The almost-final draft of revisions to the American Bar Association Model Code of Judicial Conduct will be reviewed during a public hearing on the morning of Saturday, Feb. 11, at the Hyatt Regency Hotel, Chicago.

Written comments will be accepted through March 15. Further revisions subsequently will be considered before a final draft is presented to the ABA House of Delegates in August.

Mark I. Harrison of Phoenix, Ariz., chair of the Joint Commission on Evaluation of the Model Code of Judicial Conduct, noted that it has been 18 years since the ABA took a comprehensive look at the code.

In the interim, “enormous changes in the way judges are chosen for office, in how they are viewed by the public and by the other two branches of government, and in the way they perform their work” have occurred, he said.

“It is critically important that standards of conduct for judges warrant our continued reliance on the independence, integrity and impartiality of our courts,” Harrison added.

“The code must provide the guidance judges need, while also assuring a regulatory structure that reinforces the rectitude we expect from our judiciary.”

Provisions in Canon 5 that cover political activity by judicial candidates are “among the most substantial revisions,” Harrison said. The draft suggests different restrictions for partisan elections, non-partisan and retention elections, and appointments.

The revised code also prohibits any activity that could create an appearance of impropriety by a judge. That is included in the code as a canon, as a statement of policy, and as a specific rule.

Harrison cited several issues in the draft that might invite new comment. Among them are:

• How aggressive can a judge be in encouraging a settlement?

• What information should judges disclose when considering whether to disqualify themselves from hearing specific cases?

• What steps should a judge take when the performance of another judge or lawyer appears to be impaired by drugs, alcohol, mental, emotional or physical conditions?

The revised draft may be accessed at www.abanet.org/judicialethics/finaldraftreport.html.

Written comments may be mailed to ABA ethics counsel George Kuhlman, ABA Center for Professional Responsibility, 321 N. Clark St., Chicago 60610, or submitted by e-mail to gkuhlman@staff.abanet.org.