Judicial Code of Conduct

Question 1

Are Judges subject ONLY to the judicial code of conduct?

Answer 1

No. Judges are subject to both the judicial code of conduct and the rules of professional conduct

Question 2

What is the first Canon of Judicial conduct?

Answer 2

maintaining the appearance of propriety in the court

Question 3

What is the second canon of judicial conduct?

Answer 3

Conduct during the performance of official duties of the judge (AKA 9-5)

Question 4

What is the third canon of judicial conduct?

Answer 4

Unofficial actions by the judge (AKA 5-9)

Question 5

What is the fourth canon of judicial conduct?

Answer 5

Political/campaigning activities

Question 6

What does the prohibition against harassment mean for judges?

Answer 6

Judge cannot harass/or express prejudice against a group or individual on the basis of (long social factors list); INCLUDING age and socioeconomic status, marital status, and political affiliation

Question 7

Must a judge perform duties diligently and competently?

Answer 7

Yes.

Question 8

Can a Judge encourage settlement?

Answer 8

Yes. But they cannot require/coerce settlement

Question 9

Can a Judge THANK the jurors for their Service?

Answer 9

Yes. But cannot comment either way as to the quality of their decision (can’t praise or reprimand for decision)

Question 10

Can a judge partake in written ex parte communication?

Answer 10

No. Even a filing would be considered ex parte if not delivered to the opposing party.

Question 11

What ex parte communication is permissible?

Answer 11

1.) Communication for the purpose of scheduling, so long as no party gains a tactical advantage

2.) Communication with a NEUTRAL EXPERT by the judge

3.) Communication between judge and their court personnel

4.) Shuttle diplomacy

Question 12

May a Judge participate in independent investigation of a matter/issue?

Answer 12

No.

Question 13

Can a judge make pledges or promises regarding outcomes of particular issues?

Answer 13

No.

BUT in Republican Party v. White, CAN announce position on particular disputed issues

Question 14

What grounds should a Judge disclose for recusal?

Answer 14

1.) Personal Bias/firsthand knowledge of facts for case at bar

2.) prior involvement in the matter (as witness/public official/lawyer)

3.) Economic interest by Judge or Spouse (or family of either) which could BE AFFECTED BY THE OUTCOME OF THE CASE

4.) Any campaign contributions by party/lawyer (generally over a threshold amount set by the state)

5.) prior pledges/promises

Question 15

Must Judges investigate potential grounds for disqualification?

Answer 15

Yes. No “Ostrich Defense”

Question 16

When can a Judge NOT exercise the power of appointment without impartiality?

Answer 16

1.) Rotating list of appointees

2.) Position is uncompensated

3.) Nobody wants the position/ can perform in the position

Question 17

When must a judge take action with regards to the alcohol/drug use of a lawyer/fellow judge?

Answer 17

When they reasonably believe its impairing their ability to perform

Question 18

Can a Judge participate in ANY extrajudicial activity they want?

Answer 18

No. a judge may not participate in any activity which would get in the way of their official duties (being a judge comes first)

Question 19

Can a Judge voluntarily appear at a government hearing?

Answer 19

No. UNLESS

1.) representing themselves
2.) When the appearance is specifically in regards to judicially required knowledge
3.) When the matter is “law related”

Question 20

Can a judge testify as a character witness?

Answer 20

No.

Question 21

Is a judge prohibited from taking appointment onto a government committee/board/position?

Answer 21

Only if the position is not “law related”

Question 22

What kind of organizations can a judge not hold membership in?

Bonus: What kind of conduct is usually permissible?

Answer 22

Cannot hold membership in organizations which are anti-short social justice list;

CAN BE IN GROUPS WHICH DISCRIMINATE BASED ON: Age, marital status, political affiliation, socio-economic status

Bonus: can occasionally “Attend isolated events” if not perceived as an endorsement (at dinners and the like)

Question 23

What activities can a judge participate in for on behalf of non-profit, legal orgs, government entities concerned with the law?

Answer 23

1.) Assist in planning events

2.) Solicit contributions from equal or higher-level judges and family

3.) soliciting membership IF LAW BASED ONLY

4.) appearing prominently at events IF LAW BASED ONLY

5.) Make recommendations to grant funding org IF LAW BASED ONLY

6.) Serve as officer director

Question 24

What will make an activity generally impermissible?

Answer 24

If it increases the chances of a judge having to be disqualified from cases.

Question 25

What generally tends to make an activity permissible?

Answer 25

If it is LAW RELATED (i.e. having to do with the administration of law, the law, the legal system)

Maybe if charitable

Question 26

Can a judge be appointed as a Fiduciary?

Answer 26

Only for family members (and can’t distract from official duties)

Question 27

Can a judge act as a mediator/arbitrator?

Answer 27

Not unless specifically authorized by law

Question 28

What are permissible financial, business, and remunerative activities for judges?

Answer 28

1.) Can hold/manage investments for family

2.) Business entity with Family or business entity is primarily engaged with investments from judge/family

UNLESS WOULD INCREASE LIKELIHOOD JUDGE IS DISQUALIFIED

Question 29

Can a judge accept compensation for extrajudicial activities?

Answer 29

Yes.

Question 30

What gifts can a judge receive without reporting?

Answer 30

1.) gifts lacking substantial value
2.) gifts from family/anyone else who could not possibly appear before the judge
3.) ordinary social hospitality
4.) rewards/prizes which could be won by ANYONE
5.) Book FROM publishers is fine
6.) FAMILY can accept anything which would only incidentally benefit the judge

Question 31

What kind of gifts can a judge receive but must subsequently report?

Answer 31

1.) ANYTHING OF VALUE from someone who is likely to come before judge/has previously come before the judge

2.) Invitations for judge/partner to attend events without charge if same event is open to nonjudges

3.) Gifts incident to public testimonial

Question 32

What kind of gifts are judges prohibited from accepting?

Answer 32

Any gift which would undermine the integrity of the judiciary to a reasonable person

Question 33

How frequently must a Judge report ALL GIFTS?

Answer 33

Annually.

Question 34

May a current sitting Judge who is not running for office act as a leader in a political organization?

Answer 34

No.

Question 35

May a current sitting Judge who is not running for office make speeches on behalf of a political organization?

Answer 35

No.

Question 36

May a current sitting judge who is not running for office publicly endorse or oppose candidates for public office?

Answer 36

No.