SCOPE
[1] The Utah Code of Judicial Conduct consists of four
Canons, numbered Rules under each Canon, and Comments that generally follow and
explain each Rule. Scope and Terminology sections provide additional guidance
in interpreting and applying the Code. An Application section establishes when
the various Rules apply to a judge or judicial candidate.
[2] The Canons state overarching principles of judicial
ethics that all judges must observe. Although a judge may be disciplined only
for violating a Rule, the Canons provide important guidance in interpreting the
Rules. Where a Rule contains a permissive term, such as “may” or “should,” the
conduct being addressed is committed to the personal and professional
discretion of the judge or candidate in question, and disciplinary action shall
not be taken for action or inaction within the bounds of such discretion.
[3] The Comments that accompany the Rules serve two
functions. First, they provide guidance regarding the purpose, meaning, and
proper application of the Rules. They contain explanatory material and, in some
instances, provide examples of permitted or prohibited conduct. Comments
neither add to nor subtract from the binding obligations set forth in the
Rules. Therefore, when a Comment contains the term “must,” it does not mean
that the Comment itself is binding or enforceable; it signifies that the Rule
in question, properly understood, is obligatory as to the conduct at issue.
[4] Second, the Comments identify aspirational goals for
judges. To implement fully the principles of this Code as articulated in the
Canons, judges should strive to exceed the standards of conduct established by
the Rules, holding themselves to the highest ethical standards and seeking to
achieve those aspirational goals, thereby enhancing the dignity of the judicial
office.
[5] The Rules of the Utah Code of Judicial Conduct are
rules of reason that should be applied consistent with the law and with due
regard for all relevant circumstances. The Rules should not be interpreted to
impinge upon the essential independence of judges in making judicial decisions.
[6] Although the black letter of the Rules is binding and
enforceable, it is not contemplated that every transgression will result in the
imposition of discipline. Whether discipline should be imposed should be
determined through a reasonable and reasoned application of the Rules, and
should depend upon factors such as the seriousness of the transgression, the
facts and circumstances that existed at the time of the transgression, the
extent of any pattern of improper activity, whether there have been previous
violations, and the effect of the improper activity upon the judicial system or
others.
[7] The Code is not designed or intended as a basis for
civil or criminal liability. Neither is it intended to be the basis for
litigants to seek collateral remedies against each other or to obtain tactical
advantages in proceedings before a court.