Conflicts Involving Judges, Arbitrators, and Mediators

Question 1

Cannon 1

Answer 1

A judge shall uphold and promote the independence, integrity, and the impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety

Question 2

Cannon 2

Answer 2

A judge shall perform the duties of judicial office impartially, competently, and diligently.

Question 3

Cannon 3

Answer 3

A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Question 4

Cannon 4

Answer 4

A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

Question 5

Judicial Conduct 4.2

Answer 5

Judges can affiliate for partisan elections, but not for non-partisan.

Question 6

Judicial Conduct 4.1

Answer 6

Political and Campaign Activities of Judges and Judicial Candidates in General

Question 7

Can judges endorse political candidates? What rule?

Answer 7

No. Judicial Conduct 4.1(a)(3)

Question 8

How can judges gather campaign funds?

Answer 8

Through a campaign committee. They cannot personally solicit campaign funds. Judicial Conduct 4.1(a)(8)

Question 9

Judicial Conduct 4.4

Answer 9

Campaign Committees - provides limits to solicitations and acceptance of funds

Question 10

When can judges serve as character witnesses? What rule?

Answer 10

Never unless summoned. Judicial Conduct 3.3

Question 11

Judicial Conduct 3.13

Answer 11

Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or Other Things of Value

Question 12

When can judges practice law? What rule?

Answer 12

When they are representing themselves pro se. They can also help close family with drafting legal documents. Judicial Conduct 3.10

Question 13

What gifts can you receive that do not require reporting? What Rule?

Answer 13

1. items with little intrinsic value (plaques, certificates, trophies, greeting cards)
2. things of value from friends, relatives, or other persons (lawyer’s who are going to be disqualified under 2.11 anyway)
3. ordinary social hospitality
4. Commercial or financial opportunities and benefits or in the regular course of business made available to non-judges
5. rewards and prizes in random drawings or contest open to non-judges
6. scholarships, fellowships, etc. available to nonjudges
7. Books, magazines, journals, etc. supplied by publishers for complimentary use
8. gifts, awards, etc. for biz, profession, or other separate activity of spouse, family member, other household resident that incidentally benefits judge
   Judicial Conduct 3.13(B)

Question 14

When gifts must be reported when recieved? What Rule?

Answer 14

1. Gifts incident to a public testimonial
2. –
   Judicial Conduct 3.13(C)