Preface

Why a Judge May Abstain from Public Comment

Although judges may make public statements in the course of their official duties and may explain for public information, the procedures of the court, a judge may abstain from public comment while a court case is pending.

Our legal system is based on the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us. Judges, individually and collectively, respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.

It is vitally important to the perception of justice that the sole source of information regarding court proceedings be “on the record” in the courtroom and the records filed in a court case. A single source of information improves the participant’s and the public’s sense of fairness in the judicial system, insures the accuracy of coverage of proceedings, and captures, as part of the record, all matters and statements that could be considered on appeal.

The Code of Judicial Conduct establishes standards for ethical conduct of Idaho judges. It consists of broad statements called Canons, specific rules set forth in Sections under each Canon, a Terminology Section, an Application Section, and Commentary. Canon 3 provides that a judge shall perform the duties of judicial office impartially and diligently. Addressed as part of this Canon is the requirement that:

“B. (9) A judge shall not, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any nonpublic comment that might substantially interfere with a fair trial or hearing. The judge shall require* similar abstention on the part of court personnel* subject to the judge’s direction and control. This Section does not prohibit judges from making public statement in the course of their official duties or from explaining for public information the procedures of the court. This Section does not apply to proceedings in which the judge is a litigant in a personal capacity.”

The requirement that judges abstain from public comment regarding a pending or impending proceeding continues during any appellate process and until final disposition.

Judges are guided by the ethical standards articulated in the Canons of Judicial Conduct, which may be found at http://www.judicialcouncil.idaho.gov/code.pdf.

The conduct of lawyers relating to trial publicity is governed by Rule 3.6 of the Idaho Rules of Professional Conduct, which may be found at http://www2.state.id.us/isb/PDF/IRPC.pdf.