Terminology
The terms defined below are noted using italic print in the Rules, Preamble and Scope, Application and Terminology sections of this Code. In the Commentary, which is presented using italic print, these defined terms are noted by use of regular print. The Code's concluding Appendix to Citations of Terminology lists specific Canons, Rules, and Commentary where defined terms are used.
"Aggregate," in relation to contributions for a judicial candidate, means not only contributions in cash or in kind made directly to a judicial candidate or the judicial candidate's campaign committee within the current or immediately preceding election cycle, but also all contributions made indirectly or independently with the knowledge that they will be used to influence the election.
"Appropriate action" means action intended and reasonably likely to prevent harm to the justice system and help the judge or lawyer in question address the problem. Appropriate action may include, but is not limited to, communicating directly with the judge who may have violated this Code, communicating with a supervising judge, or reporting the suspected violation to the appropriate authority or other agency or body. Similarly, actions to be taken in response to information indicating that a lawyer has committed a violation of the Rules of Professional Conduct may include, but are not limited to, communicating directly with the lawyer who may have committed the violation, or reporting the suspected violation to the appropriate authority or other agency or body.
"Appropriate authority" denotes the authority with responsibility for initiation of disciplinary process with respect to the violation to be reported, which in most cases is the Judicial Qualifications Commission.
"Campaign committee" is defined as that term is defined by the "Georgia Government Transparency and Campaign Finance Act of 2010" (OCGA § 21-5-3), as may be amended from time to time.
"Campaign contribution disclosure report" is defined as that term is defined by the "Georgia Government Transparency and Campaign Finance Act of 2010" (OCGA § 21-5-3), as may be amended from time to time.
"Comment" in connection with a case refers to evaluative statements judging the professional wisdom of specific lawyering tactics or the legal correctness of particular court decisions. In contrast, it does not mean the giving of generally informative explanations to describe litigation factors including the prima facie legal elements of case types pending before the courts, legal concepts such as burden of proof and duty of persuasion or principles such as innocent until proven guilty and knowing waiver of constitutional rights, variable realities illustrated by hypothetical factual patterns of aggravating or mitigating conduct, procedural phases of unfolding lawsuits, the social policy goals behind the law subject to application in various cases, as well as competing theories about what the law should be.
"Contribution" is defined as that term is defined by the "Georgia Government Transparency and Campaign Finance Act of 2010" (OCGA § 21-5-3), as may be amended from time to time.
"De minimis" denotes an insignificant interest that could not raise reasonable question as to a judge's impartiality.
"Degree of relationship" means relatives within a specified range of kinship, such as the third or the sixth degree of relationship. By the civil law, this calculation is taken from the first person in interest up to the common relative, and then down again to the second person in interest. Each step is counted as one degree. See Watkins v. State, 125 Ga. 143, 144 (53 SE 1024 ) (1906).
"Domestic partner" means a person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married.
"Economic interest" denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor, or other active participant in the affairs of a party, except that: (i) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities, unless the judge participates in the management of the fund or a pending proceeding or impending matter before the judge could substantially affect the value of the interest; (ii) service by a judge as an officer, director, advisor, or other active participant in an educational, religious, charitable, fraternal, or civic organization, or service by a judge's spouse, domestic partner or intimate partner, parent, or child as an officer, director, advisor, or other active participant in any organization does not create an economic interest in securities held by that organization; (iii) a deposit in a financial institution, or the proprietary interest of a policyholder in a mutual insurance company, or of a depositor in a mutual savings association, is not an economic interest in the organization unless a pending proceeding or impending matter before the judge could substantially affect the value of the interest; (iv) ownership of government securities is not an economic interest in the issuer unless a pending proceeding or impending matter before the judge could substantially affect the value of the securities held by the judge.
"Election cycle" is defined as set forth in the "Georgia Government Transparency and Campaign Finance Act of 2010" (OCGA § 21-5-3), as may be amended from time to time.
