Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or Other Things of Value

Delaware Judges Code of Judicial Conduct*

Rule: 3.13

Jurisdiction: DE

Bluebook Citation: Del. Judges' C.J.C. 3.13

(A) Neither a judge nor a member of the judge's family residing in the judge's household should solicit or accept a gift, bequest, favor, or loan from anyone except for: (1) a gift incident to a public testimonial to the judge, books, tapes and other resource materials supplied by publishers on a complimentary basis for official use, or an invitation to the judge and a family member or guest to attend a bar-related function or activity devoted to the improvement of the law, the legal system, or the administration of justice; (2) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or domestic partner or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or domestic partner or other family member and the judge (as spouse or domestic partner or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties; (3) ordinary social hospitality; (4) a gift from a relative or friend, for a special occasion, such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship; (5) a gift, bequest, favor or loan from a relative or close personal friend whose appearance or interest in a case would in any event require that the judge take no official action with respect to the case; (6) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; (7) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or (8) any other gift, bequest, favor or loan, only if: (i) the donor has not sought and is not seeking to do business with the court or other entity served by the judge; or (ii) the donor is not a party or other person who has come or is likely to come before the judge or whose interests may be substantially affected by the performance or nonperformance of his or her official duties. (B) A judge is not required by this Code to make financial disclosures except as provided by the Supreme Court.

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