Judicial Code of Conduct Flashcards
Are Judges subject ONLY to the judicial code of conduct?
No. Judges are subject to both the judicial code of conduct and the rules of professional conduct
What is the first Canon of Judicial conduct?
maintaining the appearance of propriety in the court
What is the second canon of judicial conduct?
Conduct during the performance of official duties of the judge (AKA 9-5)
What is the third canon of judicial conduct?
Unofficial actions by the judge (AKA 5-9)
What is the fourth canon of judicial conduct?
Political/campaigning activities
What does the prohibition against harassment mean for judges?
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
Must a judge perform duties diligently and competently?
Yes.
Can a Judge encourage settlement?
Yes. But they cannot require/coerce settlement
Can a Judge THANK the jurors for their Service?
Yes. But cannot comment either way as to the quality of their decision (can’t praise or reprimand for decision)
Can a judge partake in written ex parte communication?
No. Even a filing would be considered ex parte if not delivered to the opposing party.
What ex parte communication is permissible?
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
May a Judge participate in independent investigation of a matter/issue?
No.
Can a judge make pledges or promises regarding outcomes of particular issues?
No.
BUT in Republican Party v. White, CAN announce position on particular disputed issues
What grounds should a Judge disclose for recusal?
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
Must Judges investigate potential grounds for disqualification?
Yes. No “Ostrich Defense”
When can a Judge NOT exercise the power of appointment without impartiality?
1.) Rotating list of appointees
2.) Position is uncompensated
3.) Nobody wants the position/ can perform in the position
When must a judge take action with regards to the alcohol/drug use of a lawyer/fellow judge?
When they reasonably believe its impairing their ability to perform
Can a Judge participate in ANY extrajudicial activity they want?
No. a judge may not participate in any activity which would get in the way of their official duties (being a judge comes first)
Can a Judge voluntarily appear at a government hearing?
No. UNLESS
1.) representing themselves
2.) When the appearance is specifically in regards to judicially required knowledge
3.) When the matter is “law related”
Can a judge testify as a character witness?
No.
Is a judge prohibited from taking appointment onto a government committee/board/position?
Only if the position is not “law related”
What kind of organizations can a judge not hold membership in?
Bonus: What kind of conduct is usually permissible?
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)
What activities can a judge participate in for on behalf of non-profit, legal orgs, government entities concerned with the law?
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
What will make an activity generally impermissible?
If it increases the chances of a judge having to be disqualified from cases.
