After 30 years on the bench in San Joaquin County in Central California, I retired on November 1, 2025. During my tenure as a court commissioner and then appointed and elected Superior Court judge, I have sadly witnessed the decline of civility among both the bench and bar. I have been on several panels over the years on attorney incivility, and many of my Inn of Court skits have focused at least in part on the topic. But the first time I was asked to present on a webinar panel discussing judicial incivility was in September 2025 for the American Board of Trial Advocates.
Because civility is top of mind for the Inn movement, I thought others might be interested in this topic, which is the “other side” of the attorney incivility coin.
I founded the Judge Consuelo M. Callahan American Inn of Court in Stockton, California, 20 years ago. We are a vibrant Inn, and very proud of our Platinum distinction for 10 years straight. My good friend and mentor, and our Inn’s namesake, Ninth Circuit Court of Appeals Judge Consuelo “Connie” Callahan is currently the national American Inns of Court president.
Judicial Incivility
Judicial incivility connotes improper demeanor exhibited by a judicial officer. As a former member of the California Judges Association Judicial Ethics Committee for over 10 years and judicial ethics instructor for over 20 years, I know this type of behavior is misconduct under Codes of Judicial Ethics. Year after year, it remains one of the top bases for judicial discipline in California.
The California Judicial Code of Conduct, which sets forth the ethical requirements for judges, encompasses canons dictating proper demeanor. Every state and the federal judiciary have ethics codes similar to California’s, specifically including the duty to be courteous, respectful, and civil to everyone involved in the proceeding. That means that judges have an ethical obligation to be civil to everyone with whom they interact.
I first offer this observation: The overwhelming number of state and federal judges do their jobs with dignity and integrity, free of political motives or bias. Most judges remain civil and respectful, trying their best to get it right every time.
But I acknowledge that on rare occasions, a sitting judge is simply not well-suited for the bench. When a judge has chronic demeanor issues, it might be indicative that they could better serve elsewhere.
Why Care About Judicial Incivility
Why we all should care about this issue is because incivility experienced or witnessed by the public or reported in the media erodes public trust and confidence in the impartiality of the judiciary and the justice system. It undermines fairness of legal proceedings and fairness of the proceeding at hand, potentially tainting the ultimate result. In extreme cases, rulings may be overturned due to judicial incivility that has affected the outcome of a proceeding.
One serious display of incivility by a judge that is publicly reported can go viral across the internet—and occasionally, the world. All judges at all levels of the court system suffer the consequences from the fallout of the intemperate judge’s behavior. Very quickly every judge becomes the laughing stock in public opinion, and respect for the rule of law and the judicial title is diminished. Public confidence in all judges and all courts is eroded.
Improper demeanor in the form of incivility is a form of abuses of power misconduct. It demeans the recipient and erodes the dignity of the court. This type of misconduct creates an intimidating environment, impacting both litigants and advocates alike. The result is erosion of a fair legal process, distrust from the public toward the institution and justice system, and erosion of our democracy.
How to Identify Judicial Incivility
To identify judicial incivility, consider these warning signs:
- Is the judge joining the fray and “embroiled,” making the judge the focus?
- Is the judge “arguing” with counsel in the colloquial sense?
- Is the judge raising their voice, yelling, or using profanity?
- Does the judge appear overly emotional or out of control?
- Is the judge’s lack of civility toward counsel or a party adversely impacting the fairness or outcome of the proceedings?
- Is the judge’s lack of civility toward counsel negatively affecting the attorney-client relationship?
Why Some Judges Abuse Their Power
The reasons a judge engages in incivility are very much the same as what contributes to attorneys’ incivility. Some common stressors include being overcommitted; having too many cases and too little assistance or time; handling high-profile cases or combative litigants; dealing with high-conflict personality attorneys, problems at home, money issues, health concerns, or lack of sleep and proper nutrition; and mental health or substance use issues.
Judges must answer their administrative chain of command, who do not always mete out the caseloads evenly and might expect last-minute changes to assignments and caseloads to be accepted gracefully, despite unfairness in the arbitrary process.
An additional stressor for judges is fear of public scrutiny and criticism, and most recently, a huge uptick in threats of violence to judges and their families based on judicial rulings.
Lawyers Need to Know the Judicial Ethics Rules
Knowledge is power when dealing with judicial incivility. Just like when a judge needs to control the courtroom, they look to the professional rules of responsibility governing attorney’s conduct. Likewise, lawyers should know and look to the rules of conduct governing the judges they appear before. Only after you are familiar with the rules governing your judge’s behavior, can you do something about it. You should consult your state or federal rules for your jurisdiction to locate the applicable ethics code in effect. In general, judges must follow these basic ethics rules:
- Be fair and impartial.
