promptly of the busi-
ness of the court.

DEFO0008


5347

Westlaw.
LA ST CIC Canon 6 Page 1
Code of Jud. Conduct, Canon 6, 8 LSARS.

CANON 6
A udge Shall Accept Compensation or Gifts for Quasi-Judicial and
Extra-Judicial Activities Only Under Restricted Circumstances

A judge may receive compensation and expenses for the quasi-judicial and extra~
judicial activities permitted by this Code, if the source of such payments does not
give the appearance of influencing the judge in his or her judicial duties or oth-
erwise give the appearance of impropriety, subject to the following restriction

A. Compensation. Compensation for quasi-judicial activities shall not exceed a
reasonable amount. Compensation for extra-judicial activities shall not exceed
what a person who is not a judge would receive for the same activity.

B. Expenses. Expenses shall be limited to the actual cost of travel, food, and
lodging reasonably incurred by the judge and, where appropriate to the occasion, by
his or her spouse. Any payment in excess of such an amount is compensation.

C. Gifts. A judge, a judge's spouse, or a member of the judge's immediate family
residing in the judge's household shall not accept any gifts or favors which might
reasonably appear as designed to affect the judgment of the judge or influence the
judge's official conduct.

D. Annual Reports.

(1) A judge shall report annually all compensation and expenses received
nection with any quasi-judicial activity of the judge when the amount received for
any such quasi-judicial activity exceeds $250.

(2) The judge's report shall be filed in the Office of the Judicial Administrator
of the Supreme Court of Louisiana on or before January 3ist of each year, for the
preceding calendar year, and the report shall be subject to public inspection. In
the report the judge shall list the name of the payor/donor, the date, the place
and the nature of the quasi-judicial activity.

‘CANON 7
A Judge Or Judicial Candidate shall Refrain From
Inappropriate Political Activity

A, Political Conduct in General.

(1) A judge or judicial candidate shail no’

(a) act as a leader or hold any office in a political organization;

(b) publi

ly endorse or publicly oppose another candidate for public office;

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

DEFO0097


5292

LOUISIANA
RULES OF COURT

Law,

OF Lg  BRARY

STATE

UISIAN, A
MAY 29 199,

With AMENDMENTS RECEIVED THROUGH
Marca 1, 1991

WEST PUBLISHING COMPANY
SAINT PAUL, MINNESOTA
1991

DEF00042
PORT Exhibit 1001 (g)


5412

Canon 3

CODE OF JUDICIAL CONDUCT.

from each witness appearing in the recording and
reproduction;

(iil) the reproduction will not be exhibited until
after the proceeding has been concluded and all
direct appeals have been exhausted; and

(iv) the reproduction will be exhibited only for
instructional purposes in educational institutions.

An appellate court may permit broadcasting, tele-
vising, recording, and taking photographs of public
judicial proceedings in the courtrooms of appellate
courts in accordance with the guidelines set forth in
an appendix to this Canon, subject, however, to the
authority of each court and the presiding judge of
each court or panel to (a) contro) the conduct of
proceedings before the court, (b) ensure decorum and
prevent distractions, and (c) ensure the fair adminis-
‘tration of justice in the pending cause.

B. Administrative Responsibilities.

(1) A judge shall diligently discharge the judge's
administrative responsibilities without bias or preju-
dice 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 Sidelity and diligence that
apply to the judge and to refrain from manifesting
bias or prejudice in the performance of their official
duties.

(8) A judge should take or initiate appropriate disci-
plinary measures against a judge or lawyer for unpro-
fessional conduct of which the judge may become
aware. Acts of a judge in the discharge of disciplin-
ary responsibilities, as set forth above, are part of the
Judge's judicial duties and shall be absolutely privi-
Teged, and no civil action predicated thereon may be
instituted against the judge.

(4) A judge shall not make unnecessary appoint-
ments. A judge should exercise the power af appoint-
ment impartially and on the basis of merit. A judge
should avoid appointments which tend to create the
appearance of impropriety. A judge shall not approve
the compensation of appointees beyond the fair value
of services rendered. A judge shall avoid nepotism.
No spouse or merber of the immediate family of a
Judge shall be employed in the court to which that
judge was elected. “Immediate family” means a
Judge's children, parents, brothers and sisters; the
children and parents of a judge's spou:
of a judge's children; and all step relat
same degree.

