Mo. R. Gov. Bar Jud. Terminology

As amended through September 3, 2024
Rule - Terminology

"Appropriate disciplinary authority" means the authority having responsibility for initiation of disciplinary process in connection with the violation to be reported. See Rules 2-2.14 and 2-2.15.

"Contribution" means both financial and in-kind contributions, such as goods, professional or volunteer services, advertising, and other types of assistance, that, if obtained by the recipient otherwise, would require a financial expenditure. See Rules 2-3.13, 2-4.1, and 2-4.2.

"De minimis," in the context of interests pertaining to recusal of a judge, means an insignificant interest that could not raise a reasonable question regarding the judge's impartiality. See Rule 2-2.11 and 2-3.8.

"Economic interest" means ownership of more than a de minimis legal or equitable interest. Except for situations in which the judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a judge, it does not include:

(1) an interest in the individual holdings within a mutual or common investment fund;
(2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the judge or the judge's spouse, parent, or child serves as a director, an officer, an advisor, or other participant;
(3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests;
(4) an interest in the issuer of government securities held by the judge; or
(5) ownership or other financial interest in small publicly traded corporations, unless a proceeding pending or impending before the judge could substantially affect the value of the shares. See Rules 2-1.3, 2-2.11, 2-3.2 and 2-3.8.

"Fiduciary" includes relationships such as personal representative, executor, administrator, trustee, attorney-in-fact under power of attorney, conservator, or guardian. See Rules 2-2.11, 2-3.2, and 2-3.8.

"Impartial," "impartiality," and "impartially" mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge. See Canons 1, 2, and 4, and Rules 2-1.2, 2-2.2, 2-2.4, 2-2.6, 2-2.7, 2-2.10, 2-2.11, 2-2.13, 2-3.1, 2-3.2, 2-3.4, 2-3.6, 2-3.12, 2-3.13, and 2-4.2.

"Impending matter" is a matter that is imminent or expected to occur in the near future. See Rules 2-2.9, 2-2.10, 2-3.2, and 2-3.13.

"Impropriety" includes conduct that violates the law, court rules, or provisions of this code, and conduct that undermines a judge's independence, integrity, or impartiality. See Canon 1 and Rules 2-1.2, 2-2.7, and 2-3.13.

"Independence" means a judge's freedom from influence or controls other than those established by law. See Canons 1 and 4, and Rules 2-1.2, 2-2.4, 2-2.7, 2-2.10, 2-3.1, 2-3.4, 2-3.6, 2-3.12, and 2-3.13. "Integrity" means probity, fairness, honesty, uprightness, and soundness of character. See Canons 1 and 4, and Rules 2-1.2, 2-2.7, 2-2.10, 2-2.16, 2-3.1, 2-3.6, 2-3.12, and 2-3.13.

"Judicial candidate" means any person, including a sitting judge, who is 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 makes a public announcement of candidacy, declares or files as a candidate with the election or appointment authority, authorizes or, where permitted, engages in solicitation or acceptance of contributions or support, or is nominated for election or appointment to office. See Canon 4 and Rules 2-2.11, 2-4.1, and 2-4.2.

"Knowingly," "knowledge," "known," and "knows" mean actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. See Rules 2-1.3, 2-2.5, 2-2.11, 2-2.15, 2-2.16, 2-3.5, 2-3.6, and 2-4.2.

"Law" encompasses court rules as well as ordinances, administrative regulations, statutes, constitutional provisions, and decisional law. See Rules 2-1.1, 2-1.2, 2-1.3, 2-2.1, 2-2.2, 2-2.4, 2-2.6, 2-2.7, 2-2.8, 2-2.9, 2-2.13, 2-3.1, 2-3.2, 2-3.4, 2-3.6, 2-3.7, 2-3.9, 2-3.10, 2-3.12, 2-3.13, 2-3.14, 2-4.1, and 2-4.2.

"Member of the candidate's family" means a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the candidate maintains a close familial or intimate relationship. See Rule 2-4.2.

"Member of the judge's family" means a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial or intimate relationship. See Rules 2-2.11, 2-3.5, 2-3.8, 2-3.10, and 2-3.11.

"Member of a judge's family residing in the judge's household" means 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 resides in the judge's household. See Rules 2-2.11 and 2-3.13.

"Nonpublic information" means information that is not available to the public. Nonpublic 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. See Rule 2-3.5.

"Pending matter" is a matter that has commenced. A matter continues to be pending through any appellate process until final disposition. See Rules 2-2.9, 2-2.10, 2-2.11, 2-3.2, and 2-3.13.

"Personally solicit" means a direct request made by a judge or a judicial candidate for financial support or in-kind services, whether made in person, by letter, telephone, or any other means of communication. See Rules 2-3.7 and 2-4.2.

"Political campaign" means election contests between and among candidates for office. See Rule 2-4.1.

"Public election" includes primary and general elections, partisan elections, nonpartisan elections, and retention elections. See Rule 2-4.2.

"Third degree of relationship" includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See Rule 2-2.11.

Mo. R. Gov. Bar Jud. Terminology

Adopted Jan. 29, 1998, eff. 1/1/1999. Amended July 20, 2011, eff. 1/1/2012.