Idaho Code. Judi. Cond. 2.10

As amended through November 5, 2024
Rule 2.10 - Judicial Statements on Pending and Impending Cases
(A)A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending* or impending* in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing.
(B)A judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial* performance of the adjudicative duties of judicial office.
(C)A judge shall require court staff, court officials, and others subject to the judge's direction and control to refrain from making statements that the judge would be prohibited from making by paragraphs (A) and (B).
(D)Notwithstanding the restrictions in paragraph (A), a judge may make public statements in the course of official duties, may explain court procedures, and may comment on any proceeding in which the judge is a litigant in a personal capacity.
(E)A judge should refrain from responding directly to allegations through the media or elsewhere concerning the judge's conduct in any matter. Subject to the requirements of paragraph (A), a judge may respond personally or through the Administrative Office of the Courts to allegations concerning the judge's conduct in a matter by explaining the law, procedural rules, administration of justice or applicability of the Idaho Code of Judicial Conduct.

Id. Code. Judi. Cond. 2.10

Comment

[1] This Rule's restrictions on judicial speech are essential to the maintenance of the independence, integrity, and impartiality of the judiciary.

[2] This Rule does not prohibit a judge from commenting on proceedings in which the judge is a litigant in a personal capacity, or represents a client as permitted by these Rules. In cases in which the judge is a litigant in an official capacity, such as a writ of mandamus, the judge must not comment publicly.

[3] A judge may comment on legal terms, statutory language, procedural rules and legal concepts if any allegation is made concerning the judge's official conduct. The judge would be well advised to issue any such comments through the Administrative Office of the Courts. Judges are cautioned, however, there should never be comments on the results of a case consistent with Rule 2.10(A)