Judges Flashcards

1
Q

what values must judges uphold

A

independence integrity impartiality

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2
Q

when must judge avoid even the appearance of impropriety

A

always

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3
Q

what is impropriety

A

when conduct would create a reasonable perception that he has violated the CJC or acted in a way that reflects badly

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4
Q

what does competence diligence cooperation mean

A

legal knowledge, skill, prep necessary
devotee adequate time
be punctual
ensure her court does right hting

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5
Q

when is ex party ok

A

-expressly authorized by law
-mediation or settlement
-emergencies or admin
1. circumstance requires it
2. communication is emergency or scheduling/admin matter
3. judge believes no one will gain advantage
4. judge notifies other party about what they missed

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6
Q

what if judge accidentally has ex party

A

notify and give opportunity to respond

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7
Q

who can judge talk to about a matter

A

court personnel

disinterested legal experts

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8
Q

what comments can judge make

A

in public - nothing that would affect outcome
in private - nothing that might interfere with fair trial

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9
Q

what if judge knows another judge violated CJC or RPC in manner that raises a substantial question as to other judge’s honesty, trustworthiness or fitness

A

MUST inform

if not sure, must take appropriate aciton

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10
Q

what if judge knows about disability/impairment of other judge or lawyers

A

must take appropriate action

if super serious may be required to report

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11
Q

what’s the general rule for disqualifying self

A

if judge’s impartiality might reasonably be questioned

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12
Q

when should judge disqualify self for prior involvement

A
  1. served as material witness
  2. served as lawyer in matter
  3. was associated in law practice with someone who participated substantially as a lawyer in the matter at the time they worked together
  4. presided as a judge over the matter in another court
  5. served in gov employment and participated personally and substantially in the matter
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13
Q

what if judge has economic interst

A

hard no if he or family has economic interest

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14
Q

what is an economic interest

A

person owns more than a de minims legal or equitable interest

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15
Q

what are exceptions to economic interest

A

mutual funds
securities held by org
bank deposits, mutual insurance
gov securities

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16
Q

when must disqualify if it’s someone the judge knows

A

anyone with third degree of relationship

or they’ve contributed to election campaign

17
Q

can a judge hold and manage her own investment and those of her family or manage or participate in biz owned by her or family

A

yes unless it interferes with job

18
Q

what gifts may be accepted but must be reported

A

-incident to public testimonial
-invitations to free events related to law
- gifts if the person is someone who has come or is likely to come before jduge

19
Q

what can a full time judge not do

A

act as mediator, arbitrator, practice law

20
Q

what must judge report

A

compensation for extrajudicial stuff
gifts unless amount doesn’t exceed
reimbursements unless amount doesn’t exceed