Rule 3.3. Testifying as a Character Witness

Category: Rules of The Supreme Court Section: PROCEDURAL RULES 1 TO 34

A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned.

Comment

[1] A judge who, without being subpoenaed, testifies as a character witness abuses the prestige of judicial office to advance the interests of another. See Rule 1.3. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness.

[2] Testifying as to the qualifications of a judicial nominee at a confirmation hearing is not to be construed as a violation of this rule.

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