Canon 3. Judges should perform the duties of their office impartially and diligently.

 The judicial duties of judges take precedence over all their other activities. Their judicial duties include all the duties of their office prescribed by law. In the performance of these duties, the following standards apply:

   A.  Adjudicative responsibilities.

     (1)   Judges should be faithful to the law and maintain professional competence in it. They should be unswayed by partisan interests, public clamor, or fear of criticism.

     (2)   Judges should maintain order and decorum in proceedings before them.

     (3)   Judges should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom they deal in their official capacity, and should require similar conduct of lawyers, and of their staff, court officials, and others subject to their direction and control.

   Official Note

   The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Courts can be efficient and businesslike while being patient and deliberate.

     (4)   Judges should accord to all persons who are legally interested in a proceeding, or their lawyers, full right to be heard according to law, and, except as authorized by law, must not consider ex parte communications concerning a pending proceeding.

     (5)   Judges should dispose promptly of the business of the court.

   Official Note

   Prompt disposition of the court’s business requires judges to devote adequate time to their duties, to be punctual in attending court and expeditious in determining matters under submission, and to insist that court officials, litigants and their lawyers cooperate with them to that end.

     (6)   Judges should abstain from public comment about a pending proceeding in any court, and should require similar abstention on the part of court personnel subject to their direction and control. This subsection does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court.

   Official Note

   ‘‘Court personnel’’ does not include the lawyers in a proceeding before a judge. The conduct of lawyers is governed by DR7-107 of the Code of Professional Responsibility.

     (7)   Judges should prohibit broadcasting, televising, recording or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions, except that a judge may authorize:

       (a)   the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record or for other purposes of judicial administration;

       (b)   the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization proceedings;

       (c)   the photographic or electronic recording and reproduction of appropriate court proceedings under the following conditions:

         (i)   the means of recording will not distract participants or impair the dignity of the proceedings; and

         (ii)   the parties have consented; and the consent to being depicted or recorded has been obtained from each witness appearing in the recording and reproductions; and

         (iii)   the reproduction will not be exhibited until after the proceeding has been concluded and all direct appeals have been exhausted; and

         (iv)   the reproduction will be exhibited only for instructional purposes in educational institutions.

       (d)   the use of electronic broadcasting, televising, recording and taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions of any trial court nonjury civil proceeding, however, for the purposes of this subsection ‘civil proceedings’ shall not be construed to mean a support, custody or divorce proceeding. Subsection (iii) and (iv) shall not apply to nonjury civil proceedings as heretofore defined. No witness or party who expresses any prior objection to the judge shall be photographed nor shall the testimony of such witness or party be broadcast or telecast. Permission for the broadcasting, televising, recording and photographing of any civil nonjury proceeding shall have first been expressly granted by the judge, and under such conditions as the judge may prescribe in accordance with the guidelines contained in this Order.

   Official Note

   Temperate conduct of judicial proceedings is essential to the fair administration of justice. The recording and reproduction of a proceeding should not distort or dramatize the proceeding.

   Canon 3(A)7(d) shall be effective from October 1, 1979, to September 30, 1980, at which time Canon 3(A)7 shall be reinstated, without further order of the court, in its form immediately prior to the entry of this amendment.

   B.  Administrative responsibilities.

     (1)   Judges should diligently discharge their administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.

     (2)   Judges should require their staff and court officials subject to their direction and control to observe the standards of fidelity and diligence that apply to judges.

     (3)   Judges should take or initiate appropriate disciplinary measures against a judge or lawyer for unprofessional conduct of which the judge may become aware.

   Official Note

   Disciplinary measures may include reporting a judge’s or lawyer’s misconduct to an appropriate disciplinary body.

     (4)   Judges should not make unnecessary appointments. They should exercise their power of appointment only on the basis of merit, avoiding favoritism. They should not approve compensation of appointees beyond the fair value of services rendered.

   Official Note

   Appointees of the judge include officials such as referees, commissioners, special masters, receivers, guardians and personnel such as clerks, secretaries, and bailiffs. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by this subsection.

   C.  Disqualification.

     (1)   Judges should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned, including but not limited to instances where:

       (a)   they have a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

       (b)   they served as a lawyer in the matter in controversy, or a lawyer with whom they previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;

   Official Note

   A lawyer in a governmental agency does not necessarily have an association with other lawyers employed by that agency within the meaning of this subsection; judges formerly employed by a governmental agency, however, should disqualify themselves in a proceeding if their impartiality might reasonably be questioned because of such association.

       (c)   they know that they, individually or as a fiduciary, or their spouse or minor child residing in their household, have a substantial financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;

       (d)   they or their spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:

         (i)   is a party to the proceeding, or an officer, director, or trustee of a party;

         (ii)   is acting as a lawyer in the proceeding;

   Official Note

   The fact that a lawyer in a proceeding is affiliated with a law firm with which a lawyer-relative of the judge is affiliated does not of itself disqualify the judge. Under appropriate circumstances, the fact that ‘‘their impartiality might reasonably be questioned’’ under Canon 3C(1), or that the lawyer-relative is known by the judge to have an interest in the law firm that could be ‘‘substantially affected by the outcome of the proceeding’’ under Canon 3C(1)(d)(iii) may require the judge’s disqualification.

         (iii)   is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;

         (iv)   is to the judge’s knowledge likely to be a material witness in the proceeding;

     (2)   Judges should inform themselves about their personal and fiduciary financial interests, and make a reasonable effort to inform themselves about the personal financial interests of their spouse and minor children residing in their household.

     (3)   For the purposes of this section:

       (a)   the degree of relationship is calculated according to the civil law system;

   Official Note

   According to the civil law system, the third degree of relationship test would, for example, disqualify judges if their or their spouse’s parents, grandparents, aunts or uncles, siblings, nieces or nephews or their spouses were a party or lawyer in the proceeding, but would not disqualify them if a cousin were a party or lawyer in the proceeding.

       (b) ‘‘fiduciary’’ includes such relationships as executor, administrator, trustee, and guardian;

       (c)   ‘‘financial interest’’ means ownership of a legal or equitable interest, if substantial, or a relationship as director, advisor, or other active participant in the affairs of a party, except that:

         (i)   ownership in a mutual or common investment fund that holds securities is not a ‘‘financial interest’’ in such securities unless the judge participates in the management of the fund;

         (ii)   an office in an educational, religious, charitable, fraternal, or civic organization is not a ‘‘financial interest’’ in securities held by the organization;

         (iii)   the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a substantial ‘‘financial interest’’ in the organization only if the outcome of the proceeding could substantially affect the value of the interest;

         (iv)   ownership of securities is a ‘‘financial interest’’ in the issuer only if the outcome of the proceeding could substantially affect the value of securities.

   The provisions of this Canon 3 amended September 20, 1979, effective October 1, 1979, 9 Pa.B. 3365. Immediately preceding text appears at serial page (15318).