Vt. Admin. Ord. Of. Sup. Ct. 1.3

As amended through August 12, 2024
Rule 1.3 - Avoiding Abuse of the Prestige of Judicial Office

A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others or allow others to do so.

Vt. Admin. Ord. Of. Sup. Ct. 1.3

Amended August 6, 2019, eff. 10/7/2019.

Comment

[1] It is improper for a judge to use or attempt to use his or her position to gain personal advantage or deferential treatment of any kind. For example, it would be improper for a judge to allude to his or her judicial status to gain favorable treatment in encounters with traffic officials. Similarly, a judge must not use judicial letterhead to gain an advantage in conducting his or her personal business.

[2] A judge may provide a reference or recommendation for an individual based upon the judge's personal knowledge. The judge may use official letterhead if the judge indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office.

[3] Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees, and by responding to inquiries from such entities concerning the professional qualifications of a person being considered for judicial office.

[4] Special considerations arise when judges write or contribute to publications of for-profit entities, whether related or unrelated to the law. A judge should not permit anyone associated with the publication of such materials to exploit the judge's office in a manner that violates this Rule or other applicable law. In contracts for publication of a judge's writing, the judge should retain sufficient control over the advertising to avoid such exploitation.

Reporter's Notes

Rule 1.3 incorporates the second sentence of Vermont Code 1994, Canon 2B, as a separate enforceable obligation because it addresses the judge's personal conduct, rather than the effect of others' conduct on the judge's judicial responsibilities. Those matters are now covered in Rules 2.4(B), (C), 3.1(E), and 3.3. The present sentence has clarified and tightened the former language: "abuse" has been substituted for "lend"; "economic" as well as "personal" interests are covered; and the judge is prohibited from allowing others to trade on the judge's position. See ABA Reporter's Explanation 85. Comments [1]-[4] are derived from ABA Code 1990, Commentary to former Canon 2B.