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JUDICIAL
CONDUCT
 Following
are Requirements regarding Judicial Courtroom
Behavior as well as examples of Improper
Behavior and what you can do about it.
California Code of Judicial Ethics: CANNON 3
A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL
OFFICE IMPARTIALLY AND DILIGENTLY
(7) A Judge shall accord to every person who has
a legal interest in a proceeding, or that
person's lawyer, full right to be heard
according to law. A Judge shall not initiate,
permit, or consider ex parte communications, or
consider other communications made to the Judge
outside the presence of the parties concerning a
pending or impending proceeding, except as
follows:
-
A Judge may
obtain the advice of a disinterested expert
on the law applicable to a proceeding
before the Judge if the Judge gives notice
to the parties of the person consulted and
the substance of the advice, and affords the
parties reasonable opportunity to respond.
-
A Judge may
consult with court personnel whose function
is to aid the Judge and their lawyers in an
effort to mediate or settle matters pending
before the Judge.
-
A Judge may,
with the consent of the parties, confer
separately with the parties
and their lawyers in an effort to mediate or
settle matters pending before the Judge.
-
A Judge may
initiate ex parte communications, where
circumstances require, for scheduling,
administrative purposes, or emergencies that
do not deal with substantive matters
provided:
(i) the Judge reasonable believes that no
party will gain a procedural or tactical
advantage as a result of the ex parte
communication, and
(ii) the Judge makes provision promptly to
notify all other parties of the substance of
the ex parte communication and allows an
opportunity to respond.
-
A Judge may
initiate or consider any ex parte
communication when expressly authorized by
law to do so.
See California Code of Judicial Ethics
Similar Rules Apply to the District Attorney courtesy
of the State Bar of California Rule 5-300
Contact with Officials.
See opinion re ex parte communications with
(administrative) Judge
Improper Courtroom Decorum:
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Rude, abusive,
and otherwise improper treatment of parties,
counsel, witnesses, juror, court staff and
others.
-
Failing or
refusing to dispose promptly of judicial
business.
-
Improper or
eccentric conduct while on the bench.
-
Expressions of
bias based on gender, ethnicity, etc.
Improper
Influence:
-
Allowing
political relationships to influence
judicial decision-making.
-
Other Improper
or Illegal Activities.
-
Abusing the
contempt power.
-
Interfering with
the attorney-client relationship.
-
Communicating
improperly with only one side to a
proceeding.
-
Commenting on or
interfering with a pending or impending
lawsuit.
-
Misappropriating
or misusing public property, funds, or
resources.
-
Violating rules
relating to court administration.
-
Obstruction of
justice.
-
Out of court
criminal behavior.
In cases where you
feel the Judge is prejudiced against you, you or
your lawyer may file what is called a
Declaration of
Prejudice or a CCP 170.1 or CCP
170.6. After filing, a hearing may follow. These
forms are available in any court room from the
clerk. The wording will generally be as follows:
"Under Penalty of perjury the
undersigned declares that: He/She is a party to
or Attorney appearing in the above-entitled
action or proceeding; that
_____________________, the judge to whom it is
assigned is prejudiced against him/her against
his/her interest so that he/she believes that
he/she cannot have a fair and impartial trial or
hearing before such judge.
WHEREFORE, pursuant to the provisions of Section
170.6 of the California Code of Civil Procedure,
declarant moves the COURT for its order
reassigning said cause to another and different
Judge for trial or hearing.
Executed this _date______ day of
_month___________, _year________ at
__city_________, California
Your Signature."
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