Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › Terminology

Current through Register Vol. 54, No. 28, July 13, 2024
Aggregate
-In relation to contributions
					 for a candidate, includes contributions in cash or kind made directly to a
					 candidate's campaign committee or indirectly with the understanding that they
					 will be used to support the election of a candidate or to oppose the election
					 of the candidate's opponent.
Appropriate authority
-The authority
					 having responsibility for initiation of disciplinary process in connection with
					 the violation to be reported.
Contribution
-Both financial and in-kind
					 contributions, such as professional or volunteer services, advertising, and
					 other assistance, which if otherwise obtained, would require a financial
					 expenditure.
Domestic partner
-A person with whom
					 another person maintains a household and an intimate relationship, other than a
					 person to whom he or she is legally married.
Economic interest
-More than a
de
					 minimis
legal or equitable ownership interest. Except for situations
					 in which the judge participates in the management of such a legal or equitable
					 interest, or the interest could be substantially affected by the outcome of a
					 proceeding before a judge, it does not include:
(1) an interest in the individual holdings
				  within a mutual or common investment fund;
(2) an interest in securities held by an
				  educational, religious, charitable, fraternal, or civic organization in which
				  the judge or the judge's spouse, domestic partner, parent, or child serves as a
				  director, an officer, an advisor, or other participant;
(3) a deposit in a financial institution or
				  deposits or proprietary interests the judge may maintain as a member of a
				  mutual savings association or credit union, or similar proprietary interests;
				  or
(4) an interest in the issuer of
				  government securities held by the judge.
Fiduciary
-Includes relationships such as
					 executor, administrator, trustee, or guardian.
Impartial, impartiality,
					 impartially
-Absence of bias or prejudice in favor of, or against,
					 particular parties or classes of parties, as well as maintenance of an open
					 mind in considering issues that may come before a judge.
Impending matter
-A matter that is
					 imminent or expected to occur in the near future.
Impropriety
-Includes conduct that
					 violates the law, court rules, or provisions of this Code, and conduct that
					 undermines a judge's independence, integrity, or impartiality.
Independence
-A judge's freedom from
					 influence or controls other than those established by law or Rule.
Integrity
-Probity, fairness, honesty,
					 uprightness, and soundness of character.
Judicial candidate
-Any person, including
					 a sitting judge, who is seeking appointment, election or retention to 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 appointment or election authority, or where permitted, engages in
					 solicitation or acceptance of contributions or support, or is nominated for
					 appointment or election to office.
Knowingly, knowledge, known, and
					 knows
-Actual knowledge of the fact in question. A person's knowledge
					 may be inferred from the circumstances.
Law
-Refers to constitutional provisions,
					 statutes, decisional law, Supreme Court Rules and directives, including this
					 Code of Judicial Conduct and the Unified Judicial System Policy of
					 Non-Discrimination and Equal Opportunity, and the like which may have an effect
					 upon judicial conduct.
Member of the candidate's family
-The
					 spouse, domestic partner, child, grandchild, parent, grandparent, or other
					 relative or person with whom the candidate maintains a close familial
					 relationship.
Member of the judge's family
-The spouse,
					 domestic partner, child, grandchild, parent, grandparent, or other relative or
					 person with whom the judge maintains a close familial relationship.
Member of the judge's family residing in the
					 judge's household
-Any relative of a judge by blood or marriage, or a
					 person treated by a judge as a member of the judge's family, who resides in the
					 judge's household.
Nonpublic information
-Information that is
					 not available to the public. Nonpublic information may include, but is not
					 limited to, information that is sealed by statute or court order or impounded
					 or communicated in camera, and information offered in grand jury proceedings,
					 presentence reports, dependency cases, or psychiatric reports.
Party
-A person or entity who has a legal
					 interest in a court proceeding.
Pending matter
-A matter that has
					 commenced and continuing on until final disposition.
Personally solicit
-A direct request made
					 by a judge or a judicial candidate for financial support or in-kind services,
					 whether made by letter, telephone, or any other means of communication.
Political organization
-A political party
					 or group sponsored by or affiliated with a political party or candidate, the
					 principal purpose of which is to further the election or appointment of
					 candidates for political office, excluding a judicial candidate's campaign
					 committee created as authorized by this Code.
Public election
-Includes primary,
					 municipal, and general elections, partisan elections, nonpartisan elections,
					 and retention elections.
Third degree of relationship
-Includes the
					 following persons: great-grandparent, grandparent, parent, uncle, aunt,
					 brother, sister, child, grandchild, great-grandchild, nephew, and niece.