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Judicial Conduct Flashcards

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1
Q

What law governs judicial conduct?

A

Code of Judicial Conduct - for all who perform judicial functions at the state level.

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2
Q

What are important judicial value?

A

Independence
Integrity
Impartiality

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3
Q

Judges __ avoid impropriety or ________.

A

Must

Appearance of Impropriety

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4
Q

What is Impropriety?

A

Conduct that creates the reasonable perception that the judge has violated the CJC or that reflects poorly on honesty, impartiality, temperament, or fitness.

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5
Q

True or False: Judges are judges 24/7

A

True

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6
Q

Can a judge give a letter of recommendation?

A

Yes but must be personal and cannot be perceived to exert pressure - can be on letter head.

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7
Q

If Judge is sending a letter for personal business can it be on judicial letterhead?

A

No

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8
Q

Judges _____ abuse prestige of office.

A

Must Not

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9
Q

What is the rule about hearing cases?

A

Judges must hear cases assigned unless disqualification is required.

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10
Q

What is required for judicial conduct?

A

Must not let outside interest influence.

Must not give the impression that judges be influenced.

No bias, prejudice, or harassments.

May encourage settlement but no coerce.

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11
Q

What are Ex Parte Communications

A

Communication between judge and representative from one side with no one on the other side is present - generally prohibited.

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12
Q

When are ex parte communications allowed?

A

When allowed by law or court order

In mediation/settlement with consent of parties.

Emergencies that are non-substantive (schedule or admin) cannot be about the merits of the case.

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13
Q

What must a judge do when it receives an ex parte communictaion?

A

Notify the otherside.

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14
Q

What is the rule about judges discussing a case?

A

Can discuss the case with court personnel and other judges but can’t discuss facts not on the record.

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15
Q

If judges talk to legal experts what is required?

A
  1. Advice in writing
  2. Expert must be disinterested
  3. Must notify all parties in advance.
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16
Q

What is the rule about judges making comments about cases?

A

Judges must not make comments about any case in any court that might affect case’s outcome or interest with fair trial.

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17
Q

Can the judge tell anything to the jury about the case?

A

No cannot make any comments about the case or their decision

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18
Q

What is the rule about judges and independent investigation?

A

Must not indep. investigate the facts in a case and must only consider evidence presented.

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19
Q

What are the grounds for disqualification of a judge?

A

Judge must disqualify self where impartiality may be reasonably question.

Bias or personal knowledge
Prior involvement in the case
Judge/family has econ interest
Family member is involved in proceeding
Excessive contribution to judge’s election
Judge publicly committed to a position or result

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20
Q

Can parties waive a judge’s disqualification?

A

Yes - they can remit it for all grounds except

Personal Bias and Personal Knowledge

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21
Q

What types of extrajudicial activities can a judge do?

A

Teaching
Speaking
Writing

Can be reasonably compensated unless it affects the judicial values.

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22
Q

Do judges have reporting requirements?

A

Yes must report extrajudicial compensation; reimbursements; gifts/loans/things of value.

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23
Q

Can a judge participate in an organization?

A

Yes whether law or education/religious/charitable/civic etc. as long as not intefere with job.

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24
Q

What are prohibited activities?

A

Cannot participate in activities that would lead to frequent disqualification.

Cannot accept appointment to governmental position or testify at government hearing unless relates to law or admin of justice.

Cannot serve as officer/director/manager/ GP of a business.

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25
Q

Can a judge serve as a officer/director/manager for personal or family investement/businesses?

A

Yes

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26
Q

Can a judge serve as a character witness?

A

No only when subpoened or summoned.

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27
Q

Can a judge associate with an org that practices invidious discrimination?

A

No - cant discriminate against protected classes must cut ties as soon as they know

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28
Q

Can a judge serve as executor/admin/guardian or other fiduciary?

A

No only for family members.

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29
Q

Can a full time judge practice law?

A

No only if
Appearing pro se
Giving advice to family
Drafting legal documents for family

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30
Q

Can a full time judge be in ADR?

A

No cannot be arbitrator/mediator/or private judge unless authorized by law.

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31
Q

Can a judge speak on its own candidacy?

A

Yes but must be separate from political orgs.

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32
Q

Can a judge make pledges that are inconsistent with its duties?

A

No

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33
Q

Can a judge personally solicit campaign contributions?

A

No

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34
Q

How can a judge get campaign contributions?

A

Set up a committee

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35
Q

Can a judge publicly endorse or support a candidate?

A

No

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36
Q

Can a judge make factually accurate public response to a false or misleading statement?

A

Yes - but if it is a pending case, you need a spokes person.

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37
Q

True or False: Judges who becomes a candidate for non judicial elective office must resign from judicial office.

A

True

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38
Q

When a judge knowns of misconduct by lawyer and other judges…

A

Just must report substantial misconduct.

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39
Q

What must a judge do if it receives info but isn’t certain of misconduct?

A

Must take appropriate action.

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40
Q

What must a judge do about disability or impairment of lawyers or judges?

A

Take appropriate action if judge reasonably believes their performance is impaired by drugs, alcohol, mental/physical/emotional condition.

