Print Version
Previous PageFile uploaded: 4/3/2012


Each time any term listed below is used in a Rule in itsdefined sense, it is followed by an asterisk (*).

?Aggregate,? in relation to contributions for a candidate,means not only contributions in cash or in kind made directly to a candidate?s committee,but also all contributions made indirectly with the understanding that theywill be used to support the retention of a candidate. See Rule 2.11.

?Appropriate authority? means the presidingjudge and the authority having responsibility for initiation of disciplinaryprocess in connection with the violation to be reported. See Rules 2.14 and2.15.

?Contribution? means both financial and in-kindcontributions, such as goods, professional or volunteer services, advertising,and other types of assistance, which, if obtained by the recipient otherwise,would require a financial expenditure. See Rules 2.11, 2.13, 3.7, 4.1, and 4.2.

?De minimis,? in the context of interests pertaining todisqualification of a judge, means an insignificant interest that could notraise a reasonable question regarding the judge?s impartiality. See Rule 2.11.

?Directly solicit? means a direct request made by a judgeor a judicial candidate for financial support or in-kind services, whether madeby letter, telephone, or any other means of communication. See Rule 4.2.

?Domestic partners? are persons who maintain a household and anintimate relationship, who are not legally married. See Rules 2.11, 2.13, 3.13,and 3.14.

?Economic interest? means ownership of more than a de minimislegal or equitable interest. Except for situations in which the judgeparticipates in the management of such a legal or equitable interest, or theinterest could be substantially affected by the outcome of a proceeding beforea judge, it does not include:

(1) an interest in the individual holdings within amutual or common investment fund;

(2) an interest in securities held by an educational,religious, charitable, fraternal, or civic organization in which the judge orthe judge?s spouse, domestic partner, parent, or child serves as a director, anofficer, an advisor, or other participant;

(3) a deposit in a financial institution or deposits orproprietary interests the judge may maintain as a member of a mutual savingsassociation or credit union, or similar proprietary interests; or

(4) an interest in the issuer of government securitiesheld by the judge. See Rules 1.3, 2.11, and 3.2.

?Fiduciary? includes relationships such as executor, administrator,trustee, personal representative, holder of a power of attorney, or guardian.See Rules 2.11, 3.2, and 3.8.

?Harassment? means verbal or physical conduct thatdenigrates or shows hostility or aversion toward a person on bases such asrace, sex, gender, religion, national origin, ethnicity, disability, age,sexual orientation, marital status, socioeconomic status, or politicalaffiliation. See Rule 2.3.

?Impartial,? ?impartiality,? and ?impartially? meanabsence of bias or prejudice in favor of, or against, particular parties orclasses of parties, as well as presence of an objective and open mind inconsidering matters that come before a judge. See Canons 1, 2, and 4, and Rules1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.12, 3.13, 4.1, and 4.2.

?Impending matter? is a matter that is imminent orexpected to occur in the near future. See Rules 2.9, 2.10, 3.13, and 4.1.

?Impropriety? includes conduct that violates the law, courtrules, or provisions of this Code, and conduct that undermines a judge?s independence,integrity, or impartiality. See Canon 1 and Rule 1.2.

?Independence? means a judge?s freedom from influences orcontrols other than those established by law. See Canons 1 and 4, and Rules1.2, 3.1, 3.12, 3.13, 4.1 and 4.2.

?Integrity? means probity, fairness, honesty,uprightness, and soundness of character. See Canon 1 and Rules 1.2, 3.1, 3.12,3.13, 4.1, and 4.2.

?Judicial candidate? means any person, including a sittingjudge, who is seeking selection for or retention in judicial office by electionor appointment. A person becomes a candidate for judicial office as soon as heor she makes a public announcement of candidacy, declares or files as acandidate with the election or appointment authority, authorizes or, wherepermitted, engages in solicitation or acceptance of contributions or support,or is nominated for election or appointment to office. See Rules 2.11 and 4.1.

?Knowingly,? ?knowledge,? ?known,? and ?knows? meanactual knowledge of the fact in question. A person?s knowledge may be inferredfrom circumstances. See Rules 2.11, 2.13, 2.15, 2.16, 3.6, and 4.1.

?Law? encompasses, but is not necessarily limitedto, court rules, statutes, ordinances, constitutional provisions, and case law.See Rules 1.1, 2.1, 2.2, 2.6, 2.9, 3.1, 3.2, 3.4, 3.7, 3.9, 3.12, 3.13, 3.14,4.2, and 4.3.

?Member of the judge?s family? means a spouse,domestic partner, child, grandchild, parent, grandparent, or other relative orperson with whom the judge maintains a close familial relationship. See Rules3.7, 3.8, 3.10, and 3.11.

?Member of a judge?s family residing in the judge?shousehold? meansany relative of a judge by blood or marriage, or a person treated by a judge asa member of the judge?s family who resides in the judge?s household. See Rules2.11 and 3.13.

?Nonpublic information? means informationthat is not available to the public. Nonpublic information may include, but isnot limited to, information that is sealed by statute, rule, or court order orcommunicated in camera, and information offered in grand jury proceedings,presentencing reports, dependency cases, or psychiatric reports. See Rule 3.5.

?Pending matter? is a matter that has commenced. A mattercontinues to be pending through any appellate process until final disposition.See Rules 2.9, 2.10, 3.13, and 4.1.

?Political organization? means a politicalparty or other group sponsored by or affiliated with a political party orcandidate, the principal purpose of which is to further the election orappointment of candidates for political office. For purposes of this Code, theterm does not include a judicial candidate?s campaign committee created asauthorized by Rule 4.2. See Rule 4.1.

?Third degree of relationship? includes thefollowing persons: great-grandparent, grandparent, parent, uncle, aunt,brother, sister, child, grandchild, great-grandchild, nephew, and niece. SeeRule 2.11.