Va. R. Sup. Ct. Canon 3

As amended through September 26, 2024

Canon 3 - A Judge Must Promote Efficient and Effective Delivery of Justice

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.Judicial duties as priority

The judicial duties of a judge take precedence over all the judge's other activities. The judge's judicial duties include all the duties of the judge's office prescribed by law.

B.Prompt decision making

A judge is required to promptly hear and decide matters assigned to the judge unless otherwise requested by all parties or expressly permitted by statute. In the event that a trial court decision is being held under advisement for more than sixty days, written notice of the delay and a projected time of decision must be provided to the parties or their counsel. A judge must promptly decide whether the judge's recusal from a case is required.

C.Maintain professional competence

A judge is required to be faithful to the law and maintain professional competence in it.

D.Maintain decorum and civility

A judge should require order, decorum, and civility in proceedings before the judge.

E.Patient, dignified, and courteous behavior

A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers, and of staff, court officials, and others subject to the judge's direction and control.

F.Efficient discharge of administrative duties

A judge is required to diligently discharge the judge's administrative responsibilities without bias or prejudice, is required to maintain professional competence in judicial administration, and is required to cooperate with other judges and court officials in the administration of court business.

G.Mediation limited to court-administered programs

A judge must not act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity. This restriction, however, does not prohibit a judge from participating in settlement conferences or court-administered programs performed as part of judicial duties. This section does not apply to all judges as set forth in Exceptions to Applicability 3 and 4.

H.Workplace conduct

A judge must refrain from speech, gestures, or other conduct that could reasonably be perceived as sexual harassment or creating a hostile work environment, and the judge must require the same standard of conduct of others subject to the judge's direction and control.

I.Expense reimbursement and compensation

1. A judge may receive compensation and reimbursement of expenses for the extrajudicial activities permitted by these Canons and standards if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise diminish public confidence in the judge's independence, impartiality, integrity, and competence. Compensation may not exceed a reasonable amount but may be commensurate with the judge's experience.

2. The following illustration is an example of permitted considerations in compensation for extrajudicial activities: A judge may be hired to serve as faculty at a law school, subject to other provisions of this Canon, and the judge's compensation may reflect the judge's high level of expertise in the subject matter of the engagement so long as the judge complies with all other applicable provisions of these Canons.

Va. Sup. Ct. Canon 3

Amended by order dated February 27, 2015, effective immediately; amended December 12, 2018, effective 12/12/2018; amended by order dated December 15, 2021, effective 1/1/2022; amended by order dated June 1, 2022, effective 6/1/2022.