September 5, 1989

OLD CODE OF JUDICIAL CONDUCT

PREAMBLE

An honorable, competent and independent judiciary exists to administer justice and thus promote the unity of the country, the stability of government, and the well-being of the people.

CANON 1 A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY.

RULE 1.01. A judge should be the embodiment of competence, integrity, and independence.

RULE 1.02. A judge should administer justice impartially and without delay.

RULE 1.03. A judge should be vigilant against any attempt to subvert the independence of the judiciary and resist any pressure from whatever source.

CANON 2 A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

RULE 2.01. A Judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary.

RULE 2.02. A judge should not seek publicity for personal vainglory.

RULE 2.03. A judge shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.

RULE 2.04. A judge shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency.

CANON 3 A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH IMPARTIALITY AND DILIGENCE.

ADJUDICATIVE RESPONSIBILITIES

RULE 3.01. A judge shall be faithful to the law and maintain professional competence.

RULE 3.02. In every case, a Judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interests, public opinion or fear of criticism.

RULE 3.03. A judge shall maintain order and proper decorum in the court.

RULE 3.04. A Judge should be patient, attentive, and courteous to lawyers, especially the inexperienced, to litigants, witnesses, and others appearing before the court. A Judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts, instead of the courts for the litigants.

RULE 3.05. A Judge shall dispose of the court's business promptly and decide cases within the required periods.

RULE 3.06. While a judge may, to promote justice, prevent waste of time or clear up some obscurity, properly intervene in the presentation of evidence during the trial, it should always be borne in mind that undue interference may prevent the proper presentation of the cause or the ascertainment of truth.

RULE 3.07. A Judge should abstain from making public comments on any pending or impending case and should require similar restraint on the part of court personnel.

ADMINISTRATIVE RESPONSIBILITIES

RULE 3.08. A Judge should diligently discharge administrative responsibilities, maintain professional competence in court management, and facilitate the performance of the administrative functions of other judges and court personnel.

RULE 3.09. A Judge should organize and supervise the court personnel to ensure the prompt and efficient dispatch of business, and require at all times the observance of high standards of public service and fidelity.

RULE 3.10. A judge should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.

RULE 3.11. A judge should appoint commissioners, receivers, trustees, guardians, administrators and others strictly on the basis of merit and qualifications, avoiding nepotism and favoritism. Unless otherwise allowed by law, the same criteria should be observed in recommending appointment of court personnel. Where the payment of compensation is allowed, it should be reasonable and commensurate with the fair value of services rendered.

DISQUALIFICATIONS

RULE 3.12. A judge should take no part in a proceeding where the Judge's impartiality might reasonably be questioned. These cases include, among others, proceedings where:

a) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding;

b) the Judge served as executor, administrator, guardian, trustee or lawyer in the case or matters in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein;

c) the judge's ruling in a lower court is the subject of review;

d) the judge is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree;

e) the judge knows that the judge's spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.

In every instance the judge shall indicate the legal reason for inhibition.

REMITTAL OF DISQUALIFICATION

RULE 3.13. A judge disqualified by the terms of rule 3.12 may, instead of withdrawing from the proceeding, disclose on the record the basis of disqualification. If, based on such disclosure, the parties and lawyers independently of the judge's participation, all agree in writing that the reason for the inhibition is immaterial or insubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceeding.

CANON 4 A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES, ENGAGE IN ACTIVITIES TO IMPROVE THE LAW, THE LEGAL SYSTEM AND THE ADMINISTRATION OF JUSTICE.

RULE 4.01. A judge may, to the extent that the following activities do not impair the performance of judicial duties or cast doubt on the judge's impartiality:

(a) speak, write, lecture, teach or participate in activities concerning the law, the legal system and the administration of justice;

(b) appear at a public hearing before a legislative or executive body on matters concerning the law, the legal system or the administration of justice and otherwise consult with them on matters concerning the administration of justice.

(c) serve on any organization devoted to the improvement of the law, the legal system or the administration of justice.

CANON 5 A JUDGE SHOULD REGULATE EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES.

A VOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES

RULE 5.01. A judge may engage in the following activities provided that they do not interfere with the performance of judicial duties or detract from the dignity of the court:

(a) write, lecture, teach and speak on non-legal subjects;

(b) engage in the arts, sports, and other special recreational activities;

(c) participate in civic and charitable activities;

(d) serve as an officer, director, trustee, or non-legal advisor of a non-profit or non-political educational, religious, charitable, fraternal, or civic organization.

FINANCIAL ACTIVITIES

RULE 5.02. A judge shall refrain from financial and business dealings that tend to reflect adversely on the court's impartiality, interfere with the proper performance of judicial activities or increase involvement with lawyers or persons likely to come before the court. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification.

RULE 5.03. Subject to the provisions of the proceeding rule, a judge may hold and manage investments but should not serve as an officer, director, manager, advisor, or employee of any business except as director of a family business of the judge.

RULE 5.04. A judge or any immediate member of the family shall not accept a gift, bequest, favor or loan from anyone except as may be allowed by law.

RULE 5.05. No information acquired in a judicial capacity shall be used or disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities.

FIDUCIARY ACTIVITIES

RULE 5.06. A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of the immediate family, and then only if such service will not interfere with the proper performance of judicial duties. "Member of immediate family" shall be limited to the spouse and relatives within the second degree of consanguinity. As a family fiduciary, a judge shall not:

(1) serve in proceedings that might come before the court of said judge; or

(2) act as such contrary to Rules 5.02 to 5.05.

PRACTICE OF LAW AND OTHER PROFESSION

RULE 5.07. A Judge shall not engage in the private practice of law. Unless prohibited by the Constitution or law, a judge may engage in the practice of any other profession provided that such practice will not conflict or tend to conflict with judicial functions.

FINANCIAL DISCLOSURE

RULE 5.08. A judge shall make full financial disclosure as required by law.

EXTRA-JUDICIAL APPOINTMENTS

RULE 5.09. A judge shall not accept appointment or designation to any agency performing quasi -judicial or administrative functions.

POLITICAL ACTIVITIES

RULE 5.10. A judge is entitled to entertain personal views on political questions. But to avoid suspicion of political partisanship, a judge shall not make political speeches, contribute to party funds, publicly endorse candidates for political office or participate in other partisan political activities.

COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT

All judges shall strictly comply with this code.

DATE OF EFFECTIVITY

This Code, promulgated on 5 September 1989, shall take effect on 20 October 1989.

(Code of Judicial Conduct, [September 5, 1989])