3.13 Judicial Office

Question 1

Maintain the Dignity of Office ~ // Fiduciary Duties of the Lawyer

Answer 1

Independence
Impartiality
Integrity
Competence”

Question 2

Preserving Confidence in Judges SHALL

Answer 2

Comply with the Law

Act at All Times in Manner that Promotes Public Confidence

• Must avoid impropriety and
• Appearance of Impropriety =

Objective Test, Reasonable People= CONDUCT Reflecting Adversely on Honesty, Impartiality, Temperament, or FitnessPerform Duties WITHOUT Bias or Prejudice

NOT ALLOW Others to Engage in Such Bias

NOTE: Judges and Lawyers May Make Legitimate Reference to Factors

Question 3

Perform Duties WITHOUT Bias or Prejudice Based Upon

Answer 3

“Based Upon, Race, Sex, Gender, Religion, National Origin, Ethnicity, Disability, Sexual Orientation, Marital Status, Socioeconomic Status, and Political Affiliation”

Question 4

Preserving Confidence in Judges SHALL NOT

Answer 4

“Abuse the Prestige to Advance Personal or Economic Interests of Judge or Others

Allow Others to Abuse the PrestigeBe a member of an organization KNOWS or SHOULD KNOW is practicing invidious discrimination based on:

“Based Upon, Race, Sex, Gender, Religion, National Origin, Ethnicity, Disability, Sexual Orientation, Marital Status, Socioeconomic Status, and Political Affiliation”

NOTE: Not Designed to Prevent Singular Interactions at Boundaries (i.e. a wedding reception) that Do NOT Endorse Organization”

Question 5

EX PARTE COMMUNICATIONS, SHALL NOT

Answer 5

“Initiate or PermitCircumstantial Exceptions Rely on

• Reasonably Believes No Party with Gain Advantage AND
• Notice to Parties

Investigate Facts Themselves

• Make Public Statements
• Reasonably Expect Affect Outcome

Make Private Statements that Might Substantially Interfere with Fair Trial or Hearing”

Question 6

EX PARTE COMMUNICATIONS, SHALL

Answer 6

Consider Only Properly Recorded FactsReasonable Efforts to Ensure Court Staff Follow RulesKeep informed about own finances

Question 7

EX PARTE COMMUNICATIONS, MAY

Answer 7

“Obtain Disinterested Written Advice IF Notice is Given

Consult with Court Staff WITHOUT Abrogating Judges Responsibility to Decide the Case

WITH CONSENT, Consult with Parties Separately to Reach Settlement

Communicate when Expressly Authorized

Make Public Comments

• Regarding Official Duties, Court Procedures, or Timing
• When Judge is Litigant in Personal Capacity
• Respond Directly to Third Party Allegations in the Media”

Question 8

DISQUALIFICATION, SHALL Disqualify Themselves IF

Answer 8

Personal Bias or Prejudice Concerning Party or Lawyer

Judge or Spouse / Partner or Relation Within Third Degree is XMember of Household has Economic Interest in Subject Matter in Controversy or in Party in Proceeding

Campaign Contributions > Maximums

While Judge or Judicial Candidate Made Statement,

Sought Particular Result While in Practice =

Question 9

Judge or Spouse / Partner or Relation Within Third Degree is

Answer 9

Party, Lawyer, Witness OR Substantially Affected by Outcome ( >De Minimus Interest) OR Likely to Be Material Witness

Question 10

While in Practice =

Answer 10

Served or While Associated with Lawyer Who Participated Substantially

While with government participated substantially or publicly commented

Was material witness

Previously served as judge in the matter

Question 11

DISQUALIFICATION WAIVER

Answer 11

NOT Available for Bias

OTHER Matters, May through Public Record and Consent of Both Parties Get Waiver

Question 12

DISABILITY AND IMPAIRMENT:

Answer 12

UPON REASONABLE BELIEF Another Judge or Lawyer SHALL Appropriate Action including confidential referral.

