Judicial Canons: The Codes of Conduct Judges Follow

What judicial canons are

In judicial ethics, a canon is a broad rule of conduct. Each canon is followed by more specific rules and commentary. These judicial canons are separate from church canon law, though both use the old word for a rule. They set standards for how judges decide cases and how they behave off the bench.

The Code of Conduct for United States Judges

The Judicial Conference first adopted this code on April 5, 1973, and the current version took effect March 12, 2019. It applies to federal circuit, district, Court of International Trade, Court of Federal Claims, bankruptcy and magistrate judges. It has five canons:

• Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary
• Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities
• Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently
• Canon 4: A Judge May Engage in Extrajudicial Activities That Are Consistent With the Obligations of Judicial Office
• Canon 5: A Judge Should Refrain From Political Activity

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.

Code of Conduct for United States Judges, Canon 2A

Canon 3A(4) also limits private contact about a case. In general, a judge “should not initiate, permit, or consider ex parte communications” about a pending matter outside the presence of the parties or their lawyers.

The Supreme Court’s code

The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules. To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct.

Code of Conduct for Justices of the Supreme Court of the United States, Statement of the Court (Nov. 13, 2023)

The lower-court code does not cover the Justices. Their code, issued on Nov. 13, 2023, also has five canons, worded much like the lower-court code.

State judges and the ABA Model Code

State judges follow their own state codes, which are usually based on the ABA Model Code of Judicial Conduct. The ABA adopted Canons of Judicial Ethics in 1924 and a Code of Judicial Conduct on Aug. 16, 1972. Its current Model Code dates from Aug. 7, 1990, with major revisions on Feb. 12, 2007, and has four canons:

• Canon 1: uphold and promote the independence, integrity and impartiality of the judiciary, and avoid impropriety and its appearance.
• Canon 2: perform the duties of judicial office impartially, competently and diligently.
• Canon 3: conduct personal and extrajudicial activities to minimize the risk of conflict with judicial duties.
• Canon 4: no political or campaign activity inconsistent with the independence, integrity or impartiality of the judiciary.

Enforcing the canons: recusal and complaints

By statute, “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned” (28 U.S.C. § 455(a)). In addition, the Due Process Clause can require recusal. In Caperton v. A.T. Massey Coal Co., 556 U.S. 868, 884 (2009), the Court found “a serious risk of actual bias” where a litigant’s campaign spending had a “significant and disproportionate influence” in electing the judge hearing his case.

Anyone may file a written complaint that a federal judge “has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts” with the clerk of the court of appeals for the circuit (28 U.S.C. § 351(a)). A complaint is not a way to appeal a ruling, however. Judges also have broad immunity from lawsuits over their judicial acts; see judicial immunity.

Researching judicial canons in your state

To research judicial canons for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• uscourts.gov
• supremecourt.gov
• americanbar.org
• law.cornell.edu
• law.cornell.edu

Related reading on Lawtopolis:

• Lawyer Ethics Canons: From the 1908 Canons to the Model Rules
• Canons of Construction: How Courts Interpret Statutes
• What Is Canon Law? Definition, Sources and Scope
• Judicial and Official Immunity: What Bradley, Pierson, Stump and Pulliam Hold