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TERMINOLOGY

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
VII. Judicial Ethics (Refs & Annos)
Rule 81. Arizona Code of Judicial Conduct (Refs & Annos)
Effective: September 1, 2019
A.R.S. Sup.Ct.Rules, Rule 81, Code of Jud.Conduct, Terminology
TERMINOLOGY
“Appropriate authority” means the authority having responsibility for initiation of disciplinary process in connection with the violation to be reported.
“Contribution” means both financial and in-kind contributions, such as goods, professional or volunteer services, advertising, and other types of assistance, which, if obtained by the recipient otherwise, would require a financial expenditure.
“De minimis,” in the context of interests pertaining to disqualification of a judge, means an insignificant interest that could not raise a reasonable question regarding the judge's impartiality.
“Domestic partner” means 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” means ownership of more than a de minimis legal or equitable interest and is further defined, for purposes of compliance with state law, in A.R.S. § 38-502(11). Except for situations in which 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, it does 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.
“Fiduciary” includes relationships such as executor, administrator, trustee, or guardian.
“Impartial,” “impartiality,” and “impartially” mean 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 matter” is a matter that is imminent or expected to occur in the near future.
“Impropriety” includes conduct that violates the law, court rules, or provisions of this Code, and conduct that undermines a judge's independence, integrity, or impartiality.
“Independence” means a judge's freedom from influence or controls other than those established by law.
“Integrity” means probity, fairness, honesty, uprightness, and soundness of character.
“Judge” means any person who is authorized to perform judicial functions within the Arizona judiciary, including a justice or judge of a court of record, a justice of the peace, magistrate, court commissioner, special master, hearing officer, referee, or pro tempore judge.
“Judicial candidate” means any person, including a sitting judge, who is seeking selection for or retention in judicial office by election or appointment. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election or appointment authority, authorizes or, where permitted, engages in solicitation or acceptance of contributions or support, or is nominated for election or appointment to office.
“Knowingly,” “knowledge,” “known,” and “knows” means actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.
“Law” encompasses court rules as well as ordinances, regulations, statutes, constitutional provisions, and decisional law.
“Member of the judge's family” means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship.
“Member of a judge's family residing in the judge's household” means any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household.
“Nonpublic information” means 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 dependency cases or psychiatric reports.
“Pending matter” is a matter that has commenced. A matter continues to be pending through any appellate process until final disposition.
“Personally solicit” means a direct request made by a judge or a judicial candidate for financial support or in-kind services, whether made by letter, telephone, or any other means of communication.
“Political organization” means a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office. For purposes of this code, the term does not include a judicial candidate's campaign committee created as authorized by Rule 4.3.
“Public election” includes primary and general elections, partisan elections, nonpartisan elections, recall elections, and retention elections.
“Third degree of relationship” includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 81, Code of Jud. Conduct, Terminology, AZ ST S CT RULE 81 CJC Terminology
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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