Indiana Code of Judicial Conduct — Canon 3: A Judge Shall Conduct the Judge’s Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office

Rule 3.3: Testifying as a Character Witness

Effective January 1, 2009

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] This Rule does not prohibit judges from writing letters of recommendation in non-adjudicatory proceedings pursuant to Rule 1.3, Comments [2] and [3].

[3] This Rule applies to attorney and judicial disciplinary proceedings, including reinstatements.