Vt. Admin. Ord. Of. Sup. Ct. 2.15
Vt. Admin. Ord. Of. Sup. Ct. 2.15
Comment
[1] Taking action to address known misconduct is a judge's obligation. Paragraphs (A) and (B) impose an obligation on the judge to report to the appropriate disciplinary authority the known misconduct of another judge or a lawyer that raises a substantial question regarding the honesty, trustworthiness, or fitness of that judge or lawyer. Ignoring or denying known misconduct among one's judicial colleagues or members of the legal profession undermines a judge's responsibility to participate in efforts to ensure public respect for the justice system. This Rule limits the reporting obligation to those offenses that an independent judiciary must vigorously endeavor to prevent.
[2] A judge who does not have actual knowledge that another judge or a lawyer may have committed misconduct, but receives information indicating a substantial likelihood of such misconduct, is required to take appropriate action under paragraphs (C) and (D). Appropriate action may include, but is not limited to, communicating directly with the judge who may have violated this Code, communicating with a supervising judge, or reporting the suspected violation to the appropriate authority or other agency or body. Similarly, actions to be taken in response to information indicating that a lawyer has committed a violation of the Rules of Professional Conduct may include but are not limited to communicating directly with the lawyer who may have committed the violation or reporting the suspected violation to the appropriate authority or other agency or body.
Reporter's Notes
Rule 2.15 carries forward Vermont Code 1994, Canon 3D(1) and (2). Rule 2.15(A), (B), and (D) were reworded for conformity with the language of the reporting obligations of Rule 8.3 of the Vermont Rules of Professional Conduct. The obligation to report on the basis of information received in Rules 2.15(C) and (D) has been changed from "should" in Canon 3D(1) and (2) to "shall." Comment [1] emphasizes the connection between reporting misconduct and maintaining public confidence in the judiciary. Comment [2] expands on the Commentary to ABA Code 1990, Canon 3D. See ABA Reporter's Explanation 109-10.