The Pennsylvania Supreme Court recently adopted a new Code of Judicial Conduct. Effective July 1, 2014, new rules will apply to the extrajudicial activities for Pennsylvania judges. Businesses and nonprofits need to accommodate these changes to ensure that their board members from the judiciary comply with the code and to avoid adverse consequences in litigation. Litigation is costly enough for the private sector and defending against motions for disqualification will only add to that bill. Even organizations without judges serving as board members need to be aware of the potential impact of charitable donations and campaign contributions on their interests in litigation under the new code.
The New Judicial Code
The new code generally takes a much more restrictive view of the outside activities in which judges may permissibly engage. Major changes that in-house counsel need to know about are formerly recommended, now mandatory, restrictions on board service for both businesses and nonprofits and the formerly recommended disqualification regime that the new code makes mandatory.
