Judicial Conduct · 2-8% of the exam
23.2.1Bias, competence, and decorum (CJC Rules 2.2–2.8)
On this page
- CJC Rules 2.2, 2.3, 2.5, 2.6, 2.7, 2.8
Plain English
Apply the law without personal approval or disapproval, and keep the competence, diligence and decorum the role needs. Bias or harassment on a prohibited basis reaches nonverbal conduct, facial expressions and body language included.
Rule
CJC Rules 2.2, 2.3, 2.5, 2.6, 2.7, 2.8
CJC Rule 2.2 (Impartiality): apply the law without personal approval or disapproval; good-faith errors of fact or law are NOT violations; reasonable accommodations for pro se litigants are NOT violations.
CJC Rule 2.3 (Bias, prejudice, harassment): prohibited bases include, but are not limited to — race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, political affiliation; harassment includes verbal, physical, AND nonverbal conduct (facial expressions, body language) that denigrates or shows hostility on any prohibited basis; applies to all duties, including administrative; judge must require lawyers appearing before the court to refrain from prohibited conduct.
CJC Rule 2.5 (Competence and diligence): legal knowledge, skill, thoroughness, and preparation reasonably necessary for the role; should seek needed docket time, court staff, expertise, and resources (cmt [2]); must minimize unnecessary cost or delay; must cooperate with other judges and court officials in the administration of court business.
CJC Rule 2.6 (Right to be heard): every person with a legal interest has the right to be heard; judge may encourage settlement but shall not coerce it.
CJC Rule 2.7 (Responsibility to decide): must hear and decide all assigned matters except where disqualification is required; cannot use disqualification to avoid difficult, controversial, or unpopular cases.
CJC Rule 2.8 (Decorum): patience, dignity, and courtesy are required; praise or fault-finding directed at a jury's verdict is barred unless it appears in a written order or opinion; jurors who choose to stay after trial may meet with the judge, but the merits are off-limits.
Questions · 2
Q 01ch23-e03
Question 1 of 2 · Rule CJC 2.3
Judge presides over a busy small-claims docket. Plaintiff, who was born abroad and testified through an interpreter, brought a claim against a used-car dealer. Each time Plaintiff answered a question, Judge exhaled loudly, rolled her eyes, and turned her chair toward the wall. Twice Judge mimicked the cadence of the interpreter's speech to the courtroom clerk, who laughed. Judge said nothing about where Plaintiff came from and used no slur. Judge ultimately ruled for Plaintiff and awarded the full amount claimed. A spectator complained about the judge's demeanor during the hearing. Is Judge subject to discipline?
Keys 1 to 4 choose.