Judicial Condt

Question 1

Judicial Conduct - General + List

Answer 1

• Judges are bound by the OHio rules of XXXX conduct and the ohio code of XXX conduct
• List
  
  • duty to uphold the independence and integrity of the judiciary
  • duty to avoid the appearance of impropriety
  • duty of impartiality and diligence

Question 2

Judicial Conduct - Duty to Uphold the Independence and Integrity of the Judiciary

Answer 2

At all times, judges must act in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.

Exam Tip 11: When analyzing a question about a judge’s behavior, consider how that behavior would look to the public. Would it cause the public to question the judge’s independence, integrity, and impartiality?

Question 3

Judicial Conduct - Duty to Avoid the Appearance of Impropriety

Answer 3

• Consider how the judge’s behavior would appear to a reasonable person
  
  • Would a reasonable person perceive that the judge acted in a way that is ________________________ to the impartial administration of ______________?
• Judges may not abuse the status of their office.

Example 42: If a judge gets pulled over for a traffic offense, he may not use the prestige of his office to avoid the ticket.

• References: Judges may provide a recommendation for others based on their personal knowledge.

Example 43: Judge may give her former law clerk a job recommendation. However, she may not abuse the prestige of her office in doing so by pressuring attorneys who might appear in her courtroom to hire the law clerk.

Question 4

Judicial Conduct - Duty of Impartiality + Diligence - General

Answer 4

Judges may not display bias by words or conduct .

• This includes (but is not limited to) prejudice on the basis of race, sex, age, religion , national origin, disability, sexual orientation, marital status, socio-economic status, or political affiliation.
  
  • This applies to the judge’s staff and employees under judge’s direction.
  • This duty does not prevent a judge from referencing any of the above factors that might be relevant.
  • But a judge may not engage in negative stereotyping.

Question 5

Judicial Conduct - Duty of Impartiality + Diligence - Communications

Answer 5

a. With Jurors

• Judges may not discuss the merits of cases with jurors, nor criticize jurors for reaching a particular verdict (except as necessary).

b. Ex Parte

• Judges may not discuss pending cases with parties outside of official court proceedings and the presence of other party and their attorneys. §
• Exceptions
  
  • Judges may have ex parte communications regarding scheduling or administrative matters.
• No Independent Investigation: Decisions must be limited to the facts developed by the parties in the case.
  
  • Facts vs. Law: Judges (and his/her staff) can independently research law , but may not independently investigate into facts.

c. Statements about Pending Cases

• To the Public: Judges may not publicly comment on cases currently before the court or make any nonpublic statements that might interfere with a pending case.
• Pledges: Judges may not make any promises regarding the ruling on a pending or potential case, or make any statements that could call into question their impartiality .

Question 6

Judicial Conduct - Duty of Impartiality + Diligence - DQ of Judge

Answer 6

Judges must recuse themselves in the following circumstances:

• Personal knowledgeof the facts in a case
• Personal bias
• Judge or judge’s spouse is related to a party, lawyer, or witness in the case
• Judge has an economic interest in the case outcome

Example 44: If Judge owns stock in defendant’s corporation, Judge may not hear the case.

• Judge worked on the case in a different capacity
• Judge made public statement that appeared to commit the judge to a particular result in the case

Question 7

Judicial Conduct - Extrajudicial Activites

Answer 7

1. General Rule

• Judges must conduct their personal and extrajudicial activities to minimize the risk of conflict with the duties of judicial office.

Example 45: Judge may not accept an appointment to a government position unless that position concerns the law or the legal system. More specifically, Judge is appointed to an Access to Justice Commission, which studies ways to make the legal system more user-friendly. This is an acceptable appointment, because it relates to the practice of law and the judicial system.

However, Judge may not accept an appointment to the government’s Parks & Recreation Board because it does not relate to the practice of law or the judicial system.

2. Discriminatory Organizations

• Judges can’t be members of or affiliated with organizations that practice invidious descrimination on the basis of race, sex, age, gender, ethnicity, or sexual orientation.
  
  • This does not apply to places of worhsip.

Example 46: Judge cannot belong to a men-only golf club.

3. Other Employment

1. Judges can write or teach, but may not practice law or accept employment with a business.
2. Family Business: Judges may be associated with family businesses and help manage them, as long as it does not conflict with their legal duties.
3. Judges may not accept employment with 3rd party.

4. Acceptance of Gifts

• Generally, judges may not accept gifts or loans from people (i) with matters before the court, (ii) who seek to do business with the court, or (iii) who are likely to come before the court.
  
  • Exception: Judges may accept “ordinary social hospitality.”

Example 47: If Judge goes out to dinner with friends, he may share who pays or take turns regarding who pays.

Example 48: Judge may not accept a $10,000 loan from a person who is likely to come before the court.

Question 8

Judicial Conduct - Political and Campaign Activity

Answer 8

 In OH, state judges are elected so they are subject to special rules.

1. General Rules

• Judges can campaign on their own behalf, but may not serve as leaders or officers of political organizations.
• Judges may not publicly endorse or oppose other candidates for political office.
• Judges may fundraise and appear in ads, but only with other judical candidates .

Example 49: Two judges can appear together in a campaign ad, but a judge may not appear in an ad with a candidate for governor.

2. Campaign Finances

• Judicial candidates may not directly solicit campaign contributions from individual.
  
  • Exception: If speaking to an audience of 20 or more people, they may make a general request for contributions.
• Judges may send mailing requesting contributions only if the money will not be sent to the personally but rather to the campaign committee.

3. Campaigning for Non-judicial Office

• If a judge wishes to run for another office, he/she must resign from judicial office before beginning the campaign.