Vt. Admin. Ord. Of. Sup. Ct. 2.10

As amended through November 4, 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) Subject to the requirements of paragraph (A), a judge may respond directly or through a third party to allegations in the media or elsewhere concerning the judge's conduct in a matter.

Vt. Admin. Ord. Of. Sup. Ct. 2.10

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

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. 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] Depending upon the circumstances, the judge should consider whether it may be preferable for a third party, rather than the judge, to respond or issue statements in connection with allegations concerning the judge's conduct in a matter.

Reporter's Notes

Rule 2.10(A), (C)-(D) carry forward Vermont Code 1994, Canon 3B(9), with some changes for clarity. Rule 2.10(B), taken from ABA Code 2007, did not appear in Vermont Code 1994, Canon 3B, but makes generally applicable the language of Vermont Code 1994, Canon 5B(4)(a), prohibiting the making of such statements by a candidate for judicial office. Vermont Code 1994, Canon 3B(10), concerning judicial interaction with jurors, was adapted from ABA Code 1990, Canon 3B(11); it is carried forward as Rule 2.8(C). See Reporter's Notes to that rule. Rule 2.10(E) is a new provision in ABA Code 2007 intended to make clear that a judge may respond to challenges to the judge's conduct if the response does not affect the fairness of a proceeding. ABA Reporter's Explanation 103.

Comments [1] and [2] are derived from the Commentary to ABA Code 1990, Canon 3B(9), (10). New Comment [3], suggesting that a third person may defend a judge, is intended to minimize direct discussion by a judge with the media. ABA Reporter's Explanation 103.