Canon 3 - A judge should perform the duties of the judge's office impartially and diligentlyThe judicial duties of a judge take precedence over all the judge's other activities. The judge's judicial duties include all the duties of the judge's office prescribed by law. In the performance of these duties, the following standards apply.
A. Adjudicative responsibilities.(1) A judge should be faithful to the law and maintainprofessional competence in it. A judge should be unswayed by partisan interests, public clamor, or fear of criticism. (2) A judge should maintain order and decorum in proceedingsbefore the judge. (3) A judge should be patient, dignified and courteous tolitigants, jurors, witnesses, lawyers and others with whom the judge deals in the judge's official capacity, and should require similar conduct of lawyers, and of the judge's staff, court officials and others subject to the judge's direction and control. (4) A judge should accord to every person who is legallyinterested in a proceeding, or the person's lawyer, full right to be heard according to law, and, except as authorized by law, neither knowingly initiate nor knowingly consider ex parte or other communications concerning a pending proceeding. A judge, however, may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge. (5) A judge should dispose promptly of the business of thecourt. (6) A judge should abstain from public comment about the meritsof a pending proceeding in any state or federal court dealing with a case or controversy arising in North Carolina or addressing North Carolina law and should encourage similar abstention on the part of court personnel subject to the judge's direction and control. This subsection does not prohibit a judge from making public statements in the course of official duties; from explaining for public information the proceedings of the Court; from addressing or discussing previously issued judicial decisions when serving as faculty or otherwise participating in educational courses or programs; or from addressing educational, religious, charitable, fraternal, political, or civic organizations. (7) A judge should exercise discretion with regard topermitting broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during civil or criminal sessions of court or recesses between sessions, pursuant to the provisions of Rule 15 of the General Rules of Practice for the Superior and District Courts. B. Administrative responsibilities.(1) A judge should diligently discharge the judge'sadministrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials. (2) A judge should require the judge's staff and courtofficials subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge. (3) A judge should take or initiate appropriate disciplinarymeasures against a judge or lawyer for unprofessional conduct of which the judge may become aware. (4) A judge should not make unnecessary appointments. A judge should exercise the judge's power of appointment only on the basis of merit, avoiding nepotism and favoritism. A judge should not approve compensation of appointees beyond the fair value of services rendered. C. Disqualification.(1) On motion of any party, a judge should disqualifyhimself/herself in a proceeding in which the judge's impartiality may reasonably be questioned, including but not limited to instances where: (a) The judge has a personal bias or prejudice concerning aparty, or personal knowledge of disputed evidentiary facts concerning the proceedings; (b) The judge served as lawyer in the matter in controversy, ora lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (c) The judge knows that he/she, individually or as afiduciary, or the judge's spouse or minor child residing in the judge's household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (d) The judge or the judge's spouse, or a person within thethird degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, ortrustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could besubstantially affected by the outcome of the proceeding; (iv) Is to the judge's knowledge likely to be a materialwitness in the proceeding. (2) A judge should inform himself/herself about the judge'spersonal and fiduciary financial interests, and make a reasonable effort to inform himself/herself about the personal financial interests of the judge's spouse and minor children residing in the judge's household. (3) For the purposes of this section: (a) The degree of relationship is calculated according to thecivil law system; (b) "Fiduciary" includes such relationships as executor,administrator, trustee and guardian; (c) "Financial interest" means ownership of a substantial legalor equitable interest (i.e., an interest that would be significantly affected in value by the outcome of the subject legal proceeding), or a relationship as director or other active participant in the affairs of a party, except that: (i) ownership in a mutual or common investment fund thatholds securities is not a "financial interest" in such securities unless the judge participates in the management of the fund; (ii) an office in an educational, cultural, historical,religious, charitable, fraternal or civic organization is not a "financial interest" in securities held by the organization. D. Remittal of disqualification.Nothing in this Canon shall preclude a judge from disqualifying himself/herself from participating in any proceeding upon his the judge's own initiative. Also, a judge potentially disqualified by the terms of Canon 3C may, instead of withdrawing from the proceeding, disclose on the record the basis of the judge's potential disqualification. If, based on such disclosure, the parties and lawyers, on behalf of their clients and independently of the judge's participation, all agree in writing that the judge's basis for potential disqualification is immaterial or insubstantial, the judge is no longer disqualified, and may participate in the proceeding. The agreement, signed by all lawyers, shall be incorporated in the record of the proceeding. For purposes of this section, pro se parties shall be considered lawyers.
N.C. Code. Jud. Cond. Canon 3