12. Judicial Conduct

Question 1

to whom do the judicial rules apply?

Answer 1

everyone who performs JUDICIAL FUNCTIONS at STATE level

Question 2

the three i’s of the judiciary

Answer 2

1) independence
2) integrity
3) impartiality

Question 3

what’s an appearance of impropriety?

Answer 3

APPLIES EVEN IN PERSONAL CONTEXTS

1) conduct that creates reasonable perception that judge has violated CJC
2) conduct that reflects poorly on judge’s honesty, impartiality, temperament, or fitness

Question 4

can judges write letters of recommendation?

Answer 4

YES, as long as it doesn’t appear to threaten

Question 5

can judges allow OTHERS to use judge’s clout?

Answer 5

obvi no

Question 6

what do judges have to be?

Answer 6

competent, diligent, fair, impartial, uninfluenced, etc.

Question 7

can judge or employees harass?

Answer 7

NO, especially not on grounds of race/sex/gender/religion/national origin/disability/age/political affiliation/marital status/sexuality/etc.

Question 8

can judge encourage settlements?

Answer 8

yes, BUT no (apparent) coercion

Question 9

ex parte communication (talking to one side without other side present) rules

Answer 9

NOT ALLOWED, UNLESS

1) expressly authorized by law/court order
2) mediation/settlement, with consent of parties
3) in an emergency, IF communication is NONSUBSTANTIVE, NECESSARY, NONADVANTAGEOUS, and NOTIFICATION OCCURS.

Question 10

what if there’s accidental ex parte?

Answer 10

judge must solve with NOTICE and OPPORTUNITY to respond

Question 11

when can a judge talk to 3Ps about cases (incl. future)?

Answer 11

1) GENERALLY OKAY to talk to COURT PERSONNEL and OTHER JUDGES, so long as no discussion of facts not on record.
2) MAY get written advice from DISINTERESTED LEGAL EXPERTS, so long as it’s IN WRITING and the PARTIES HAVE BEEN NOTIFIED IN ADVANCE
3) otherwise, keep it shut—NO. COMMENT. no letting jury have an earful, etc. use your opinions, baby.

Question 12

can judge look further into cases?

Answer 12

1) NO, not beyond evidence presented!!!

Question 13

when should a judge recuse herself?

Answer 13

impartiality could REASONABLY be questioned:

1) bias or personal knowledge (e.g. A judge must disqualify herself if a relative within the third degree is a party or an officer, director, general partner, managing partner, or trustee of a party; must disqualify if friend or mentee—but not acquaintance—comes before you)
2) prior involvement in the case
3) personal/familial economic interest
4) family member is involved (party, attorney, material witness)
5) excessive campaign contributions
6) judge’s prior public statement appears to lend itself to case outcome

Question 14

can parties remit (waive) grounds for a judge’s recusal?

Answer 14

YES, EXCEPT for when the recusal is on the grounds of bias/personal knowledge.

BUT to waive it, parties have to meet outside of judge’s presence.

Question 15

extrajudicial activities that are OKAY

Answer 15

teaching, writing, etc., so long as paid REASONABLE amount, UNLESS doing so may undermine independence, integrity, impartiality

Question 16

judicial compensation

Answer 16

MUST BE PUBLICLY REPORTED (beyond de minimus, including reimbursements, etc.)

BUT no bribe-looking things, EVEN IF reported.

Question 17

judge as officer/trustee/etc.

Answer 17

fine for charitable causes, so long as it doesn’t interfere with impartiality AND judge doesn’t personally solicit donations

Question 18

what CAN’T a judge do extrajudicially?

Answer 18

participate in activities that will

1) lead to frequent recusal
2) interfere with judicial duties
3) violate CJC

Question 19

judges, stay in your LANES

Answer 19

don’t accept government appointment/hearing role/etc. that doesn’t deal directly with legal/judicial work.

Question 20

judges as businessfolks

Answer 20

CANNOT serve as officer/director/partner/advisor/employee of business, UNLESS it’s managing her PERSONAL affairs or a family/personal business.

Question 21

judges as character witnesses

Answer 21

NOPE, unless subpoenaed

Question 22

judges’ club membership

Answer 22

ditch the orgs that arbitrarily exclude people/are racist/etc.

Question 23

judges as fiduciaries

Answer 23

NOPE, UNLESS own families (as long as doesn’t interfere)

Question 24

rules for only FULL-TIME judges

Answer 24

can’t practice law UNLESS

1) appearing pro se (on own behalf)
2) giving legal advice to family
3) drafting legal docs for family

no SIDE GIGS

Question 25

POLITICAL rules for judges

Answer 25

1) no advocating for political positions
2) no holding office at political party
3) no funding from political party
4) no pledges to reach specific results
5) no inappropriate solicitation of campaign contributions
6) no using campaign funds for personal use
7) no public endorsement/shootdowns of candidates
8) if someone attacks you, you can issue measured response back

Question 26

what if a judge decides to run for, say, senator?

Answer 26

resign from judicial office BEFORE running

Question 27

when a judge learns about misconduct by lawyers/judges

Answer 27

1) if KNOWN, report

2) if HEARSAY/CIRCUMSTANTIAL, take appropriate action (incl. confidential referrals to assistance programs)