Judicial Conduct

Question 1

At all times, a judge must comply with what two bodies of rules

Answer 1

(1) the rules of law; and

(2) the Code of Judicial Conduct.

Question 2

A judge must uphold and promote the independence, integrity, and impartiality of the judiciary, and avoid impropriety, including the appearance of impropriety.
(1) The test for appearance of impropriety is whether the conduct would

Answer 2

whether the conduct would create in reasonable minds a perception that the judge violated this Code, or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as a judge.

Question 3

A judge should not:

5 things

Answer 3

(1) allow his family, social, political, financial, or other interests or relationships to influence his judicial conduct or judgment;
(2) abuse the prestige of his office to advance the personal or economic interests of the judge or others, or allow others to do so;
(3) convey or permit others to convey the impression that they are in a special position to influence the judge;
(4) testify voluntarily as a character witness; and
(5) be a member of any organization that practices invidious discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, or sex

Question 4

T or F A judge may serve as a personal reference or provide a letter of recommendation based on personal knowledge. The judge may use official letterhead if the judge indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office.

T or F A judge’s membership in a religious organization is a lawful exercise of the freedom of religion, and is not a violation of this Rule.

Answer 4

True

True

Question 5

A judge must perform the duties of judicial office __________, ___________ , and ___________. A judge’s judicial duties take precedence over all of the judge’s other activities.

Answer 5

impartially, competently, and diligently

Question 6

A judge should not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing. A judge should require similar abstention on the part of his staff. What conduct is permitted for a judge under this rule?

Answer 6

(1) This rule does not apply to any oral or written statement made by a judge in the course of his adjudicative duties.
(2) A judge is permitted to make public statements in the course of official duties and may explain court procedures.
(3) A judge is permitted to respond directly or through a third party to allegations in the media or elsewhere concerning the judge’s conduct in a matter.
(4) A judge should not knowingly disclose or use, for any purpose unrelated to judicial duties, information acquired in a judicial capacity that is not available to the public.
(5) In the course of performing judicial duties, a judge may acquire information of commercial or other value that is unavailable to the public. The judge must not reveal or use such information for personal gain or for any purpose unrelated to his or her judicial duties.

Question 7

In making administrative appointments, a judge should

Answer 7

a judge should exercise the power of appointment impartially and on the basis of merit and should avoid nepotism, favoritism, and unnecessary appointments.

Question 8

A judge having knowledge that another judge or lawyer has committed a violation of this Code or the Rules that raises a substantial question regarding their honesty, trustworthiness, or fitness as a judge or lawyer in other respects must

Answer 8

must inform the appropriate authority.

Question 9

A judge who does not have actual knowledge, but who receives information indicating a substantial likelihood that another judge or a lawyer has committed misconduct, must take appropriate action. Appropriate action may include, but is not limited to,

Answer 9

including but not limited to:

communicating directly with the judge or lawyer involved,

communicating with a supervising judge, or reporting the suspected violation to the appropriate disciplinary authority.

Question 10

A judge should not initiate, permit, or consider ex parte communications concerning a pending or impending proceeding, unless authorized by law to do so. A judge must make reasonable efforts, including the provision of appropriate supervision, to

Answer 10

to ensure that the general prohibition against ex parte communications is not violated through law clerks and other court personnel.

Question 11

what is an ex parte communication?

Answer 11

Ex parte communication means a communication, concerning a pending or impending matter, between the judge and a representative for one side of a matter when opposing counsel or an unrepresented party is not present.

Question 12

What ex parte communications are authorized?

what ex parte communications are not authorized?

Answer 12

(1) Ex parte communications that relate to scheduling, administrative purposes, or emergencies are authorized, if the judge reasonably believes that no party will gain a procedural or tactical advantage as a result and the judge takes steps to promptly notify all of the other parties of the substance of the ex parte communication, and to give the parties a chance to respond.

not authorized communications: communications pertaining to substantive matters or issues,

Question 13

T or F A judge may consult with court personnel whose function is to aid the judge in carrying out the judge’s adjudicative responsibilities, or with other judges, provided that the judge makes all reasonable efforts to avoid receiving from court personnel or other judges factual information that is not part of the case record.

Answer 13

True

Question 14

A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge?

Answer 14

if the judge gives notice to the parties of the person consulted and the subject matter of the advice solicited,

and affords the parties a reasonable opportunity to object or respond to the advice received.

Question 15

T or F A judge may not investigate facts in a matter independently, and may consider only the evidence presented and any facts that may properly be judicially noticed.

