Judicial Conduct Flashcards
(14 cards)
Disciplining Judges
The judge is subject to discipline because the judge’s actions gave the appearance of impropriety. An “appearance of impropriety” arises when a judge’s conduct would create a reasonable perception that he has violated the CJC or acted in some other manner that reflects adversely on his honesty, impartiality, temperament, or fitness as a judge
Consulting Other Judges
A judge may consult about a matter with other judges and with other court personnel whose function is to aid the judge in carrying out adjudicative responsibilities. The judge must, however, make reasonable efforts to avoid receiving factual information that isn’t part of the record and must not abrogate her responsibility to decide the matter.
Disqualifying as Judge
the judge must disqualify himself if:
1) a relative within the third degree is a party or an officer, director, general partner, managing partner, or trustee of a party
2) judge’s spouse, domestic partner, parent, or child (wherever residing), or any other member of the judge’s family who resides in the judge’s household has an economic interest in the outcome
3) there is a reasonable ground to believe that the judge has a personal bias concerning a party or a party’s lawyer.
(acquaintances OK)
Waiving Disqualification of a Judge
To remit (waive) grounds for disqualification, the judge disclosing the grounds on the record is only one step in the process. The lawyers must be able to consult privately with their clients, and the parties must be able to meet outside the presence of the judge.
Judge Attending Sketchy Activities
A judge may attend an event in a facility of an organization that engages in discriminatory practices if his attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization’s practices.
Judge Practicing Law
A full-time judge must not practice law. There is an exception for DRAFTING documents or reviewing documents for a family member, but NOT practicing the actual law. Cannot receive a fee for this thoguh
Judicial Campaign Solicitations
A judge or judicial candidate must not personally solicit or accept campaign contributions other than through a campaign committee.
Permitted Judicial Campaign Fundraising Rules
- updating commitee on contribution limits = OK
- using campaign funds to print bumper stickers = OK
- candidiate appears at fundraiser coodinated by campaign committee =OK
- establish a campaign committee to manage and conduct her campaign. The candidate is responsible for ensuring that her committee complies with the CJC and applicable fundraising laws and must direct the committee not to solicit or accept donations above contribution limits
- It is proper for a campaign committee to accept reasonable campaign contributions from lawyers who may appear before the candidate i
Prohibited Judicial Campaign Fundraising Rules
- personally solicit or accept campaign contributions
- use of court staff, facilities, or other court resources in a judicial campaign
Judges Testifying for Legislative Activities
The judge may testify at a public hearing in connection with matters concerning the law.
Judge Speaking to Jurors
A judge should not “commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding.”
Judges Serving In Trials with Former Clients
CJC Rule 2.11(A)(6)(a) says that a judge must disqualify himself if he previously served as a lawyer in the matter.
Judge as Witness
. CJC Rule 3.3 prohibits a judge from testifying voluntarily as a character witness, but it says nothing about serving as an ordinary fact witness.
Judge Soliciting Contributions to Orgs
A judge may not personally solicit contributions for an organization other than from her family or certain other judges. [CJC Rule 3.7(A)(2)]
