Judicial Ethics Flashcards
(8 cards)
A judge must — —- — at — —
Exercise judicial integrity
All times
Top 5 judge duties
Impartial, competent, diligent
Promote public confidence in independence, integrity, and impartiality of judiciary
Duties take precedence over personal and extrajudicial affairs
Unmoved by public sentiment
No public statement which migh affect outcome or substantially interfere with fair trial or hearing
When are ex parte communications allowed?
1) expressly authorized by law
2) in a mediation/settlement with consent
3) emergencies or administrative matters
The emergency/administrative exception to ex parte communications has 4 requirements. What are they?
1) other side cannot be reached
2) emergency or administrative matter that is not substantive
3) no party will gain an advantage
4) other party notified of essence of communication and given opportunity to respond
Can judges communicate about pending cases outside the presence of the lawyers?
No, unless it is with court personnel or disinterested legal experts
Judges cannot . . .
Conduct an independent investigation of the facts
When can a judge be disqualified?
If their impartiality might be questioned, prior involvement in case, judged in other court, practiced in person with matter
Membership in an organization that — is prohibited
Discriminates (on the basis of a protected characteristic)
Religious exception