Preamble
These Canons of Judicial Conduct are intended to establish principles for the ethical conduct of justices and judges (collectively "judges") in the Commonwealth of Virginia. Our legal system is based on the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Intrinsic to these Canons are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. Judges should engage and serve their communities, and these Canons should not be construed as requiring judges to live and work in isolation from their communities. Judges should aspire at all times to live a life that ensures the greatest possible public confidence in the judge's independence, impartiality, integrity, and competence.
These three broad Canons, with their associated standards, are authoritative. Each standard, by explanation or example, constitutes binding authority to achieve the purpose and meaning of the associated Canon.
In determining whether a judge's conduct is consistent with these Canons and standards, the judge should consider three questions:
The Canons and standards are rules of reason and are not intended to be an exhaustive guide for the conduct of judges. They should be applied consistently with constitutional requirements, statutes, other court rules, and case law. Not every transgression should result in disciplinary action. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned interpretation of the Canons and standards. Any decision to impose discipline, and the degree of discipline, should depend on such factors as the seriousness of the conduct, whether there is a pattern of improper activity, and the extent to which the conduct adversely affects impartiality, the public trust, or the efficient and effective delivery of justice.
These Canons are intended to assist judges in maintaining the highest levels of judicial and personal conduct. They are the authoritative source for advice from the Judicial Inquiry and Review Commission and the Judicial Ethics Advisory Committee. In addition to provisions of the Constitution of Virginia and Virginia Code, these Canons are the legal basis upon which the Judicial Inquiry and Review Commission acts on complaints against judges. Finally, these Canons are not designed or intended as a basis for civil liability or criminal prosecution and may not be invoked by lawyers for mere tactical advantage in a proceeding.
The Canons apply to (1) all active Justices and Senior Justices of the Supreme Court of Virginia, and Judges and Senior Judges of the Court of Appeals of Virginia, Circuit Courts, General District Courts, Juvenile and Domestic Relations District Courts, Commissioners of the State Corporation Commission, and Commissioners of the Virginia Workers' Compensation Commission; (2) retired judges and Commissioners who are in recall status; (3) substitute judges and special justices; and (4) persons selected for a full-time judgeship either by election by both houses of the General Assembly or appointment by the appropriate authority, but who have not taken the oath of office as a justice or judge; and (5) judges pro tempore while acting as a judge pro tempore. Magistrates are not bound by these Canons. However, Canons of Conduct for Virginia Magistrates were adopted by the Committee on District Courts effective January 1,1980, and are applicable as amended.