Order - Amendments to Code of Judicial Conduct Rule 3.17 Regarding Confidentiality of Ethics Grievances and Judicial Disqualification

SUPREME COURT OF NEW JERSEY 

It is ORDERED that the attached amendments to Rule 3 .17 ("Disqualification") of the Code of Judicial Conduct, as included in the Rules Governing the Courts of the State of New Jersey as an Appendix to the Part I rules, are adopted to be effective immediately. 

Rule 3.17   Disqualification

1. … no change
2. … no change
3. … no change
4. … no change
5. A judge shall not be automatically disqualified upon learning that a [complaint] grievance, i.e., a written submission to the Advisory Committee on Judicial Conduct (“ACJC”) alleging judicial misconduct, has been filed against the judge with the [Advisory Committee on Judicial Conduct] ACJC, litigation naming the judge as a party has been initiated in any court, or any other complaint about the judge by a party has been introduced in any other forum. If, however, the judge concludes that there is a reasonable basis to question the court’s impartiality, the judge [may] must recuse [himself or herself] themselves.  [A judge shall promptly disclose to the parties to the pending litigation that a complaint has been filed or made.]  A judge shall promptly disclose to the parties appearing before the court if the judge becomes aware that one of the parties to the pending litigation has filed an ethics grievance against the judge with the ACJC, or when the judge becomes aware, through the service of process of a pleading by a duly authorized process server or other valid means, that litigation naming the judge as a defendant in a lawsuit, or any other complaint, has been filed by one of the parties appearing before the court.

Note: Adopted August 2, 2016 to be effective September 1, 2016; subparagraph (B)(4)(b) amended, new subparagraph (B)(4)(c) adopted, and subparagraphs (B)(4)(c), (B)(4)(d), and (B)(4)(e) redesignated as subparagraphs (B)(4)(d), (B)(4)(e), and (B)(4)(f) January 6, 2020 to be effective immediately; new paragraph 3 added to official comment to Rule 3.17 with former paragraph 3 renumbered as paragraph 4 and the ensuing paragraphs renumbered accordingly January 24, 2023 to be effective immediately; new paragraph 12 added to official comment to Rule 3.17 October 9, 2024 to be effective immediately; paragraph (E) amended March 31, 2026 to be effective immediately.