Judges Flashcards
what values must judges uphold
independence integrity impartiality
when must judge avoid even the appearance of impropriety
always
what is impropriety
when conduct would create a reasonable perception that he has violated the CJC or acted in a way that reflects badly
what does competence diligence cooperation mean
legal knowledge, skill, prep necessary
devotee adequate time
be punctual
ensure her court does right hting
when is ex party ok
-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
what if judge accidentally has ex party
notify and give opportunity to respond
who can judge talk to about a matter
court personnel
disinterested legal experts
what comments can judge make
in public - nothing that would affect outcome
in private - nothing that might interfere with fair trial
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
MUST inform
if not sure, must take appropriate aciton
what if judge knows about disability/impairment of other judge or lawyers
must take appropriate action
if super serious may be required to report
what’s the general rule for disqualifying self
if judge’s impartiality might reasonably be questioned
when should judge disqualify self for prior involvement
- served as material witness
- served as lawyer in matter
- was associated in law practice with someone who participated substantially as a lawyer in the matter at the time they worked together
- presided as a judge over the matter in another court
- served in gov employment and participated personally and substantially in the matter
what if judge has economic interst
hard no if he or family has economic interest
what is an economic interest
person owns more than a de minims legal or equitable interest
what are exceptions to economic interest
mutual funds
securities held by org
bank deposits, mutual insurance
gov securities