D. Extrajudicial Activities Flashcards
Why must Judge conduct extrajudicial activities?
Minimise risk of conflict w/ Judicial Office obligations
What must Judge do when conducting extrajudicial activities?*
NOT participate in activities;
- Interfering w/ Judge’s duties!!!
- Leading to frequent disqualification!!!
- Reasonably appearing to undermine Judge’s independence/integrity/impartiality!!!
NOT engage in conduct reasonably appearing as coercive
NOT use court resources for activities concerning law/legal system/administration of justice!!!
- E.g. Speaking out publicly
- UNLESS incidental
- UNLESS legally permitted
When may Judge appear voluntarily at public hearing before/consulting with executive/legislative official?
Matters concerning law/legal system/administration of justice
Protecting Judge’s own interests
When may Judge accept governmental appointment?
Matters concerning law/legal system/administration of justice
Representing governmental unit;
- Purely ceremonial grounds
- Historical/Educational/Cultural activity
What may Judge use/become member of discriminatory organisations for?*
Member of religious/certain organisation!!!
- Dedicated to preserve its members’ ethnic/cultural identities
- Monday night men-only bridge club (judges + college chums)
- Women’s support group for breastfeeding mothers
- Alumni association of traditionally black college with NO non-black graduates
- Bulgarian League (preserving Bulgarian traditions by limiting to members of Bulgarian descent)
- Talmudic study group (limiting to members of Judge’s temple)
What may Judge NOT use/become member of discriminatory organisations for?
NOT on basis of;
- Race/Sex/Gender/Religion/National origin/Ethnicity/Sexual orientation!!!
NOT use organisation’s benefits/facilities!!!
- Even if NOT member
- UNLESS attending isolated event that can NOT be perceived as endorsement of organisation’s practices
- Men-only social club (6,000 members, dining and health club facilities)
- Women’s bar association (refusing to admit male members)
- Community booster group (limiting to African-Americans)
- Irish Business Association (promoting businesses in Irish-owned communities)
- Country club (excluding members based on race/religion)
When may Judge become involved in businesses?*
Holding + managing own/family investments!!!
- UNLESS interference with Judge’s duties!!!
- UNLESS lead to frequent disqualification
- UNLESS continuing relationships with persons likely to appear before Judge in court!!!
NOT as officer/director/manager/general partner/advisor/employee!!!
- UNLESS for NON-PROFIT org (charity/education/religion)!!!
When may Judge serve as fiduciary (executor/trustee)?*
For family member!!!
UNLESS interfering with Judges’ duties!!!
UNLESS involved in proceedings that would come before Judge!!!
When may Judge practice law?*
Pro se!!!
1) Give legal advice OR draft/review docs!!!
2) For family member!!!
- NO compensation in return!!!
- NOT acting as family member’s Lawyer!!!
- NOT acting in forum
When may Judge assist in fundraising planning?*
NOT solicit contributions from others!!!
- UNLESS from family members!!!
- UNLESS from judges over whom Judge has NO supervisory power!!!
Make OWN contributions!!!
May Judge testify as character witness?*
NO
- UNLESS by subpoena!!!
When is Judge required to report accepting gifts?*
Duty to report!!!
- Gift incident to public testimonial
- Invitations to attend events with NO charge
- Gifts/Loans/Valued goods from person whose interest have come before Judge
NO duty to report!!!
- De minimis gifts (plaques, certificates)
- Ordinary social hospitality
- Scholarships/Discounts/Prizes
- Gifts from person who would cause Judge’s disqualification
What is Judge required to do if other judge/lawyer commits misconduct (inside/outside jurisdiction)?*
If Judge personally knows other judge/lawyer’s misconduct => Judge must report misconduct!!!
If Judge receives info indicating other judge/lawyer’s likely misconduct => Judge must take appropriate actions!!!
- Direct communication with Lawyer
- Report to appropriate authority
What is Judge required to do if running for office (election)?*
Speak on behalf of own candidacy!!!
- NOT political organisation
NOT make pledge/promise/commitment which is NOT consistent with impartial performance of duties!!!
- For cases/controversies/issues likely to come before Court
- E.g. ‘Judge would NOT be soft on crime’
NOT publicly endorse/oppose candidate for public office!!!
Reasonably ensure others do NOT pursue Judge’s prohibited actions!!!
Respond to Opponent’s/Media’s false/misleading statements with factually accurate response!!!
NOT personally solicit/accept campaign contributions!!!
- UNLESS fundraising through ‘campaign committee’ for specified period before/after election!!!
- Must meet reporting reqs
