judges Flashcards
prohibitions for judicial candidates
- a judge may not raise funds with a candidate for non-judicial office
- may not appear in a joint advertisement with a non-judicial candidate.
- expend funds in a judicial campaign that have been contributed in connection with a non-judicial office
May a judge accept gifts incidental to spouses business activity
yes - so long as it does not reasonably appear to undermine the judges integrity or impartiality.
judges in mediation and arbitration
a judge should not act as an arbitrator or mediator or perform other judicial functions apart from the judges official duties unless expressly authorized by law
allowable extrajudicial activities
public policy hearings
- when they concern matters of law, administration of justice, or the legal system
- matters in which the judge has expertise
- when acting pro se
judge providing legal services for a family member
while a full time judge may NOT practice law, he may give legal advice, review and draft documents for a family member provided he does not collect a fee.
judges use of information not available to the general public
information learned while performing judicial duties must not be used for personal gain or for purposes unrelated to his judicial duties
judges membership in organization
a judge must not belong to an organization that practices invidious discrimination
judges extra judicial activities in general
should not cast doubt on his impartiality
should not interfere with performance of his duties
should not lead to frequent disqualification
do not undermine his independence or integrity
does not appear coercive
does not make use of court premises, staff, or other resources for extrajudicial activities
judge
special position to influence
a judge should not convey or permit others to convey the impression that they are in a special position to influence the judge
judge with knowledge
disciplinary responsibilities
having knowledge that another judge or lawyer has committed a violation of the code that raises a substantial question regarding honesty, trustworthiness, or fitness MUST report to the appropriate authority
judicial political and campaign prohibitions
- May not hold office or leadership position in a pol party
- no speeches for a party or candidate or endorsement of same
- no solicitation of funds or make contributions to a party or candidate
- attend political fundraisers
- identify as a candidate of a political office
- seek endorsements from a political party
7 solicit campaign funds personally
judges communication with other judges
a judge may consult another judge regarding a pending matter provided
- judge avoids ex parte communication with a judge disqualified from hearing the matter
- cannot speak to judges who have appellate jurisdiction over the matter
judges
ex parte communication over administrative, scheduling, and non-substantive matters
allowed so long as:
- judge reasonably believes no party will gain a tactical or procedural advantage AND
- takes steps to promptly notifies the parties the substance of the communication and gives the parties a chance to respond
ex parte communication
defined
communication concerning a pending or impending matter between counsel or an unrepresented party and the court when opposing counsel is not present. or any communication made to the judge outside the presence of the parties or their lawyers
judge
advice from disinterested experts
may seek the advice of an expert on the law applicable to the proceeding if the judge:
- gives notice to the parties of the person consulted
- the subject matter discussed
- affords the parties reasonable opportunity to object or respond to the advice
