True or False: 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 sure
• D. It depends

Answer: (A)

When a canon uses the word “shall” or “shall not,” it imposes a binding obligation on the judge. That kind of mandatory language signals that the conduct is non-negotiable and must be followed, leaving little to no room for personal discretion. In other words, if the canon commands a judge to do something or to avoid something, the judge is expected to comply as a matter of ethical and professional duty. The only exceptions would be explicit allowances or overrides found in the canon itself or in applicable law, but without those, the directive is non-discretionary. Therefore, the statement is true: the judge does not have discretion in that matter.