Haw. Code. Jud. Cond. 2.3

As amended through September 30, 2024

Rule 2.3 - Bias, Prejudice, and Harassment

(a) A judge shall perform the duties of judicial office without bias or prejudice.

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

(c) A judge shall require lawyers in proceedings before the court torefrain from manifesting bias or prejudice, or engaging in harassment, basedupon attributes, including but not limited to race, sex, gender, gender identity,gender expression, religion, national origin, ethnicity, disability, age, sexualorientation, marital status, socioeconomic status, or political affiliation, againstparties, witnesses, lawyers, or others.

(d) The restrictions of Rules 2.3(b) and (c) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding.

Haw. Code. Jud. Cond. 2.3

Amended June 19, 2017, effective 7/1/2017.

COMMENT:

[1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute.

[2] 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. A judge must avoid conduct that may reasonably be perceived as prejudiced or biased.

[3] Harassment, as referred to in Rules 2.3(b) and (c), is verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, political affiliation, or personal characteristics.

Code Comparison

The Hawai'i Revised Code of Judicial Conduct modifies ABA Model Code Comment [3] by adding personal characteristics.

[4] 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.