Testifying as a Character Witness

Delaware Judges Code of Judicial Conduct*

Rule: 3.3

Jurisdiction: DE

Bluebook Citation: Del. Judges' C.J.C. 3.3

A judge should not testify voluntarily as a character witness. Comment: The testimony of a judge as a character witness injects the prestige of the judicial office into the proceeding in which the judge testifies and may be misunderstood to be an official testimonial. This Rule, however, does not afford the judge a privilege against testifying in response to an official summons. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness.

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