Vt. Admin. Ord. Of. Sup. Ct. 2.3

As amended through November 4, 2024

Rule 2.3 - Bias, Prejudice, and Harassment

(A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.

(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, color, sex, religion, national origin, ethnicity, ancestry, place of birth, disability, age, sexual orientation, gender identity, marital status, socioeconomic status, or other grounds that are illegal or prohibited under federal or state law and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.

(C) A judge shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including but not limited to race, color, sex, religion, national origin, ethnicity, ancestry, place of birth, disability, age, sexual orientation, gender identity, marital status, socioeconomic status, or other grounds that are illegal or prohibited under federal or state law against parties, witnesses, lawyers, or others.

(D) The restrictions of paragraphs (B) and (C) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding.

Vt. Admin. Ord. Of. Sup. Ct. 2.3

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

Comment

[1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute.

[2] Examples of manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning nicknames; negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant references to personal characteristics. Even facial expressions and body language can convey to parties and lawyers in the proceeding, jurors, the media, and others an appearance of bias or prejudice. A judge must avoid conduct that may reasonably be perceived as prejudiced or biased.

[3] Harassment, as referred to in paragraphs (B) and (C), is verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, color, sex, religion, national origin, ethnicity, ancestry, place of birth, disability, age, sexual orientation, gender identity, marital status, socioeconomic status, or other grounds that are illegal or prohibited under federal or state law.

[4] Sexual harassment includes but is not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwelcome.

Reporter's Notes

Rule 2.3 carries forward with stylistic and textual changes the provisions of Vermont Code 1994, Canon 3B(5) and (6). Rule 2.3(B) and (C) and Comment [3] depart from ABA Code 2007 and include discrimination on the basis of grounds identical to those of V.R.Pr.C. 8.4(g) intended to incorporate all grounds prohibited under state and federal law, to track the Vermont Fair Employment Practices Act, 21 V.S.A. § 495(a)(1), and to make clear that the rule extends to statutory grounds such as 21 V.S.A. § 495(a)(5) (HIV). See Reporter's Notes to 2017 amendment of V.R.Pr.C. 8.4(g). See also Rule 3.1 cmt. [3] and Rule 3.6(A).

Rules 2.3(B) and (C) follow ABA Code 2007 in specifically including harassment as prohibited conduct in order to eliminate any doubt that it was a form of bias or prejudice. Comment [4], new in ABA Code 2007, defines "sexual harassment" to make clear its scope in view of the importance of the problem. See generally ABA Reporter's Explanation 90-93.