SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT

ADVOCATE

Current with amendments received through 6/30/99

SCR 3.130(3.5) IMPARTIALITY AND DECORUM OF THE TRIBUNAL

A lawyer shall not:

(a) Seek to influence a judge, juror, prospective juror or other official by means prohibited by law;

(b) Communicate ex parte with such a person as to the merits of the cause except as permitted by law; or

(c) Engage in conduct intended to disrupt a tribunal.

Adopted by Order 89-1, eff. 1-1-90

COMMENTARY

Supreme Court

1989:

[1] Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are specified in the ABA Model Code of Judicial Conduct, with which an advocate should be familiar. A lawyer is required to avoid contributing to a violation of such provisions.

[2] The advocate's function is to present evidence and argument so that the cause may be decided according to law. Refraining from abusive or obstreperous conduct is a corollary of the advocate's right to speak on behalf of litigants. A lawyer may stand firm against abuse by a judge but should avoid reciprocation; the judge's default is no justification for similar dereliction by an advocate. An advocate can present the cause, protect the record for subsequent review and preserve professional integrity by patient firmness no less effectively than by belligerence or theatrics.

Ethics Opinions At This Website Citing This Rule

KBA E-402