“Comment” in connection with a case refers to evaluative statements judging the professional wisdom of specific lawyering tactics or the legal correctness of particular court decisions.In contrast, it does not mean the giving of generally informative explanations to describe litigation factors including the prima facie legal elements of case types pending before the courts, legal concepts such as burden of proof and duty of persuasion or principles such as innocent until proven guilty and knowing waiver of constitutional rights, variable realities illustrated by hypothetical factual patterns of aggravating or mitigating conduct, procedural phases of unfolding lawsuits, the social policy goals behind the should be.When “should” or “should not” is used, the text is intended as an advisory statement of what is or is not appropriate conduct, and the violation of which may be grounds for disciplinary action.
TERMINOLOGY The terms defined below are noted using in the Rules, Preamble, Application and Terminology sections of this Code.
In the Commentary, which is presented using italic print, these defined terms are noted by use of regular print.
The text of the Canons and the Rules, including the Terminology and Application sections, is authoritative.
The Commentary and the Preamble, by explanation and example, provide guidance with respect to the purpose and meaning of the Canons and the Rules.
Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system.
 The Code is designed to provide guidance to judges and and to provide a structure for regulating conduct through disciplinary agencies.
“Appropriate action” means action intended and reasonably likely to prevent harm to the justice system and help the judge or lawyer in question address the problem.
Appropriate action may include, but is not limited to, communicating directly with the judge who may have violated this Code, communicating with a supervising judge, or reporting the suspected violation to the or other agency or body.
PREAMBLE AND SCOPE Preamble  Our legal system is based on the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us.