Question 13

JUDICIAL AND LAWYER MISCONDUCT:

Answer 13

KNOWLEDGE Substantial Question of Fitness SHALL Contact Appropriate Authority

RECEIVES INFORMATION ABOUT Substantial Likelihood of Another SHALL Take Appropriate Action

Question 14

DISCIPLINE AUTHORITIES = SHALL

Answer 14

Cooperation and Candor

SHALL NOT Retaliate

Question 15

EXTRA JUDICIAL ACTIVITIESSHALL NOT Engage in Activities

Answer 15

“Interfere with Proper Judicial Performance or IndependenceLead to Frequent DisqualificationServe in Business, Exceptäó¢ May serve in closely held business of own or families

Primarily engaged in judges investmentsServe as Officer in OrganizationSilicate Contributions for Organization

Family and Peer ExceptionServe as Third Party Arbiter UNLESS Authorized by LawPractice Law

May give advice to family, but cannot represent”

Question 16

MAY ACCEPT

Answer 16

Reasonable Compensation for Permissible Extra Judicial Activities IF Objectively Reasonable

Reimbursement of Expenses and Fee Waivers- Limited to actual costs

Publicly Reported Gifts

Question 17

Gifts W/O Reporting

Answer 17

Items little intrinsic value

From someone who appearing before the judge would require the judges disqualification even without the gift

Ordinary social hospitality

Financial opportunities in regular course of business available to others

Material from Publishers for Official Use

Question 18

Gifts W/Reporting

Answer 18

Incident to public testimonial

Invitations to attend without charge (includes partner)

• Bar or Law Related Function
• Associated with Educational, Charitable, or Fraternal Affiliations

Things of value from people unlikely to come before the judge.

Question 19

JUDICIAL CANDIDATES, MAY NOT

Answer 19

Serve in Political Organization

Personally Solicit Campaign Contributes, EXCEPT Through Campaign Committee

Make Pledges, Promises, or Commitments INCONSISTENT with Impartial Performance

Question 20

JUDICIAL CANDIDATES, SHALL

Answer 20

Act at All Times with Independence, Integrity, and Impartiality

Comply with All Election LawsReview and Approve All Campaign Material / Content

Reasonable Measures to Ensures Other Comply with Requirements on the Judge / Candidate

Comply with Applicable Rules for Judicial Conduct (Regarding Conduct as Candidate)

Question 21

CAMPAIGN COMMITTEES

Answer 21

“MAY Establish a Committee AND SHALL Direct that Committee to …

• To Solicit / Accept ONLY Reasonable and Legal Contributions
• NOT Solicit / Accept uncompliant Contributions
• Comply with ALL Laws / Regulations”

Question 22

LAWYERS AND JUDGES

Answer 22

It is professional misconduct for lawyer to KNOWINGLY assist judge or judicial officer to violate rules or laws.

That means a lawyer cannot offer the judge a gift the judge cannot accept.

Question 23

LAWYERS AND JUDGES, SHALL NOT

Answer 23

“Make a Statement Lawyer

• KNOWS To Be False OR
• With RECKLESS Disregard for its Veracity
• Concerning Qualifications or Integrity of Judge
• • NOTE: Cannot discipline UNLESS you can prove malice, if comments are negative a reasonable belief is enough.
• Represent Anyone in Connection to Matter-Personally and Substantially Involved as Judicial Officer (Including Third Party Nuetral) or Law Clerk UNLESS
• • Informed Consent Confirmed in Writing
• • Action as Third Party was NOT Neutral but Partisan, you may represent the party you were partisan for
• • NOTE: Firm Shall NOT Knowingly UNLESS Timely Screening”

Question 24

LAWYERS AND JUDGES, SHALL

Answer 24

Comply with applicable Rules for Judicial Conduct when -Candidate for Judge, Including Appointee awaiting confirmation

Report Judges Violation of Rules IF:

• Lawyer KNOWS Violation Committed
• Violation Raises SUBSTANTIAL QUESTION of Fitness
• SHALL Inform Proper Authorities

Question 25

SERVING AS THIRD PARTY NEUTRAL, DUTY =

Answer 25

Must Explain to People Who Might Be Confused Lawyers Role

Question 26

SERVING AS THIRD PARTY NEUTRAL, SHALL NOT

Answer 26

“Represent Anyone in Connection to Matter

• Personally and Substantially Involved as Judicial Officer (Including Third Party Nuetral) or Law Clerk UNLESS
• Informed Consent Confirmed in Writing

Action as Third Party was NOT Neutral but Partisan, you may represent the party you were partisan for

NOTE: Firm Shall NOT Knowingly UNLESS Timely Screening

Negotiate for Employment, Substantially and Personally Involved as Judge or Judicial Officer
- EXCEPTION: Law Clerks MAY After NOTIFYING Judge or Officer “