- Be patient, dignified, and courteous.
- Avoid the appearance of impropriety.
- Control the courtroom, and enforce order and decorum throughout the proceedings.
- Be respectful.
- Follow the law.
- Refrain from and require others to refrain from exhibiting bias or discrimination.
Knowledge of the Judicial Code of Conduct can be useful in how you approach the problem of judicial incivility. It shows the judge you know what you are talking about and permits you to take back some power. This knowledge will provide you with an effective tool to fend off incivility from the bench.
What Attorneys Can Do About Judicial Incivility
What can an attorney do about judicial incivility that is directed at them or their client? It is important to analyze the situation and determine if it’s an isolated incident and out of character for the judge, or a pervasive pattern and practice of the judge.
If the judge merely had a bad day, the matter can probably be handled in-house, at a lower level than if dealing with a serial power abuser. Remember that everyone wants to save face, so offer the offending judge a graceful “out” if possible.
For lower-level incivility, bringing in a court reporter or a witness such as a colleague, or requesting the court record the proceedings when available, can nip the incivility in the bud quickly. Put everything on the record. Even sidebars and chambers conferences can be summarized and put on the record. Include non-verbal microaggressions, such as tone and volume of voice, eye-rolling, body language, and anything else that is relevant and not readily apparent from a written record. Record-making might serve as a reality check for the judge, and most judges will fall into line once the abusive conduct is brought to their attention.
Chronic incivility exhibited by a judge toward a party or attorney necessarily establishes a lack of impartiality, in violation of the judge’s ethical duties. By specifically pointing out that the judge has a duty under the ethics code, such as to be “patient, dignified and courteous,” it might prove to be enough of a reminder to bring the judge back to a state of mindfulness. Many will even apologize and offer an excuse. I urge you to be generous and forgiving, as you would want the judge to be if the tables were turned.
Requesting a brief recess is frequently a good option, allowing everyone to reset. This is especially true if attorneys on both sides are perceiving incivility and want to salvage the proceedings; in that case, making a joint request with opposing counsel for a recess might help the judge refocus on their ethical duties. A recess can do wonders to help a judge decompress, clear their heads, or consult a trusted colleague or their ethics adviser or resources.
It's critical to make a complete record of the judicial incivility for higher court and disciplinary review. Unless it’s in the record and documented, any alleged incivility will be very difficult to substantiate.
Occasionally the situation involves a single, more egregious instance of incivility. Or, when the nudged judge fails to correct their behavior—or worse, retaliates and escalates the disrespectful conduct—a low-level response might not be effective. Then, reporting to a supervising or presiding judge might do the trick. Or, making a motion to disqualify the judge for cause, which halts the proceedings until the motion is resolved, might offer relief. The harshest response is making a complaint to the state or federal Commission on Judicial Performance. At that point, the state or federal ethics experts will investigate and proceed appropriately.
Just like attorneys, judges want to save face. If a judge offers a sincere apology and recognizes their misstep or takes other corrective action to mitigate any adverse consequence from their behavior, it’s wholly appropriate to take it as a win.
What is more troubling is when there is a pattern of incivility, especially egregious incivility that affects the outcome of the proceedings. Those are rare instances, but as mentioned above, should be as fully documented as possible. In this small number of instances, the judge should be reported to the judicial watchdog for possible disciplinary action.
Conclusion
Judicial incivility is a form of judicial misconduct in violation of a judge’s obligations under the Code of Judicial Ethics. Such behavior erodes public confidence in the courts and judges and can adversely affect the proceedings if it goes unchecked.
Knowledge of the judicial rules of conduct empowers lawyers to make a solid record for review of the behavior and to address the problem of judicial incivility immediately in order to eliminate the offensive conduct.
Most judges will self-correct upon being confronted with their incivility, so as to eliminate the need to pursue formal action on the complaint.
Attorneys and judges are all part of the justice system. We should all be able to work together in a civil and respectful manner, to promote confidence in our courts, judges, and legal rulings.
Judge Barbara A. Kronlund (Ret.) is a mediator/arbitrator with Quinn |
Kronlund LLP as well as Judicate West in Stockton, California. She
served on the California Superior Court for San Joaquin County for three
decades. She founded and is a member and past president of the Judge
Consuelo M. Callahan American Inn of Court.