Also known as: appearances of evil · appearance of impropriety
Written by attorneys · grounded in primary & secondary sources — see below
A principle requiring judges to avoid conduct that creates an appearance of impropriety even if no actual impropriety occurs. The standard is objective and focuses on how reasonable observers would perceive the conduct rather than the judge's subjective intent.
Judge Elena Ortiz presides over a water-rights dispute between family farmers and a state agriculture agency. While the case is pending she repeatedly attends cooperative meetings and tells attendees that farmers always get the short end in court and should fight back against regulators. Reasonable observers conclude she has aligned herself with one side in the litigation.
Judge Albert Allen owns municipal bonds issued by a city that is a defendant in pending litigation before him. He continues to acquire additional bonds during the case. The ongoing financial dealings create an appearance of impropriety and potential conflict even though he does not participate in any decision affecting the city's obligations.
Select any source to read its text and confirm it supports the definition.
No. The standard is objective and asks how reasonable observers would perceive the conduct. A judge's claim that remarks were merely jokes does not cure the violation when the statements align the judge with one side in pending litigation.
Supporting sources
Yes. Off-the-record strategy sessions with one party's executives while excluding opposing counsel violate the duty to comply with all legal and ethical requirements including the prohibition on ex parte contacts and the appearance of favoritism.
Supporting sources
Yes. Forming an LLC and using a straw manager to hide a judge's ownership of parcels positioned to profit from a rezoning case the judge will hear constitutes knowing assistance in undisclosed financial activity that violates judicial conduct rules.
Supporting sources
It reaches conduct that merely looks improper. The rule requires judges to avoid both impropriety and the appearance of impropriety so that public confidence in judicial independence and impartiality is preserved.
Supporting sources