‘The provisions of this Subsection shall not prohibit
the continued employment of any employee of a court
employed by such court on or before December 31,
1990; nor shall such provisions be construed to hin-
der, alter, or in any way affect promotional advance-
ments for any such employee. ‘The provisions of this

960

Subsection pertaining to nepotism shall not apply to
mayors or justices of the peace.

C. Recusation. A judge should disqualify himself
or herself in a proceeding in which the judge's impar-
tiality might reasonably be questioned and shall dis-
qualify himself or herself in a proceeding in which
disqualification is required by law or applicable Su-
preme Court rule. In all other instances, a judge
should not recuse himself or herself.

Amended April 23, 1985; December 3, 1990; amended and
effective June 3, 1988; amended July 3, 1996, effective July
8, 1996; amended and effective March 13, 2002.

APPENDIX TO CANON 3
Guidelines for Extended Media Coverage of Proceedings in
‘Appellate Courtrooms

1. As used in these guidelines,

A. “Extended coverage” means any recording or broadcasting by
‘the news medi of court proceedings sing television, ratio, photo-
seaphie or recording equipment.

B. “Presiding Judge” means the Chiof Justice ofthe Supreme Court
of Louisiana, the Chief Judge of « Court of Appeal, or the seniar
ae 1 panel of which the Chief Justice or Chief Judge i aot a

“Proceeding” means any hearing, motion, argument on appea! or
“ ate nae ‘held in open court ‘which the public is entitied to
ata

D. "Party" mears a named iligant of record who has appeared in
‘he case, and includes a party’s counsel of record.

E._ “Mela” means legitimate news gathering and reporting agencies
‘and their representatives

F “Court” means an appeliste court and inclodes the Supreme
Court of Louisiana and the Courts of Appeal ofthe several circuits.

TL. All extended media of court proceedings shall be gov-
‘erned by the pre that the dos nd dy of be cur,
the courtroom and the judioal process will be maintained at all
times. Resolution of any question of coverage or procedure not
specially addressed in tie section will be guided by this over-
siding principle.

TIL A. The consent or approval of partis to extended coverage is
‘ot regolved. Patties may object to extended coverage by fling a
Sriden objection stating the reasons therefor wih te ere OF
cout at least 10 days prior to the date of the proceedings. Upon
‘objection by a pasty, ar on the court's own mation, the presiding
Judge may probit or limit extended coverage of @ preceeding:

B_ Extended coverage shall not be permitted in any proceeding
‘whuch by law must of may be held in private

C._ The decision of the presiding judge on any question of coverage
‘sal! be final and shall not be subject to review by any olber court.

TV. Exteniled coverage of «proceeding shall not be permite unless
‘otie of intenbon to provide extended coverage of a proceeding is
fivenby the ruta to Ue clr of court at leat 2 days tn vance
of the proceeding, provided that only ressonatle notice sh
Texel for sve of ene provedinge wo rely er
dared,

‘Y. Extended coverage of court proceedings may be provided by

‘new media agencies und their representatives. Film, videotape,

‘Photographs, and audio repredoction shall not be used for eoramer-

al or politcal advertising purposes. Such use of these materials

wil be regerced a an Unlawiul interference with the judletal
process.

YL_Entended xvrage f inventive or evens preening a
arose wi ho pelea my be strid hy te eat
Wer overage is permited, all media representa
"tive tha ine egy he ake to prove woven Wher

DEF00162


5379

CODE OF JUDICIAL CONDUCT

F. Other Political Activity. A judge shall not
ngage in any other political activity except on behalf
{ measures to improve the law, the legal system or
he administration of justice, or as expressly autho-
ized by law.

G. Applicability. Canon 7 generally applies to all
icumbent judges and judicial candidates. A success-
11 eandidate, whether or not an incumbent, is subject
> judicial discipline for his or her campaign conduct;
1 unsuccessful candidate who is a lawyer is subject to
cwyer discipline for his or her campaign conduct. A
owyer who is a candidate for judicial office is subject
» Rule 82(a) and (b) of the Louisiana Rules of
rofessional Conduct.

