The standards that follow this Canon are binding and authoritative in interpreting the Canon. Some standards will include illustrations. Such illustrations are intended to be applied to achieve the purposes of the Canon.
A.Public and private behaviorJudges, by virtue of their office, have been placed in a position of public trust. While judges should engage in public matters and serve their communities, they must govern their public and private behavior to ensure the greatest public confidence in the judge's independence, impartiality, integrity, and competence.
B.Participation in judicial selection processA judge may participate in the process of judicial selection by cooperating with and responding to members of appointing authorities or screening committees, such as a bar association screening committee concerning a person being considered for a judgeship. See also Canon 1F.
C.VotingA judge may vote in general, primary, and special elections. For purposes of these Canons, voting in a special or primary election does not constitute participation in a political activity. The act of a judge voting in a special or primary election, like voting in general elections, is the discharge of an honorable civic duty and an obligation of responsible citizenship.
D.Participation in politics1. A judge is required to refrain from political activity on behalf of a political organization or candidate. Public confidence in the independence and impartiality of the judiciary is eroded if judges are perceived to be subject to political influence. This means that a judge must not act as a leader or hold any office in a political organization; make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office; or solicit funds for or pay an assessment or make a contribution to apolitical organization or candidate, attend political gatherings, or purchase tickets for political party dinners, or other political functions.2. A judge must resign the judge's office when the judge becomes a candidate either in a party primary or in a general election for a public office. A person governed by these Canons may not simultaneously hold elective office and serve as a judge. For the purpose of this standard, serving as a delegate in a state constitutional convention does not constitute a public office.3. A judge must not engage in any other political activity except on behalf of measures to improve the law, the legal system, or the administration of justice.E.Refraining from public comment regarding pending or impending cases1. A judge must abstain from public comment about a pending or impending proceeding in any court and should direct similar abstention on the part of court personnel subject to his or her direction and control. This provision does not prohibit judges or court personnel from speaking on the legal system or the administration of justice, or from explaining for public information the procedures of the court. This provision does not apply to proceedings in which the judge is a litigant in a personal capacity.2. The requirement that judges abstain from public comment regarding a pending or impending proceeding continues during any appellate process and through final disposition, including disposition after remand. Even after final disposition of a proceeding, a judge must refrain from public comment that would undermine the public's confidence in the judiciary or its decision making. Public confidence would be undermined, for example, by speech, written or oral, made in a derisive or derogatory tone, such that its overall import is to insult rather than analyze. This prohibition does not limit a judge's ability to comment on proceedings when such comments are made in the context of ruling on an issue or case, or participating in activities allowed by Canon 2L(2). Moreover, this provision does not prohibit a judge from commenting on proceedings in which the judge is a litigant in a personal capacity or prohibit a judge from writing, lecturing, speaking, or teaching on legal subjects consistent with Standard 1M. In cases such as a writ of mandamus, a judge is a litigant in an official capacity and must not comment publicly.F.Use of nonpublic information acquired in a judicial capacityA judge may not disclose or use, for any purpose unrelated to judicial duties, information acquired in a judicial capacity but not otherwise generally available to the public, such as from public court proceedings or public documents filed.
