If a canon says a judge shall or shall not conduct him or herself in a certain manner, the judge does not have discretion in that matter.

If a canon says a judge shall or shall not conduct him or herself in a certain manner, the judge does not have discretion in that matter.

• A. True
• B. False
• C. Not Applicable
• D. Sometimes

Answer: (A)

When a canon uses the word shall or shall not, it creates a mandatory duty or prohibition for the judge. That means the judge is required to act in that specific way or to avoid that conduct, with no room to decide otherwise on personal preference. Discretion only exists when the language allows flexibility (for example, may or should, or when exceptions are stated). Because the directive is non-discretionary, the statement is correct: a canon that says a judge shall or shall not conduct themselves in a certain manner imposes a binding obligation. For instance, a canon requiring a judge to avoid discussing pending cases in public must be followed, not ignored.

When a canon uses the word shall or shall not, it creates a mandatory duty or prohibition for the judge. That means the judge is required to act in that specific way or to avoid that conduct, with no room to decide otherwise on personal preference. Discretion only exists when the language allows flexibility (for example, may or should, or when exceptions are stated). Because the directive is non-discretionary, the statement is correct: a canon that says a judge shall or shall not conduct themselves in a certain manner imposes a binding obligation. For instance, a canon requiring a judge to avoid discussing pending cases in public must be followed, not ignored.