HH. Definition of Candidate. A candidate is a
arson seeking election or reelection to a judicial
ice. A person becomes a candidate for judicial
fice as soon as he or she makes a public announce-
ent of candidacy, declares or files as a candidate

th the eleetion or appointment authority, or autho-

‘es solicitation or acceptance of contributions or

pport, whichever occurs first. The term “candi-

te” has the same meaning when applied to a judge
king election to judicial or non-judicisl office.

IL. Candidacy for NonJudicial Office. A judge

all resign his or her office when the judge becomes
sandidate either in a party primary or in a general
‘ction for a non-judicial office, except that a judge
ty continue to hold judicial office while being a
adidate for election to or serving as a delegate in a
te constitutional convention, if the judge is other-
+e permitted by law to do so.
vended June 28, 1983; amended and effective July 1, 1997;
anded May 28, 1988, effective July 1, 1998; amended and
retive June 3, 1999; ‘amended July 8, 1996, effective July
996; amended and effective July 1, 1997; amended May
1988, effective July 1, 1998.

COMPLIANCE WITH THE CODE
OF JUDICIAL CONDUCT

All elected judges and anyone, whether or not a
yer, who is an officer of a court of record perform-
Judicial functions, including an officer such as a
ge ad hoc, judge pro tempore, referee, special
ster, court commissioner, judicially appointed hear-
officer, or magistrate, and anyone who is a justice
he peace, is a judge for the purpose of this Code.
judges shall comply with this Code.
= Part-Time Judge. A part-time judge is a
ye who serves on a continuing or periodic basis,
is permitted by law to devote time to some other
‘ession or occupation and whose compensation for

reason is Jess than that of a full-time judge.
part-time judge:
) is exempt from Canons 5C@), 5D, and 6E;
) shall not practice law in the court on which he
he serves or in any court subject to the appellate

847

Jurisdiction of the court on which he or she serves, or
act as a lawyer in a proceeding in which he or she has
sorved as a judge or in any other proceeding related
thereto,

B. Pro Tempore and Ad Hoc Judges. A judge
pro tempore is a person who is appointed to act
temporarily as a judge. A judge ad hoc is a person
who is appointed to act with regard to a specific case
or cases.

(1) While acting as such, a judge pro tempore or ad
hoc is not required to comply with Canons 50(),
5C(), SD, and 5E.

(2) A person who has been a judge ad hoe or judge
pro tempore shall not act as a lawyer in a proceeding
in which he or she has served as a judge or in any
other proceeding related thereto.

C. Retired Judge. A retired judge is not gov-
erned by the provisions of this Code, except when
sitting by assignment, and then the judge shall be
subject to the rules applicable to judges pro tempore
and ad hoe.

D. Judicially Appointed Hearing Officers. Judi-
Cialy appointed bering offices are required to om
ply with all canons of the Code except Canons 8Ci2),
5D, and 5E,

Amended Oct. 29, 1982; June 8, 1998; amended July 3, 1996,
effective July 8, 1996.

COMMITTEE ON JUDICIAL ETHICS

To the end that these canons may be properly
interpreted, and in order to provide a forum to receive
‘inquiries from members of the judiciary related to the
interpretation of these canons, the Supreme Court
Committee on Judicial Ethics is hereby created. ‘The
function of this Committee shall be limited to the
issuance of advisory opinions on its own motion or in
response to inguiries from any judge insofar as these
canons may affect the judge.

‘The Committee shall consist of eleven members, as
follows:

(a) The Chief Justice and one other member of the
Supreme Court;

(b) The Chairperson of the Conference of Court of
‘Appeal Judges and one other Court of Appeal Judge;

(©) The President of the District. Judges Associa-
tion and two other District Judges;

(d) The President of the City Judges Association;

(e) One juvenile or family court judge;

(f) The Judicial Administrator; and

(g) The President of the Louisiana State Bar Asso-
ciation.

The members of said Committee shall be selected

and appointed in the following manner and for the
terms indicated:

DEF00129


5354

LAW LIBRARY CF LOUISIANA
LouIsIANA
RULES OF CouRT

STATE

1998 apg 44 2000

INCLUDING AMENDMENTS RECEIVED
THROUGH May 1, 1998

y_N
‘p WEST GROUP

DEF00104
PORT Exhibit 1001 (n)


5295

CODE OF JUDICIAL CONDUCT

Canon 3 App.

of a Court of Appeal, or the senior judge of a panel
‘of which the Chief Justice or Chief Judge is not a
member.