G.Service as a fiduciary1. A judge may serve as executor, administrator, or other personal representative, trustee, guardian, attorney in fact, or other fiduciary for the estate, trust, or person of a member of the judge's family or a non-family member who lives with the judge or for whom the judge has an existing relationship as a caregiver or caretaker; provided, however, that a judge may not serve as a fiduciary if it is likely that as a fiduciary the judge will be engaged in litigation in any courts of the Commonwealth.2. The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity.3. The restrictions imposed by this standard may conflict with the judge's obligation as a fiduciary, thereby necessitating the judge's resignation as fiduciary.4. This section does not apply to all judges as set forth in Exceptions to Applicability 3 and 4.5. The following illustration is an example of a circumstance in which a judge should resign as fiduciary under these standards: A judge should resign as trustee if detriment to the trust would result from divestiture of holdings the retention of which would place the judge in violation of any of these Canons.H.Service on boards of charitable, civic, religious, fraternal, or educational institutions1. A judge may serve as an officer, director, trustee, or non-legal advisor of an organization devoted to the improvement of the law, the legal system, or the administration of justice, or of an educational, religious, charitable, fraternal, or civic organization not conducted for profit, subject to the limitations of standard 2H(2) and the other requirements of these Canons.2. A judge may not serve as an officer, director, trustee, or non-legal advisor of a governmental, civic, or charitable organization if it is likely that the organization: (a) will be engaged in proceedings that would ordinarily come before the judge, or(b) will be engaged frequently in adversary proceedings in the court of which the judge is a member or in any court subject to the appellate jurisdiction of the court of which the judge is a member.3. This section does not apply to all judges as set forth in Exception to Applicability 4.I.Exercise of religious beliefsA judge is permitted to participate in religious activities and services, including but not limited to reading from the sacred texts of the judge's religious tradition; serving as a cantor, lector, speaker, or preacher; leading prayers; giving a personal faith story; serving communion; lighting candles or participating in other religious rituals; or serving as an usher, including passing collection plates or baskets, so long as the judge does not personally request participants to give or pledge funds. A judge's participation in a religious service in which attendees are asked to give or pledge funds, or become members, is not deemed to constitute the direct, individual solicitation of funds that is prohibited by this Canon and such participation is permitted.
J.Membership in discriminatory organizations1. A judge may not hold membership in any organization that practices invidious discrimination against any protected class of individuals. Further, a judge may not hold a membership in any organization that discriminates in a manner that would give rise to the reasonable perception that the judge's impartiality is impaired.2. A judge's membership in a religious denomination or organization as a lawful exercise of the freedom of religion is not a violation of this Canon.K.Comment regarding a jury's verdictA judge may not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding but may express appreciation to jurors for their service to the judicial system and to the community.
L.Extrajudicial activities1. Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the community.2. A judge may engage in extrajudicial activities designed to improve the law, the legal system, and the administration of justice, and must conduct any such extrajudicial activities in a manner that minimizes the risk of conflict with judicial obligations. A judge may speak, write, lecture, participate in moot courts, or teach about the law, the legal system, the administration of justice, and non-legal subjects, subject to the requirements of these Canons.3. A judge is required to conduct all extrajudicial activities so that they do not: (a) cast reasonable doubt on the judge's capacity to act impartially; however, reasonable doubt as to a judge's impartiality cannot be shown merely because the judge in a respectful manner writes, lectures, speaks, or teaches on legal subjects consistent with Standard 1M;(b) demean the judicial office; or(c) interfere with the proper performance of judicial duties.4. Becoming a judge does not require a judge to abdicate his or her parental authority and responsibility. A judge has a right to participate in the education of his or her minor children, and, where appropriate or upon invitation, his or her adult children.5. In conducting personal business, a judge may wish to be contacted at his or her place of employment. For security reasons, a judge may not want to provide the judge's personal addresses or telephone numbers. A judge is allowed to provide the judge's business contact information to any person with whom the judge transacts personal business, so long as the judge does not do so in an attempt to exploit the judge's official position or to obtain treatment different from the treatment that a person who is not a judge would receive.6. A judge who provides information about the judge's official position or requests assistance due to reasonable concerns about the safety of the judge or a member of the judge's family will not be deemed to be in violation of the Canons.7. The following illustrations are examples of activities that are permitted under this standard: (a) A judge may attend parent-teacher conferences and meetings with officials of schools or educational institutions regarding the educational progress, social progress, or discipline of the judge's child or any child under the judge's custody or care. A judge in this capacity acts not as a judge, but as a parent. In doing so, the judge must not employ coercion or assert the prestige of judicial office. The mere fact that a judge attends such a conference or meeting will not be deemed coercive without other accompanying coercive conduct or statements.