Opinion
JUDICIAL ADMINISTRATION DOCKET NO. 483
03-28-2017
IN RE: AMENDMENT OF RULE 2.3 OF THE CODE OF JUDICIAL CONDUCT
ORDER
AND NOW, this 28th day of March, 2017, it is ORDERED, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that Rule 2.3 of the Code of Judicial Conduct is amended in the attached form.
To the extent that notice of proposed rulemaking would otherwise be required by Pa.R.J.A. No. 103, the immediate promulgation of the amendments is found to be in the interests of justice and efficient administration.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and the amendments herein shall be effective immediately. Additions are shown in bold and are underlined. Rule 2.3. Bias, Prejudice, and Harassment. (A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice. (B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender identity or expression , religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so. (C) A judge shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including but not limited to race, sex, gender identity or expression , religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, against parties, witnesses, lawyers, or others. (D) The restrictions of paragraphs (B) and (C) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding.