[4] The Code of Judicial Conduct is not intended as an exhaustive guide for the conduct of judges and judicial candidates. They should also be governed in their professional and personal conduct by general ethical standards. Judges and judicial candidates should strive to achieve the highest ethical standards, even if not required by this Code. The mandatory provisions of the Canons and the Rules describe the basic minimal ethical requirements that should govern the behavior of all judges and judicial candidates, and provide guidance to assist them in establishing and maintaining high standards of professional and personal conduct. [5] The Canons and the Rules should be applied as rules of reason consistent with constitutional requirements, statutes, other court rules, and decisional law, including advisory opinions issued by the Judicial Qualifications Commission, as well as in the context of all relevant circumstances. The Code is to be construed so as not to impinge on the essential independence of judges in making judicial decisions, or on judges' First Amendment rights of freedom of speech and association.[6] The Canons and the Rules are intended to govern conduct of judges and judicial candidates, and in certain circumstances to be binding upon them. It is not intended, however, that every transgression will result in disciplinary action. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system. [7] The Code is designed to provide guidance to judges and judicial candidates and to provide a structure for regulating conduct through disciplinary agencies. It is not designed for nor intended as a basis for civil liability or criminal prosecution. 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.Ga. Code. Jud. Cond. Canon Scope
Adopted effective January 1, 2016.