23.03. Perform the duties of the judicial office impartially

 When performing their judicial duties, a judge must uphold and apply the law fairly and impartially.[1]  This seems straight forward, but consider two different scenarios.  First, a judge believes that a law is unfairly putting people out of their homes; therefore, he chooses not to apply the law to a group of tenants.  The judge is subject to discipline because a judge must follow the law even if the judge personally disagrees with it.[2]   Second, a judge believes that a certain law is unconstitutional and adopts a novel argument for striking it down.  Subsequently the judge’s decision is unanimously overturned by a higher court.  The judge is not subject to discipline because the judge’s decision was based on a good-faith error of law.[3] One final note.  Judges traditionally provide assistance and guidance to parties proceeding pro se that are not given to those represented by counsel.  This is not a violation of the judge’s duty to act impartially.  The CJC states that a judge may “make reasonable accommodations to ensure pro se litigants the opportunity to have their matters fairly heard.”[4]

[1] ABA Code of Judicial Conduct, Canon 2, Rule 2.2.

[2] ABA Code of Judicial Conduct, Canon 2, Rule 2.2, Comment [2].

[3] ABA Code of Judicial Conduct, Canon 2, Rule 2.2, Comment [3].

[4] ABA Code of Judicial Conduct, Canon 2, Rule 2.2, Comment [4].