Political and Campaign Activities of Judges and Judicial Candidates

6 PREAMBLE This Code shall constitute the “Canons of Judicial Ethics” referenced in the Delaware Constitution, Article IV, Section 37. This Code is designed to provide guidance to judges and nominees for judicial office. The Code will also establish standards of conduct for application in proceedings pursuant to Article IV, Section 37 of the Delaware Constitution, which provides, in pertinent part: “A judicial officer may be censured or removed by virtue of this section for wilful misconduct in office, wilful and persistent failure to perform his or her duties, the commission after appointment of an offense involving moral turpitude, or other persistent misconduct in violation of the Canons of Judicial Ethics as adopted by the Delaware Supreme Court from time to time.” It is not intended that disciplinary action would be appropriate for every violation of the Code’s provisions. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable application of the text and should depend on such factors as the seriousness of the violation, the intent of the judge, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system. Any person subject to this Code may request an advisory opinion on proper judicial conduct with respect to this Code. A judge who has requested and relied upon such an opinion shall be entitled to introduce that opinion in any proceeding in the Court on the Judiciary as evidence that conduct conforming to the opinion is prima facie permissible. See Delaware Judicial Ethics Advisory Committee Rules 4(a) and 5(c) and Court on the Judiciary Rule 13(c). Many of the proscriptions in the Code are necessarily cast in general terms, and it is not suggested that disciplinary action is appropriate where reasonable judges might be uncertain as to whether or not the conduct is proscribed. Furthermore, the Code is not designed or intended as a basis for civil liability or criminal prosecution. Finally, the purpose of the Code would be subverted if the Code were invoked by lawyers for mere tactical advantage in a proceeding. The Canons are rules of reason. They should be applied in a manner consistent with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. The Code is to be construed so as not to impinge on the essential independence of judges in making judicial decisions. This Code has been reformatted and its provisions renumbered to conform to the format and numbering of the American Bar Association 2007 Model Code of Judicial Conduct. Its text is based on Delaware’s 1974 adaptation of the ABA’s 1972 Model Code of Judicial Conduct, revised in 1993, following the promulgation of the ABA’s 1990 Model Code of Judicial Conduct. The current text is revised only slightly from the Delaware Code of Judicial Conduct adopted in 1993. TERMINOLOGY “Compensation” means payment to a judge by another for services rendered but does not include moneys received by a judge from his investments or for services to a family business permitted under Rule 3.11(A) and (B). “Contribution” means both financial and in-kind contributions, such as goods, professional or volunteer services, advertising, and other types of assistance, which, if obtained by the recipient otherwise, would require a financial expenditure. “Domestic partner” means a person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married. “Economic interest" means ownership of a legal or equitable interest however small, or a relationship as director, advisor, or other active participant in the affairs of a party, except that: (i) ownership in a mutual or common investment fund that holds securities is not an "economic interest" in such securities unless the judge participates in the management of the fund; 7 (ii) an office in an educational, religious, charitable, fraternal, or civic organization is not an "economic interest" in securities held by the organization; (iii) the proprietary interest of a policyholder in a mutual insurance company, or a depositor in a mutual savings association, or a similar proprietary interest, is an "economic interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest; (iv) ownership of government securities is an "economic interest" in the issuer only if the outcome of the proceeding could substantially affect the value of the securities. “Fiduciary” includes relationships such as executor, administrator, trustee, or guardian. “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. “Impending matter” is a matter that is imminent or expected to occur in the near future. “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. “Independence” means a judge’s freedom from influence or controls other than those established by law. “Integrity” means probity, fairness, honesty, uprightness, and soundness of character. “Knowingly,” “knowledge,” “known,” and “knows” mean actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances. “Law” encompasses court rules as well as statutes, constitutional provisions, and decisional law. “Member of the judge’s family” means persons related to the judge or the judge’s spouse or domestic partner within the third degree of relationship calculated according to the civil law system, and any other relatives with whom the judge or the judge’s spouse or domestic partner maintains a close familial relationship, and the spouse or domestic partner of any of the foregoing. “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. “Pending matter” is a matter that has commenced. A matter continues to be pending through any appellate process until final disposition. “Political organization” means a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office. “Third degree of relationship calculated according to the civil law system” includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great- grandchild, nephew, and niece. A. All judges, including justices of the peace, full-time masters and court commissioners, should APPLICATION comply with this Code. B. A retired judge subject to recall who by law is not permitted to practice law, must comply with this Code during any period of recall, except for Rule 3.8 [acting as a fiduciary]. 8 DELAWARE JUDGES’ CODE OF JUDICIAL CONDUCT 2008 CANON 1 A judge should uphold the integrity, independence and impartiality of the judiciary.