Iowa court revamps conduct code for judges

DES MOINES – The Iowa Supreme Court on Friday approved the first major rewrite of the code of conduct covering Iowa judges in roughly three decades.

Iowa Supreme Court Chief Justice Marsha Ternus said the revisions are designed to update, clarify, and strengthen judicial ethical rules. 

"The Code of Judicial Conduct serves an important public purpose. It helps to keep our courts fair and impartial by providing guidance to judges in maintaining high standards of conduct. It also serves as a basis for discipline if and when a judge fails to maintain those high standards," Ternus said.

"The new code closely parallels the 2007 ABA Model Code, which was carefully designed to provide prudent, clear, and well-reasoned guidance to judges,” she added. “The court is confident that the model code provides the best framework within which to guide the ethical conduct of Iowa judges."

In addition to Iowa, 12 states have revised their codes of judicial conduct based, in whole or in part, upon the 2007 ABA Model Code, nine states have revisions based on the model code pending, and 20 states are in the process of reviewing the model code for adoption. 

The new code contains a test that defines when conduct violates the "appearance of impropriety." It describes the appearance of impropriety as: "whether the conduct would create in reasonable minds a perception that the judge violated this code or engaged in other conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge."

It also adds harassment to bias and prejudice as the types of prohibited conduct and expands the list of prohibited bases of discrimination by adding religion, gender, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation.

Other changes deal with “ex parte communications” made to a judge outside the presence of all parties or their lawyers regarding a pending or impending case; statements about pending cases; instances involving judicial disqualification or recusal; situations involving judicial or attorney misconduct; extrajudicial and personal activities; gifts; and participation in charitable, civic, religious or law-related activities. The new code also addresses campaign and political activities and participation in judicial retention elections.

Included is a canon providing that 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.

The provision bars a judge or judicial candidate from acting as a leader, hold office or speak on behalf of a political organization, publicly endorsing or opposing a candidate for public office, participating in a precinct caucus or engaging in other political activities outlined in the canon.

"The new Iowa Code of Judicial Conduct retains longstanding ethical principles and rules that are essential for maintaining high standards of judicial conduct,” said Supreme Court Justice Mark Cady, who co-chaired a committee that worked on the comprehensive rewrite.

“In addition, the revised code has many new rules. Some of the new rules address issues related to changes in the court environment such as the emergence of drug courts and the significant increase in the number of self-represented litigants. A number of the new rules augment fundamental principles and provide guidance tailored for a range of situations. Some new rules address recent developments in the law. All of these changes reinforce the high ethical standards expected of and maintained by Iowa's judges,” Cady said.

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