Vt. Admin. Ord. Of. Sup. Ct. 3.2

As amended through November 4, 2024

Rule 3.2 - Appearances before Governmental Bodies and Consultation with Government Officials

A judge shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except:

(A) in connection with matters concerning the law, the legal system, or the administration of justice;

(B) in connection with matters about which the judge acquired knowledge or expertise in the course of the judge's judicial duties; or

(C) when the judge is self-represented in a matter involving the judge's legal or economic interests, or when the judge is acting in a fiduciary capacity.

Vt. Admin. Ord. Of. Sup. Ct. 3.2

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

Comment

[1] Judges possess special expertise in matters of law, the legal system, and the administration of justice, and may properly share that expertise with governmental bodies and executive or legislative branch officials.

[2] In appearing before governmental bodies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 1.3, prohibiting judges from using the prestige of office to advance their own or others' interests, Rule 2.10, governing public comment on pending and impending matters, and Rule 3.1(C), prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.

[3] In general, it would be an unnecessary and unfair burden to prohibit judges from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid using the prestige of judicial office.

Reporter's Notes

Rule 3.2 is derived from Vermont Code 1994, Canon 4C(1). The word "voluntarily" was added to the introductory sentence to make clear that the rule does not allow a judge to ignore a formal summons to appear before a governmental body. Rule 3.2(A) carries forward the first exception of Canon 4C(1). Rule 3.2(B) is added in recognition of the fact that, in performing their judicial role, judges may acquire relevant expertise that they may share with executive or legislative bodies. Rule 3.2(C) adopted the second exception of Canon 4C(1), adding "legal or economic" to modify "interests" and adding fiduciary roles to the exception. See ABA Reporter's Explanation 114-115.

The Comments are new in ABA Code 2007. Comment [1] explains the rationale of Rules 3.2(A) and (B). Comment [2] identifies other Rules that may limit the scope of a voluntary judicial appearance. Comment [3] emphasizes the limits on self-representation by judges before governmental bodies. See ABA Reporter's Explanation 115-116.