(b) Due to safety concerns, a judge may ask a security guard or law enforcement officer at an event to escort the judge to the judge's parked vehicle when such services are not normally provided to the general public.M.Pro Bono Publico and access to justice1. A judge may promote broader access to justice by encouraging lawyers to participate in pro bono publico legal services, if in doing so the judge does not employ coercion or abuse the prestige of judicial office. Such encouragement may take many forms, including providing a list of available programs, training lawyers to do pro bono publico service, and participating in events recognizing lawyers who have done pro bono publico work, including nominating lawyers for such recognition. A judge may assist an organization in the recruitment of lawyers or law firms to provide these services so long as the recruitment effort cannot reasonably be perceived as coercive. This includes a judge requesting an attorney to accept pro bono representation of a party in a proceeding pending before the judge.2. A judge may participate in programs concerning the law which promote the provision of pro bono legal services, may serve on the governing boards of organizations which promote the provision of pro bono legal services, and may provide leadership in convening, participating, or assisting in advisory committees and community collaborations devoted to the provision of legal services to the indigent or those with low income. A judge may also support projects and programs directly related to the provision of services to indigent and low-income individuals coming before the courts and may comment upon the need for funding of such projects and programs.N.Avoiding governmental appointments except as pertain to improvement of the law, the legal system, or the administration of justice1. A judge may not appear at a public hearing before, or otherwise consult with, an executive or legislative body or official except on matters concerning the law, the legal system, or the administration of justice, or except when acting pro se in a matter involving the judge or the judge's interests. When appearing pro se a judge must explain that he or she is acting solely in a personal capacity. This section does not apply to all judges as set forth in Exception to Applicability 3 and 4.2. A judge may represent a country, state, or locality on ceremonial occasions or in connection with historical, educational, or cultural activities.3. A judge may serve on a governmental committee or commission for which the judicial membership is provided by law or that involves the improvement of the law, the legal system, or the administration of justice, provided the judge's role is limited to discussion of and voting on matters that are not issues in specific cases pending before or likely to come before the judge. Such service may include participating on committees or task forces created by the executive and legislative branches of state government, or by local governments, to review policies affecting entities that interact with the judicial system. Notwithstanding the foregoing, a judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice. This section does not apply to all judges as set forth in Exceptions to Applicability 3 and 4.4. Nothing contained in these Canons is deemed to prohibit a judge from serving in a nonvoting capacity on the board or a committee, or as a trained volunteer, of The Virginia Judges & Lawyers Assistance Program, or any similar governmental program for judges or lawyers.O.Fund raising1. This Canon is not intended to prohibit judges from participating in all charitable events. Judges are encouraged to be involved in community activities so long as the judge does not participate in the direct solicitation of funds and the prestige of the office is not used for fund raising. The attendance of a judge at a fund-raising event may be permitted as long as the judge is not soliciting funds and the judge does not allow, or acquiesce in, the organization's use of the judge's attendance for fund raising. A judge must make reasonable efforts to ensure that the judge's staff, court officials, and others subject to the judge's direction and control do not solicit funds on the judge's behalf.2. A judge as an officer, director, trustee, member, or non-legal advisor of a government, civic, or charitable organization, or as an attendee of such an organization's events, may: (a) attend an organization's fund-raising events;(b) assist such an organization in planning fund raising and participate in the management and investment of the organization's funds;(c) make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system, or the administration of justice;(d) as an officer of such an organization, send a general membership solicitation mailing over the judge's signature;(e) serve as an usher or a food server or preparer, or perform similar functions, at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic associations; or(f) receive acknowledgment as a distinguished alumnus of a law school or other educational institution attended by the judge, or as a distinguished member of a government, civic, or charitable organization including providing or posing for photographs.3. The following illustrations are examples of activities that are permitted so long as the judge's judicial office is not advertised or used to promote the events: (a) preparing or serving food and beverages, including handling sale proceeds, at school events, youth sports events, non-political picnics or gatherings, religious events, or other fund-raising events sponsored by organizations or associations described in this section;(b) decorating, setting up for events, cleaning up after events, assisting in registration for events, or providing assistance to people attending events;(c) attending an event at which a member of the judge's family or a personal friend is a speaker or guest of honor; or(d) assisting and accompanying their children in their fund-raising activities if the procedures employed are not coercive and the sums nominal.4. A judge may not: (a) personally participate in the solicitation of funds;(b) personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or if the membership solicitation is essentially a fund-raising mechanism;(c) use or permit the use of the prestige of judicial office for fund raising or membership solicitation; or(d) be a speaker or guest of honor at an organization's fund-raising events, unless the events concern raising funds for improving access to the legal system for indigent or low-income individuals, but the judge may attend any such events.5. Use of an organization's letterhead for fund raising or membership solicitation does not violate these Canons provided the letterhead lists only the judge's name and office or other position in the organization without identification that he or she is a judge.P.Limitations on practice of lawA judge may not practice law. Notwithstanding this prohibition, a judge may act pro se. A judge may, without compensation, give legal advice to and draft or review documents for a member of the judge's family. However, a judge must not act as an advocate or negotiator for a member of the judge's family in a legal matter. This section does not apply to all judges as set forth in Exceptions to Applicability 3 and 4. The practice of law by retired judges and Commissioners who are receiving benefits under the Judicial Retirement System is governed by the provisions of the Virginia Code.
