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

Current through Register Vol. 54, No. 28, July 13, 2024
(1) This Code shall
				  constitute the ''canon of . . . judicial ethics'' referenced in Article V,
				  Section 17(b) of the Pennsylvania Constitution, which states, in pertinent
				  part: ''Justices and judges shall not engage in any activity prohibited by law
				  and shall not violate any canon of legal or judicial ethics prescribed by the
				  (Pennsylvania) Supreme Court.''
(2)
				  An independent, fair, honorable and impartial judiciary is indispensable to our
				  system of justice. The Pennsylvania legal system is founded upon the principle
				  that an independent, fair, impartial, and competent judiciary, composed of
				  persons of integrity, will interpret and apply the law that governs our
				  society. The judiciary consequently plays a fundamental role in ensuring the
				  principles of justice and the rule of law. The rules contained in this Code
				  necessarily require judges, individually and collectively, to treat and honor
				  the judicial office as a public trust, striving to preserve and enhance
				  legitimacy and confidence in the legal system.
(3) Judges should uphold the dignity of
				  judicial office at all times, avoiding both impropriety and the appearance of
				  impropriety in their professional and personal lives. They should at all times
				  conduct themselves in a manner that garners the highest level of public
				  confidence in their independence, fairness, impartiality, integrity, and
				  competence.
(4) The Pennsylvania
				  Code of Judicial Conduct denotes standards for the ethical behavior of judges
				  and judicial candidates. It is not an all-encompassing model of appropriate
				  conduct for judges and judicial candidates, but rather a complement to general
				  ethical standards and other rules, statutes and laws governing such persons'
				  judicial and personal conduct. The Code is designed to assist judges in
				  practicing the highest standards of judicial and personal conduct and to
				  establish a basis for disciplinary agencies to regulate judges'
				  conduct.
(5) The Rules of this Code
				  of Conduct are rules of reason that should be applied consistently with
				  constitutional requirements, statutes, other court rules, and decisional law,
				  and with due regard for all relevant circumstances. The Code is to be construed
				  so as not to impinge on the essential independence of judges in making judicial
				  decisions.
(6) Where a Rule
				  contains a permissive term, such as ''may'' or ''should,'' the conduct being
				  addressed is committed to the personal and professional discretion of the judge
				  or candidate in question, and no disciplinary action should be taken for action
				  or inaction within the bounds of such discretion. Moreover, it is not intended
				  that disciplinary action would be appropriate for every violation of the Code's
				  provisions. Whether disciplinary action is appropriate, and the degree of
				  discipline to be imposed, should be determined through a reasonable application
				  of the text and should depend on such factors as the seriousness of the
				  violation, the intent of the judge, whether there is a pattern of improper
				  activity, and the effect of the improper activity on others or on the judicial
				  system.
(7) This Code is not
				  designed or intended as a basis for civil or criminal liability. Neither is it
				  intended to be the basis for litigants to seek collateral remedies against each
				  other or to obtain tactical advantages in proceedings before a court.
(8) The pennsylvania Judicial Ethics Advisory
				  Board is designated as the approved body to render advisory opinions and
				  general guidance regarding ethical concerns involving judges, other judicial
				  officers and judicial candidates subject to the Code of Judicial Conduct.
				  action taken in reliance thereon and pursuant thereto shall be treated as set
				  forth in rules 103 and 206 of the Rules of the Pennsylvania Judicial Ethics
				  Advisory Board in determining whether discipline should be recommended or
				  imposed.
(9) In 2014, this Code was
				  reformatted and revised in material respects, upon guidance taken from the 2011
				  edition of the American Bar Association's Model Code of Judicial Conduct, other
				  states' codes, and experience.