"Family" means a spouse, domestic partner, intimate partner, child, grandchild, parent, grandparent, or other relative or person or in-laws thereof with whom the judge maintains a close familial relationship.
"Fiduciary" includes such relationships as executor, administrator, trustee, guardian, or conservator.
"Financial disclosure statement" is defined as set forth in the "Georgia Government Transparency and Campaign Finance Act of 2010" (OCGA § 21-5-50), as may be amended from time to time.
"Impartial," "impartiality," and "impartially" mean absence of bias or prejudice in favor of, or against, a particular party, parties, or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge.
"Impending matter" is a matter or judicial proceeding that is imminent or expected to occur in the near future.
"Impropriety" includes conduct that violates the law, court rules, or provisions of this Code; or conduct that undermines a judge's independence, integrity, or impartiality; or conduct prejudicial to the administration of justice that brings the judiciary into disrepute.
"Independence" means a judge's freedom from influence or controls other than those established by law.
"Integrity" means probity, fairness, honesty, uprightness, and soundness of character.
"Intimate partner" means a person with whom another person maintains an intimate relationship, other than a person to whom he or she is legally married.
"Invidious discrimination" is any action by an organization that characterizes a person's age, disability, ethnicity, gender or sex, marital status, national origin, race, religion, or sexual orientation as odious or as signifying inferiority, which therefore is used to justify arbitrary exclusion of persons possessing those traits from membership, position, or participation in the organization.
"Judicial candidate" is a person, including an incumbent judge, seeking selection for or retention in judicial office by election or appointment. A person becomes a candidate for judicial office as soon as he or she: (1) appoints or forms a campaign committee, (2) makes a public announcement of candidacy, (3) declares, files or qualifies as a candidate with the election or appointment authority, or (4) authorizes solicitation or acceptance of contributions or support. A person who is announced as the appointee to fill a judicial position by the Governor or other appointing authority, or who is certified as elected to a judicial position, continues to be a judicial candidate until he or she is sworn into office. Judicial candidates who do not currently hold judicial office are subject to the same Code provisions as judges pro tempore.
"Knowingly," "knowledge," "known," or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.
"Law" denotes court rules as well as statutes, constitutional provisions, judicial emergency orders filed by a Chief Judge or the Chief Justice pursuant to OCGA §§ 38-3-61 and 38-3-62, and decisional law, including the Code of Judicial Conduct and Advisory Opinions of the Judicial Qualifications Commission.
"Member of a judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who is residing or has resided in the judge's household.
"Non-public information" denotes information that, by law, is not available to the public. Non-public information may include, but is not limited to, information that is sealed by statute or court order or impounded or communicated in camera, and information offered in grand jury proceedings, presentencing reports, dependency cases, or psychiatric reports.
"Pending proceeding" is a proceeding that has commenced. A matter continues to be pending through any appellate process until final disposition.
"Personally solicit" means a direct request made by a judge or a judicial candidate for financial support or in-kind services, whether made by letter, telephone, e-mail, social media, or any other means of communication.
"Political organization" denotes a political party or other group, the principal purpose of which is to further the election or appointment of candidates to political or public office. For purposes of this Code, the term does not include a judicial candidate's campaign committee.
"Public election" includes primary and general elections; it includes partisan elections and nonpartisan elections and may include (as context demands) retention elections.
"Require" means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. The rules prescribing that a judge "require" certain conduct of others are, like all of the rules in this Code, rules of reason.
"Serious crime" means any felony; any lesser crime that reflects adversely on the judge's honesty, trustworthiness, or fitness as a judge in other respects; crimes involving moral turpitude; driving under the influence of drugs and/or alcohol; unlawful possession of any controlled substance; or any crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or willful failure to file income tax returns, or an attempt, conspiracy, or solicitation of another to commit a serious crime.
"Support" is defined as non-monetary assistance to a candidate.