©. “Proceeding” means any hearing, motion, ar-
gument on appeal or other matter held in open court,
which the public is entitled to attend.

D. “Party” means 2 named litigant of record
who has appeared in the case, and includes a party’s
counsel of record,

E. “Media” means legitimate news gathering
and reporting agencies and their representatives.

F. “Court” means an appellate court and in-
cludes the Supreme Court of Louisiana and the
Courts of Appeal of the several cireuits.

Il, All extended media coverage of court pro-
ceedings shall be governed by the principle that the
decorum and dignity of the court, the courtroom
and the judicial process will be maintained at all
times. Resolution of any question of coverage or
procedure not specifically addressed in this section
will be guided by this overriding principle.

IIL A. The consent or approval of parties to
extended coverage is not required. Parties may
object to extended coverage by filing a written
objection stating the reasons therefor with the clerk
of court at least 10 days prior to the date of the
proceedings. Upon objection by a party, or on the
court’s own motion, the presiding judge may prohib-
it or limit extended coverage of « proceeding.

B. Extended coverage shall not be permitted in
any proceeding which by law must or may be held
in private.

C. The decision of the presiding judge on any
question of coverage shall be final and shall not be
subject to review by any other court,

IV. Extended coverage of a proceeding shall not
be permitted unless notice of intention to provide
extended coverage of a proceeding is given by the
media to the clerk of court at least 20 days in
advance of the proceeding, provided that only rea-
sonable notice shall be required for coverage of
expedited proceedings not regularly calendared, .

V. Extended coverage of court proceedings may
be provided by news media agencies and their repre-
sentatives. Film, videotape, photographs, and audio
reproduction shall not be used for commereial or
political advertising purposes. Such use of these
materials will be regarded as an unlawful interfer-
ence with the judicial process.

VI. Extended coverage of investitive or ceremo-
nial proceedings at variance with these guidelines
may be authorized by the court.

VII. When extended coverage is permitted, all
media representatives shall have equally the right
to provide coverage. When extended coverage is to

be provided by more than one media representative,
the media collectively should designate one repre-
sentative to coordinate with the court all matters
dealing with extended coverage. Any pooling ar-
rangements among the media required by the limi-
tations and restrictions on equipment and personnel
contained in these guidelines shall be the sole re-
sponsibility of the media and must be made in
advance of the court proceedings to be covered.
Judges and court personnel will not mediate any
dispute as to the appropriate media representative
or equipment authorized to cover a particular pro-
ceeding. If pooling arrangements cannot be made
or if there are unresolved media disputes, the pre-
siding judge may deny extended coverage of pro-
ccedings.

VIII, A. No more than two portable television
cameras, each operated by no more than one camera
person and positioned as unobtrusively as possible
at locations approved by the court, shall be permit-
ted to be physically in the courtroom. Only tele-
vision equipment which does not produce light or
distracting sound will be permitted. Videotape re-
cording equipment which is not a component part of
a television camera shall, whenever possible, be
located in an area outside the courtroom,

B. No artificial lighting device of any kind shall
be employed in connection with the television cam-
era, With the approval of the court, modifications
and additions to existing courtroom lighting may be
made provided such modifications or additions are
installed and maintained without public expense.
Multiple video/audio feeds may be permitted but
must be provided by a video/audio distribution sys-
tem, furnished by the media, located outside the
courtroom.

IX. A. No more than one still photographer,
using not more than two still cameras with not more
than two lenses for each camera without flash or
other artificial light, shall be permitted to be physi-
cally in the courtroom. Still cameras must not
produce distracting sound and should produce no
greater sound than the Leica M Series Rangefinder
camera, Motorized film advance systems will not
be permitted,

B. The photographer shall position himself in a
place designated by the presiding judge and remain
in that area except when the proceeding is in recess.
Changing of lenses or film will only be done during
a recess.

X. Only one audio system for radio broadcast
purposes will be permitted in the courtroom. Audio
pickup should be made from existing audio systems
in the courtroom whenever possible. If no techni-
cally suitable audio system exists in the courtroom,
microphones and related wiring shall be permitted
but must be unobtrusive and located in places desig

655

DEFO0045