Section 1.3. Avoiding Abuse of the Prestige of Judicial Office

A magisterial district judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the magisterial district judge or others, or allow others to do so.

Comment:

(1) It is improper for a magisterial district judge to use or attempt to use his or her position to gain personal advantage or preferential treatment of any kind. For example, it would be improper for a magisterial district judge to allude to his or her judicial status to gain favorable treatment in encounters with traffic officials. Similarly, a magisterial district judge must not use judicial letterhead to gain an advantage in conducting his or her personal business. A magisterial district judge should also not lend the prestige of his or her office to advance the private interests of others, nor convey or knowingly permit others to convey the impression that they are in a special position to influence the magisterial district judge.

(2) A magisterial district judge may provide a reference or recommendation for an individual based upon the magisterial district judge’s personal knowledge. The magisterial district judge may use official letterhead if the magisterial district judge indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office.

(3) Magisterial district judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees, and by responding to inquiries from such entities concerning the professional qualifications of a person being considered for judicial office.

(4) Special considerations arise when magisterial district judges write or contribute to publications of for-profit entities, whether related or unrelated to the law. A magisterial district judge should not permit anyone associated with the publication of such materials to exploit the magisterial district judge’s office in a manner that violates this Rule or other applicable law. In contracts for publication of a magisterial district judge’s writing, the magisterial district judge should retain sufficient control over the advertising and promotion of such writing to avoid such exploitation.