Preservation of our liberties and the Rule of Law requires the unwavering vigilance of citizens to ensure that our courts remain fair and impartial. While this is certainly a public responsibility, the burden falls even more heavily on judges.
I know this burden well, having served 28 years as a state court judge. In Hawaii, people see judges around town doing normal, everyday things. We’re people, just like you. But when a judge doesn’t talk to someone with a pending case, or accept gifts, or an invitation to certain activities, you might think the judge is unfriendly or uncaring.
What you may not realize is that judges are held to a higher standard of conduct than most others, including business professionals, government officials, and politicians. There are many things you can do that judges are prohibited from doing.
In addition to federal, state, and county laws, a judge’s conduct, both on and off the bench, is also governed by a strict set of rules called the Judicial Code of Conduct.
Why should off-the-bench activities be a concern? If the public were to conclude, even erroneously, that cases were decided on the basis of favoritism, rather than according to law and fact, they might lose confidence in the judicial system. Consequently, judges must avoid all activity — in and out of the courtroom — that may even suggest the appearance of partiality, or that their rulings are tempered by favoritism or self-interest.
The Hawaii Code of Judicial Conduct was created to govern the behavior of state judges. Here are just a few examples of the rules judges must follow:
• No attorney could ever buy a judge lunch; unless that attorney is the spouse, family member, or very close friend, probably requiring the judge’s recusal from presiding over any case involving that attorney.
• A judge cannot accept a gift from an attorney with a case pending or impending before that judge even if that attorney is a close friend and the gift is a birthday present. Judges must also disclose any gift if its value exceeds $200.
• Judges cannot solicit contributions to any charitable organization, no matter how worthwhile the cause.
• Other than voting, judges cannot be involved in any kind of political activity, nor speak publicly about a political candidate. Judges must be very careful in what they say even when responding to unfair criticisms about the Judiciary.
• Judges must be conscious of their facial expressions while on the bench, and every other place judicial duties are performed.
• A judge must divest financial interests and investments that would require the judge to frequently disqualify himself or herself from hearing cases.
• A judge may not serve as an officer, manager, general partner, advisor, or employee of any business. Judges may participate only in a family business or business primarily engaged in investing financial resources of the judge or judge’s family, subject to requirements of the Code.
As you can see, the Judicial Code of Conduct significantly limits the degree to which judges can express personal opinions and beliefs. To a large extent, it prohibits the professional associations and social friendships that are so important to most people. Finally, in a very real way, it requires the sacrifice of most financial opportunities that would otherwise be available.
These restrictions, no matter how much they require the sacrifice of things most people take for granted, are necessary. It’s a choice I would make again even though I now know how painfully isolating a judge’s life can be. It is only through strict adherence to these codes that our judges are able to maintain the credibility needed to effectively serve the public.
I hope you now have a better understanding of why judges act the way they do. The Hawaii Revised Code of Judicial Conduct is available for review at: https://www.courts.state.hi.us/docs/court_rules/rules/rcjc.htm
National Judicial Outreach Week occurs annually in the first week of March, when judges engage with their communities to discuss the Rule of Law and the work courts do every day.
Ronald Ibarra (ret.) was appointed Circuit Court Judge of Hawaii’s Third Judicial Circuit in 1989. He served as Chief Judge from 2000 — 17. Today he serves on six state, county and non-profit committees and provides volunteer legal assistance at the Kona Self Help Center.