Chapter 11 – The Judicial Branch
11.12 Ethical Principles for Judges
Judicial independence means judges make decisions based only on the law and the facts, without being influenced by politics, public opinion, or outside pressures. This principle is essential for protecting the integrity of the judicial system and building public trust.
In practice, though, independence can be difficult to achieve. In Ohio, judges are elected through a political process. Campaigns for office can create pressure to rule in ways that appeal to voters or financial supporters instead of focusing solely on the law. This can be especially challenging for judges who plan to run for reelection.
In states where judges are appointed, political influence can still shape the process. Governors who appoint judges may be influenced by ideology, policy goals, or pressure from interest groups. This shows that complete independence is difficult no matter how judges are chosen. Both elected and appointed systems create potential challenges to impartiality.
Judicial accountability means judges are responsible for their conduct and can face disciplinary action if they violate ethical standards. Oversight bodies, such as judicial conduct boards, investigate complaints and enforce rules when necessary.
To maintain fairness, judges must follow a strict code of conduct. A code of conduct is a set of rules that guide how people should act. The Ohio Code of Judicial Conduct has these four official Canons:
- A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
- A judge shall perform the duties of judicial office impartially, competently, and diligently.
- A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
- A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.
Examples from the Ohio Code of Judicial Conduct
Avoiding Impropriety (Canon 1)
Scenario: A judge is invited to an expensive dinner paid for by a local law firm that often appears in her courtroom. If she accepts, it might look like favoritism. The Code says judges must avoid even the appearance of impropriety.
Impartiality in Court (Canon 2)
Scenario: A judge is presiding over a case where one party is wealthy and represented by a well-known law firm, while the other party cannot afford a lawyer. The judge must apply the same rules to both sides and avoid giving special treatment to the side with more resources. Canon 2 requires impartiality so that justice is not influenced by money, power, or social standing.
Recusal (Canon 2, Rule 2.11)
Scenario: A judge is assigned a case where one of the lawyers is their cousin. To avoid a conflict of interest, the judge must recuse (step aside) so another judge can hear the case.
Extrajudicial Activities (Canon 3)
Scenario: A judge volunteers on weekends at a nonprofit that helps families in need. This is allowed, but the judge cannot use their judicial position to raise money for the nonprofit, since that could look like they are pressuring people to donate.
Limits on Political Activity (Canon 4)
Scenario: While running for reelection, a judge is asked to speak at a rally for a candidate running for governor. The Code prohibits judges from endorsing political candidates to protect the independence of the courts.
Ethical standards are reinforced through ongoing training. In Ohio, judges are required to participate in continuing legal education to stay up to date on changes in the law and to strengthen their commitment to ethical principles. By following these rules and engaging in regular training, judges protect the integrity of the courts and support public confidence in the justice system.
Key Terms in Judicial Ethics
Code of Conduct – A set of rules requiring judges to act with integrity, impartiality, and fairness, both in court and in their personal lives.
Judicial Independence – Judges make decisions based only on the law and facts, free from political or outside pressure.
Judicial Accountability – Judges are responsible for their conduct and can face discipline for violating ethical rules.
Recusal – When a judge steps aside from a case to avoid a conflict of interest or the appearance of bias.
References
Ohio Legislative Service Commission. 2023. Chapter 11 – The Judicial Branch in A Guidebook for Ohio Legislators. Columbus OH p. 127-129.
Sracic, Paul A., and William C. Binning. 2015. Chapter 5 – Courts in Ohio in Ohio Government and Politics. Washington DC: CQ Press p. 86-87.