Q.Avoidance of facial expression, body language, or statements suggesting bias or prejudiceExpressions of bias or prejudice by a judge are prohibited. Such expressions cast reasonable doubt on the judge's capacity to act impartially as a judge.
Facial expression and body language, in addition to oral communication, can give to parties or lawyers in the proceeding, jurors, and the public, an appearance of judicial bias. A judge must be alert to avoid behavior that may reasonably call into question the judge's independence, impartiality, integrity, and competence.
R.Decorum in courtroomA judge should require all persons appearing in proceedings before the judge to refrain from manifesting, by words or conduct, bias or prejudice based on membership in any protected class against parties, witnesses, counsel, or others. This does not preclude legitimate advocacy when membership in a protected class, or any similar factor, is at issue in the proceeding.
S.Judicial appointmentsJudicial appointees include assigned counsel; officials such as commissioners, receivers, and guardians; and personnel such as clerks and secretaries. A judge should not make unnecessary appointments. A judge must exercise the power of appointment impartially. A judge must avoid nepotism and unfair preferential treatment. A judge may not approve compensation of appointees beyond the fair value of services rendered.
T.Disciplinary responsibilities1. A judge who receives reliable information indicating a substantial likelihood that another judge has committed a violation of these Canons or standards that raises a substantial question as to the judge's fitness for office must inform the Judicial Inquiry and Review Commission.2. A judge who receives reliable information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trust worthiness, or fitness as a lawyer in other respects must inform the Virginia State Bar.3. A judge has absolute immunity from civil action with respect to the discharge of disciplinary responsibilities under this standard.4. The provisions of this Canon do not require any action by a judge or the disclosure of knowledge or information gained by a judge who is a board or committee member of The Virginia Judges & Lawyers Assistance Program, or who is a board or committee member of any other wellness or assistance program, or who is a trained volunteer for any such program, or who is otherwise cooperating in a particular assistance effort when such knowledge or information is obtained for the purpose of fulfilling the recognized objectives of the program.U.Financial activities1. In order to avoid creating an appearance of exploitation of office or favoritism and to minimize the potential for disqualification, a judge must not engage in financial and business dealings that(a) may reasonably be perceived to exploit the judge's judicial position, or(b) involve the judge in frequent transactions or continuing business relationship with those lawyers or other persons likely to come before the court on which the judge serves.2. A judge may, however, hold and manage investments of the judge and members of the judge's family, including real estate. A judge may not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage and participate in: (i) a business closely held by the judge or members of the judge's family, or (ii) a business entity primarily engaged in investment of the financial resources of the judge or members of the judge's family. This section does not apply to all judges as set forth in Exceptions to Applicability 3 and 4.3. A judge should manage the judge's investments and other financial interests to minimize the number of cases in which the judge is recused. As soon as the judge can do so without serious financial detriment, the judge must divest himself or herself of investments and other financial interests that might require frequent recusal.V.Adherence to lawA judge must respect and comply with the law. Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. Although judges should be independent, they must comply with the law, including the provisions of these Canons. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Canon diminishes public confidence in the judiciary and thereby does injury to the system of government under law.
Amended by Order dated February 6, 2004, effective immediately; amended by order dated November 2, 2004, effective immediately; amended by order dated December 15, 2016, effective immediately; amended by order dated December 15, 2021, effective 1/1/2022; amended by order dated September 26, 2024, effective 9/26/2024.