Answer 15

True

Question 16

A judge must disqualify himself in a proceeding in which his impartiality may reasonably be questioned, including where the judge:

Answer 16

1. has a personal bias or prejudice concerning a party or a party’s lawyer;
2. has personal knowledge of the disputed facts in controversy;
3. the judge, the judge’s spouse, or a person within the third degree of relationship to either of them, is a party to the proceeding, an officer, director, general partner, managing member, or trustee of a party;
4. is acting as a lawyer in the proceeding;
5. has more than a de minimis interest that could be substantially affected by the proceeding;
6. or is likely to be a material witness in the proceeding;
7. The judge individually or as a fiduciary, or the judge’s spouse, parent, or child, or any other member of the judge’s family residing in the judge’s household, has an economic interest in the subject matter in controversy or in a party to the proceeding;
8. knows or learns by a timely motion that a party, a party’s lawyer, or the law firm of the party’s lawyer has made contributions to the judge’s campaign in an amount that is not reasonable or appropriate;
9. when judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy; or
10. the judge served as a lawyer in the matter in controversy or was associated with a lawyer who participated substantially as a lawyer in the matter; the judge served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the particular matter, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy; the judge was a material witness concerning the matter; or the judge previously presided as a judge over the matter in another court.

Question 17

T or F Instead of withdrawing, a judge who might be disqualified for a reason other than bias or prejudice may disclose on the record the basis of the potential disqualification. The lawyers have the independent discretion to agree to waive disqualification of the judge. If all the parties and their lawyers agree, the judge may participate in the proceeding. The agreement must be incorporated into the record of the proceeding.

Answer 17

True

Question 18

The parties cannot agree to waive a judge’s disqualification based on

Answer 18

based on personal bias or prejudice concerning a party.

Question 19

If a judge believes a lawyer or another judge is performance-impaired by drugs or alcohol or a mental, emotional, or physical condition, he must

Answer 19

he must take appropriate action, including a confidential referral to
a lawyer or judicial assistance program.

In some situations, the judge may be required to take other action, such as reporting the impaired person to the appropriate authority.

Question 20

A judge must conduct the judge’s personal and extrajudicial activities so as to minimize the risk of conflict with the obligations of judicial office. A judge must not participate in conduct or activities that:

hint: affects his duties

Answer 20

(1. ) interfere with the proper performance of judicial duties;
(3) lead to frequent disqualification of the judge;
(4) cast reasonable doubt on the judge’s capacity to act impartially as a judge;
(5) appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality; and
(6) would appear to a reasonable person to be coercive.

Question 21

A judge may not engage in otherwise permitted financial activities if they will do any of the following:

Answer 21

(1) interfere with the proper performance of judicial duties;
(2) lead to frequent disqualification of the judge;
(3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or
(4) result in violation of other provisions of this Code.

Question 22

A judge may not accept any gifts, loans, bequests, benefits, or other things of value, if acceptance would

Answer 22

acceptance would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality.

Question 23

A judge must publicly report the amount or value of:

Answer 23

(1) compensation received for extrajudicial activities;
(2) gifts and other things of value; and
(3) reimbursement of expenses and waiver of fees or charges.

Question 24

T or F A judge should not act as an arbitrator or mediator or perform other judicial functions apart from the judge’s official duties unless expressly authorized by law.

Answer 24

True

Question 25

A judge should not practice law. Notwithstanding this prohibition, a judge may

Answer 25

act pro se

Question 26

A judge may receive reasonable compensation for extrajudicial activities permitted by law unless

Answer 26

unless such acceptance would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality

Question 27

A judge is permitted to accept honoraria, stipends, fees, wages, salaries, royalties, or other compensation for speaking, teaching, writing, and other extrajudicial activities, provided that the compensation

Answer 27

compensation is reasonable and commensurate with the task performed.

Question 28

T or F Compensation derived from extrajudicial activities is subject to public reporting.

Answer 28

True

Question 29

A judge or candidate for judicial office may not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.
„ In general, judges and judicial candidates must not:

Answer 29

(1) act as leaders in or officers of a political organization;
(2) make speeches on behalf of a political organization;
(3) personally solicit funds for a political organization;
(4) personally solicit contributions from a political organization;
(5) publicly endorse or oppose candidates for office;
(6) make false statements knowingly or with reckless disregard for the truth; and
(7) make statements, pledges, or commitments that are inconsistent with the independence, integrity, and impartiality of the judiciary.

Question 30

T or F A judicial candidate in a partisan public election may identify himself as a candidate of a political organization and seek, accept, and use endorsements of a political organization.

Answer 30

True

Question 31

A candidate for appointment to a judicial office may:

Answer 31

(1) communicate with the appointing or confirming authority, including any selection, screening, or
nominating commission or similar agency; and
(2) seek endorsements for the appointment from any person or organization other than a partisan political organization.