Vt. Admin. Ord. Of. Sup. Ct. 3.3

As amended through November 4, 2024
Rule 3.3 - Testifying as a Character Witness

A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned.

Vt. Admin. Ord. Of. Sup. Ct. 3.3

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

Comment

[1] A judge who, without being subpoenaed, testifies as a character witness abuses the prestige of judicial office to advance the interests of another. See Rule 1.3. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness.

Reporter's Notes

Rule 3.3 is derived from the last sentence of Vermont Code 1994, Canon 2B. The changes are intended to make clear that the rule extends to any adjudicatory proceeding and to nontestimonial exercise of influence in a proceeding. The Comment, taken from the Commentary to ABA Code 1990, Canon 2B, is intended to emphasize that a judge, if possible, should avoid being summoned to give character evidence. See ABA Reporter's Explanation 116-17.