Terminology
Whenever any term listed below is used in a Rule in its defined sense, it is followed by an asterisk (*).
"Appearance of impropriety" means conduct that reasonable minds, with knowledge of all the relevant circumstances, would perceive as materially impairing the judge's independence, integrity, impartiality, temperament, or fitness to fulfill the duties of judicial office. See Canon 1 and Rule 1.2.
Code Comparison
The Hawai'i Revised Code of Judicial Conduct adds "appearance of impropriety" as a defined term.
"Appropriate authority" means the entity having responsibility for initiation of a disciplinary process in connection with a reported violation. See Rule 2.15.
"Contribution" means both financial and in-kind contributions, such as goods, professional or volunteer services, advertising, and other types of assistance, which, if obtained by the recipient otherwise, would require a financial expenditure. See Rules 3.7 and 4.1.
"De minimis" in the context of interests pertaining to disqualification of a judge, means an insignificant interest that could not raise a reasonable question regarding the judge's impartiality. See Rule 2.11.
"Domestic partner" means a person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married. See Rules 2.11, 3.13, and 3.14.
"Economic interest" means ownership of more than a de minimis legal or equitable interest or a relationship as officer, director, advisor, or other active participant in the affairs of a party. Except for situations in which the judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a judge, economic interest does not include:
Code Comparison
The Hawai'i Revised Code of Judicial Conduct modifies the ABA Model Code's definition of "economic interest" by adding "relationship as officer, director, advisor, or other active participant in the affairs of a party"as within the definition and adding "policy holder in a mutual insurance company" as outside the definition.
"Fiduciary" includes relationships such as executor, administrator, trustee, conservator, or guardian. See Rules 2.11, 3.2, and 3.8.
Code Comparison
The Hawai'i Revised Code of Judicial Conduct modifies the ABA Model Code's definition of "fiduciary" by adding "conservator."
"Impartial," "impartiality," and "impartially" mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that come or may come before a judge. See Canons 1, 2, and 4, and Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.12, 3.13, and 4.1.
"Impending matter" is a matter that is imminent or expected to occur in the near future. See Rules 2.9, 2.10, 3.13, and 4.1.
"Impropriety" includes conduct that violates the law, court rules, or provisions of this Code, and conduct that materially impairs a judge's independence, integrity, impartiality, temperament, or fitness to fulfill the duties of judicial office. See Canon 1 and Rule 1.2.
Code Comparison
The Hawai'i Revised Code of Judicial Conduct modifies the ABA Model Code's definition of "impropriety" by (1) substituting "materially impairs" for "undermines" and (2) adding "temperament, or fitness to fulfill the duties of judicial office."
"Independence" means a judge's freedom from influence or controls other than those established by law. See Canons 1 and 4, and Rules 1.2, 3.1, 3.12, and 3.13.
"Integrity" means probity, fairness, honesty, uprightness, and soundness of character. See Canons 1 and 4, and Rule 1.2, 3.1, 3.12, and 3.13.
"Judge" See Application section of this Code.
"Judicial officer" See Application section of this Code.
"Knowingly," "knowledge," "known," and "knows" mean actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. See Rules 2.11, 2.15, 2.16, 3.5, and 3.6.
"Law" encompasses court rules as well as statutes, ordinances, constitutional provisions, provisions of this Code, and decisional law. See Rules 1.1, 2.1, 2.2, 2.6, 2.7, 2.9, 3.1, 3.9, 3.10, 3.12, 3.13, 3.14, 4.1, and 4.5.
"Member of the judge's family" means a spouse, domestic partner, relative within the third degree of relationship, or other person with whom the judge maintains a close familial relationship or who is treated by the judge as a member of the judge's family. See Rules 3.7, 3.8, 3.10, and 3.11.
"Member of a judge's family residing in the judge's household" means any member of the judge's family, who resides in the judge's household. See Rules 2.11 and 3.13.
"Nonpublic information" means information that, by law, is not available to the public. Nonpublic information may include, but is not limited to, information that is sealed by statute or court order or impounded or communicated in camera, and information offered in grand jury proceedings, presentencing reports, dependency cases, or psychiatric reports. See Rule 3.5.
Code Comparison
The Hawai'i Revised Code of Judicial Conduct modifies the ABA Model Code's definition of "nonpublic information" by adding "by law."
"Pending matter" is a matter that has commenced. A matter continues to be pending through any appellate process until final disposition. See Rules 2.9, 2.10, 3.13, and 4.1.
"Political organization" means a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office. See Rule 4.1.
Code Comparison
The Hawai'i Revised Code of Judicial Conduct modifies the ABA Model Code's definition of "political organization" by deleting references to judicial elections and campaign committees.
"Third degree of relationship" includes the following persons related to the judge by blood or marriage: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See Rule 2.11.