Section 1.2. Promoting Confidence in the Judiciary

A magisterial district judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Comment:

(1) Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a magisterial district judge.

(2) A magisterial district judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the Conduct Rules.

(3) Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a magisterial district judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the Rule is necessarily cast in general terms.

(4) Magisterial district judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all.

(5) ‘‘Impropriety’’ is a defined term in the Terminology Section of these Conduct Rules. Actual improprieties include violations of law, court rules or provisions of these Conduct Rules. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the magisterial district judge violated these Conduct Rules or engaged in other conduct that reflects adversely on the magisterial district judge’s honesty, impartiality, temperament, or fitness to serve as a magisterial district judge. This test differs from the formerly applied common law test of whether ‘‘a significant minority of the lay community could reasonably question the court’s impartiality.’’

(6) Magisterial district judges are encouraged to initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the magisterial district judge must act in a manner consistent with these Conduct Rules.