Terminology and Exceptions to Applicability

As amended through September 26, 2024

TERMINOLOGY

Bias - A subjective inclination, bent, or preconceived opinion based on extrajudicial factors (i.e. factors other than the law or evidence applicable in the matter under consideration), that impairs a judge from exercising fair and independent judgment regarding an issue, person, or party. Bias does not refer to the possession of a general judicial philosophy.

Contribution - Both financial and in-kind gifts or payments, such as goods, professional or volunteer services, advertising, and other assistance, which if otherwise obtained would require a financial expenditure.

De minimis - In the context of interests pertaining to disqualification of a judge, an in significant interest that could not raise a reasonable question regarding the judge's impartiality.

Domestic partner - A person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married.

Economic interest - More than a de minimis legal or equitable ownership interest. Economic interests do not include:

(1) an interest in the individual holdings within a mutual or common investment fund;

(2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the judge or the judge's spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant;

(3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests; or

(4) an interest in the issuer of government securities held by the judge.

However, if in any of the above scenarios regarding economic interests the judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a judge, then it would constitute an economic interest.

Election - Includes general, primary, and special elections for public office or office in apolitical organization or to hold a referendum, whether the election is partisan or nonpartisan. The term "election" as used in these Canons, however, does not prohibit judges from voting in or holding elected positions in educational, religious, charitable, fraternal or civic organizations, including without limitation bar associations.

Family relationships - All relationships with persons defined as "member(s) of the judge's family".

Fiduciary - Includes relationships such as executor, administrator, trustee, or guardian.

Impartial, impartiality, impartially - Absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge.

Impending - Imminent or expected to occur in the near future.

Improper - Includes conduct that violates the law, court rules, or provisions of these Canons, and conduct that undermines a judge's impartiality, the public trust, or the efficient and effective delivery of justice.

Independence - A judge's freedom from influence or controls other than those established bylaw or rule.

Integrity- Fairness, honesty, impartiality, and soundness of character.

Knowingly, knowledge, known, and knows - Actual knowledge of the fact in question. A person's knowledge may be inferred from the circumstances.

Law - Constitutional provisions, statutes, administrative regulations, decisional law, and court rules.

Member of the judge's family - The spouse, domestic partner, child, step-child, grandchild, parent, grandparent, other relative, or person with whom the judge maintains a close familial relationship. The definition of "family" may vary based on the particular standard involved.

Nonpublic information- Information that is not available to the public. Nonpublic information may include, but is not limited to, information that is sealed by statute or court order or impounded or communicated in camera, and information offered in grand jury proceedings, presentence reports, dependency cases, or psychiatric reports.

Party- A person or entity named in a court proceeding.

Pending- Commenced and continuing through any appellate process until final disposition.

Personal business - Matters of personal concern completely unrelated to the business of the judiciary.

Political activity - Activity (1) in support of or on behalf of a political organization or candidate, or (2) activity which publicly advocates the adoption or rejection of legislation or policies of the federal, state, or local government that are not related to the improvement of the law, the legal system, or the administration of justice.

Political organization - A political party or group that (1) is sponsored by or affiliated with apolitical party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office; or (2) has as its principal purpose to advocate for the adoption or rejection of legislation or policies of the federal, state, or local government that are not related to the improvement of the law, the legal system, or the administration of justice.

Prejudice - A fixed mental attitude or position of a judge, based on extra judicial factors (i.e. factors other than the law or evidence applicable in the matter under consideration), that impairs a judge from dealing fairly and impartially with an issue, person, or party. The presence or absence of prejudice can be determined by the totality of the circumstances.

Protected class - Those persons belonging to groups protected against discrimination by the Constitution and Statutes of the Commonwealth of Virginia, and of the United States, and by relevant regulations and case law.

Sexual harassment - Sexual harassment includes, but is not limited to sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature that is unwelcome.

Social media - Internet-based services on which individuals share information, ideas, interests, activities, photos, and videos through virtual communities and networks using electronic devices.

Solicit - Directly requesting financial support, favor, in-kind goods or services, or membership, whether made by letter, telephone, email, social media, or any other means of communication.

Standards - Binding statements expounding on the meaning of the Canons. Standards will sometimes include examples or illustrations.

Within the third degree of relationship - The term "within the third degree of relationship "includes all relatives within the first, second, or third degree of relationship. "First degree relatives" include an individual's parents, siblings, and children. "Second degree relatives "include an individual's grandparents, grandchildren, uncles, aunts, nephews, nieces, and half-siblings. "Third degree relatives" include an individual's great-grandparents, great grandchildren, great aunts/uncles, and first cousins.

EXCEPTIONS TO APPLICABILITY

1. Notwithstanding the provisions of Code §§ 17.1-106, 17.1-302, 17.1-401, and 16.1-69.22:1, for purposes of these Canons a "retired judge" is "in recall status" if:

(a) the judge is included on the list known as the "Recall List" as determined by the Chief Justice and administered by the Office of the Executive Secretary of the Supreme Court of Virginia; or

(b) the judge is not included on the Recall List but has otherwise been recalled to judicial service by the Chief Justice, in which case these Canons will apply to the judge only during the time that the judge has been recalled to active judicial service. A member of the State Corporation Commission or the Workers' Compensation Commission is "eligible for recall to judicial service" if that member has been recalled to service under Code § 12.1-11.1 or Code § 65.2-705.

2. A judge pro tempore is a person who is appointed pursuant to §§ 17.1-109, 17.1-110, and 17.1-111 of the Code of Virginia to act temporarily as a judge.

(a) While acting as such, a judge pro tempore is required to comply with the Canons as they apply to the case that is pending before him or her. Compliance with the Canons is not required if the case has been appealed to another court and is no longer pending before the judge pro tempore.

(b) A person who has been a judge pro tempore may not act as a lawyer in a proceeding in which he or she has served as a judge or in any proceeding related thereto.

3. Retired judge, senior judge, or senior justice. The provisions of Code § 51.1-309 and of these Canons apply to retired judges who are subject to recall and to senior judges and senior justices. Retired judges and retired justices who are not serving as senior judges or senior justices are exempt from Canons 2G, 2N(1) and (3), 2P, 2U(2), and 3G. Retired judges and retired justices serving in a senior capacity are exempt from Canon 3G. These Canons do not apply to retired judges who are not subject to recall.

4. Substitute judge or special justice. A substitute judge or special justice may not act as a lawyer in a proceeding in which he or she has served as a judge or in any other proceeding related thereto but otherwise may practice law in the court on which he or she serves. A substitute judge or special justice is not required to comply with Canons 2H, 2N(1), and 2N(4), except that he or she may not use or permit the use of the prestige of judicial office for fundraising or membership solicitation. A substitute judge or special justice is not required to comply with Canons 2G, 2P, 2U(2), and 3G.

5. Person selected for judgeship. A person selected for a full-time position subject to the provisions of these Canons who is not already a justice or judge, from either election by both houses of the General Assembly or appointment by the appropriate authority until taking the oath of office as a justice or judge, is required to comply with Canons 1C(1) and (2), 1E, 1O(1), 2, 2A, 2D, 2J, 2L(1) and (2), 2N(4), 2O(4)(a, b, and c), 2U(1)(a), 2V, and 3I. Such person must arrange his or her affairs to be in compliance with the other appropriate parts of the Canons of Judicial Conduct at the time that he or she takes the oath of office.

Adopted by order dated December 15, 2021, effective 1/1/2022.