Vt. Admin. Ord. Of. Sup. Ct. 1.2
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Vt. Admin. Ord. Of. Sup. Ct. 1.2
Comment
[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge.
[2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens and must accept the restrictions imposed by the Code.
[3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the Rule is necessarily cast in general terms.
[4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all.
[5] Actual improprieties include violations of law, court rules, or provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge.
[6] A judge should initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this Code.
Reporter's Notes
Rule 1.2 adopts the second clause of Vermont Code 1994, Canon 2A, following new Canon 1 by adding "independence" as an essential attribute of integrity and impartiality that should always be grouped with them for consistency, and adding the avoidance of impropriety and its appearance from the black letter of former Canon 2 to make clear that failure in that regard is an independent basis for discipline.
Comments [1]-[3] and [5] carry forward, with some modifications, provisions of ABA Code 1990, Commentary to former Canon 2A. New Comment [4] is intended to reflect the importance of encouraging judges to promote professionalism. New Comment [6] is intended to encourage judges to participate in the community to promote public confidence in the courts. See ABA Reporter's Explanation 84.