| REQUEST FOR PUBLIC COMMENTS ON PROPOSED REVISIONS TO CODE OF CONDUCT FOR UNITED STATES JUDGES
The Judicial Conference Committee on Codes of Conduct requests public comments on proposed revisions to the Code of Conduct for United States Judges ("Code of Conduct"). The proposed revisions are based in large part on revisions adopted by the American Bar Association in February 2007, amending the ABA Model Code of Judicial Conduct.
The Code of Conduct was initially adopted by the Judicial Conference in 1973. It was based on the Model Code of Judicial Conduct approved by the ABA in 1972 but reflected a number of modifications necessary to adapt the provisions to the federal judiciary. The Judicial Conference adopted substantial revisions to the Code of Conduct in 1992, stemming from the ABA's approval of a revised Model Code of Judicial Conduct in 1990.
In September 2003, the ABA commenced a project to further revise the Model Code of Judicial Conduct. The Committee on Codes of Conduct monitored the project closely on the assumption that, upon approval of a revised ABA Model Code, the Committee would consider whether to recommend revisions to the Code of Conduct. The ABA approved the latest revised Model Code of Judicial Conduct on February 12, 2007.
During the last year, the Committee on Codes of Conduct conducted a comprehensive review of the Code of Conduct prompted by the ABA's adoption of the newly revised Model Code. The Committee concluded that the ABA Model Code reflects many valuable clarifications, expansions, updates, and improvements, which the Committee proposes to incorporate into the Code of Conduct. Although the Committee does not propose to adopt the overall organization and numbering format of the revised ABA Model Code, the Committee does propose to combine current Canons 4, 5 and 6 into a single new Canon, along the lines of the ABA Model Code's organization of these provisions. Adoption of these revisions will improve and update the ethical guidance contained in the federal judiciary's Code of Conduct.
The proposed revised Code of Conduct for United States Judges is presented here in two versions. The first version is a clean copy reflecting the proposed new Code of Conduct in its entirety. The second version indicates in redline highlights, strikeovers, and bracketed notes the revisions proposed to be made to the current Code of Conduct.
Comments may be submitted to the Committee on Codes of Conduct by electronic mail at the following address: <PUBLIC COMMENT PERIOD CLOSED > In order to be considered, comments must be received by Friday, April 18, 2008. The Committee on Codes of Conduct requests all commenters to identify themselves and their institutional affiliation, if any. Any public comments received may, at the Committee's discretion, be publicly disclosed on the judiciary's web site, www.uscourts.gov.
At the close of the comment period, the Committee on Codes of Conduct will review and analyze the comments received and consider further revisions, as necessary. The Committee plans to forward its final recommendations to the Judicial Conference for consideration at its September 2008 meeting.
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