Ga. Code. Jud. Cond. 2.3

As amended through April 25, 2024

Rule 2.3 - Bias, Prejudice, and Harassment

(A) Judges shall perform judicial duties without bias or prejudice.

(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon age, disability, ethnicity, gender or sex, marital status, national origin, political affiliation, race, religion, sexual orientation, or socioeconomic status. Judges shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.

(C) Judges shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including, but not limited to, age, disability, ethnicity, gender or sex, marital status, national origin, political affiliation, race, religion, sexual orientation, or socioeconomic status, against parties, witnesses, lawyers, or others.

(D) This Rule does not preclude legitimate advocacy when age, disability, ethnicity, gender or sex, marital status, national origin, political affiliation, race, religion, sexual orientation, or socioeconomic status, or other similar factors are issues in the proceeding.

Commentary:

[1] Judges must refrain from speech, gestures, or other conduct that could reasonably be perceived as prejudiced or biased or as harassment and must require the same standard of conduct of others subject to their direction and control.

[2] Judges must perform judicial duties impartially and fairly. Judges who manifest bias on any basis in a proceeding impair the fairness of the proceeding and bring the judiciary into disrepute. Facial expression and body language, in addition to oral communication, can give to parties, lawyers, jurors, the media, and others an appearance of judicial bias. Judges must be alert to avoid behavior that may be perceived as prejudicial.

[3] Sexual harassment includes, but is not limited to, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwelcome.

[4] Judges who permit others to manifest bias or prejudice on any basis in a proceeding impair the fairness of the proceeding and bring the judiciary into disrepute.

[5] Examples of manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning nicknames; negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant references to personal characteristics. Even facial expressions and body language can convey to parties and lawyers in the proceeding, jurors, the media, and others an appearance of bias or prejudice.

Ga. Code. Jud. Cond. 2.3

Adopted effective January 1, 2016.