A collection of rules governing the conduct of judges while they serve in their professional capacity.
The Code of Judicial Conduct was formulated by the AMERICAN BAR ASSOCIATION (ABA) in 1972. The code itself does not have the force of law, but federal and state governments have adopted it and use violations of its rules as the basis for punitive action against judges.
The Canons of Judicial Ethics were criticized as being too vague to provide guidance in resolving important questions. Even the preamble revealed the canons to be nothing more than an ABA wish list: The American Bar Association, mindful that the character and conduct of a Judge should never be objects of indifference, and that declared ethical standards tend to become habits of life, deems it desi…
The preface to the code stands in sharp contrast to the weak preamble of the canons. According to the preface, the Code of Judicial Conduct "states the standards that judges should observe. The canons and text establish mandatory standards unless otherwise indicated. It is hoped that all jurisdictions will adopt this Code and establish effective disciplinary procedures for its enforcement.&…
In 1980, Congress enacted the Judicial Councils Reform and Judicial Conduct and Disability Act (28 U.S.C.A. §§ 331, 332, 372, 604 [1982]). This act authorized each of the 13 federal circuits to establish a judicial council to review complaints against federal judges. The judicial council, comprising judges, was also authorized to order sanctions for violations of the Code of Judicial…
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