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41
Q

How are SCOTUS and federal court judges appointeD?

A

President and senate

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42
Q

How do you remove a federal judge?

A

Impeach and discipline

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43
Q

What are federal judges governed by?

A

Code of Conduct for US Judges

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44
Q

Are SCOTUS bound by code of conduct for federal judges or ABA?

A

No

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45
Q

When was the ABA CJC adopted?

A

1924

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46
Q

When does the CJC become binding?

A

When it is adopted by the appropriate authority in the jurisdiction.

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47
Q

Who is subject to CJC?

A

All person who perform judicial functions - magistrates - court commissioners - referees- special masters.

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48
Q

What is the first Cannon of the CJC?

A

The CJC requires a judge to uphold and promote the independence, integrity, and impartiality of
the judiciary and avoid both actual impropriety and the appearance of impropriety.

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49
Q

Judge R discovered his estranged wife in an automobile with another man. The judge
broke the car window (causing the other man to be cut with broken glass) and slapped his
estranged wife.

Is he subject to discipline?

A

Yes

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50
Q

What is the test for the appearance of impropriety?

A

An “appearance of impropriety” arises when a judge’s conduct would create a reasonable perception that she has violated the CJC or acted in some other manner that reflects
adversely on her honesty, impartiality, temperament, or fitness as a judge.

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51
Q

To promote public understanding and confidence in justice a judge ____ participate in community events.

A

Should

52
Q

True or False: Judicial duties include all the duties of the judge’s office that are prescribed by law. Judicial
duties take precedence over all of the judge’s other activities, including personal and nonjudicial activities

A

True

53
Q

What is the second cannon of the CJC?

A

The CJC requires a judge to perform the duties of judicial office impartially, competently, and
diligently.

54
Q

What is judicial comptence?

A

“Competence” requires the legal knowledge, skill, thoroughness, and preparation
reasonably necessary to perform the judge’s responsibilities.

55
Q

To accomplish prompt disposition of the court’s business, a judge must:

A

(i) devote adequate time to
her duties;
(ii) be punctual in attending court and expeditious in determining matters submitted
to her; and
(iii) take reasonable measures to ensure that court officials, litigants, and attorneys
cooperate in this regard.

56
Q

True or False: A judge’s facial expression and body language can convey prejudice.

A

True

57
Q

What is required for there to be an emergency ex parte communication?

A

(i) The circumstances require the judge to communicate with one side only (if the
other side cannot be reached);

(ii) The communication concerns an emergency or a scheduling or administrative
matter as distinct from a substantive matter or matter affecting the merits;

(iii) The judge believes that no party will gain a procedural, substantive, or tactical
advantage from the communication; and

(iv) The judge notifies the lawyers for the other parties of the essence of the communication and gives them an opportunity to respond.

58
Q

What is required for a judge to use a disinterested expert?

A

the judge gives advance notice to the parties of the expert’s identity and
the subject matter of the advice to be solicited, and gives the parties a reasonable opportunity to object and respond to the notice and the advice

59
Q

Does a judge’s duty to abstain from comment apply of the judge is a litigant in a personal matter?

A

No

60
Q

Does a judge’s duty to abstain from comment apply of the judge is a litigant in an official proceeding apply?

A

Must be in a writ of mandamus proceeding

61
Q

True or false: necessity overrides rules of disqualification in an emergency.

A

True

Case law has created a rule of necessity that overrides the rules of disqualification. For example, suppose that Judge Z is the only judge available to rule on an
emergency motion for a temporary restraining order. Judge Z may rule on the
motion even though he might be disqualified were it not an emergency. Even in
such a situation, Judge Z should disclose the ground for disqualification on the
record and should use reasonable efforts to transfer the matter to a different judge
as soon as possible.

62
Q

Ownership of an interest in a mutual fund or common investment fund that holds securities is not an economic interest in those securities unless:

A

(i) the judge participates in the management of the fund; or (ii) the proceeding could
substantially affect the value of the interest.

63
Q

Judge E’s wife is a vice president of P.E.O. International, a philanthropic organization that promotes educational opportunities for women. Among its many investments, P.E.O. owns 1,000 shares of common stock in Delta Coal & Steel Inc. Judge E is assigned to hear a case in which Delta is a party.

Is the judge disqualified?

A

No judge is not disqualified.

64
Q

When does a judge have a conflict with a bank where it holds an account or when involving gov securities?

A

When the value of the account or security would be affected by the proceedings.

65
Q

What are individuals in the 3rd degree of relationship?

A

Persons within the third degree of relationship are: great-grandparents, grandparents, parents, uncles, aunts, brothers, sisters, children, grandchildren, great-grandchildren, nieces, and nephews—in short, anyone related more closely than cousin.

66
Q

A judge must disqualify herself if the judge knows that she, her spouse or domestic
partner, or a person within the third degree of relationship to either of them, or the
spouse or domestic partner of such a person, is:

A

(i) A party, or an officer, director, general partner, managing partner, or trustee of a
party;
(ii) A lawyer in the proceeding;
(iii) A person with more than a de minimis interest that could be substantially
affected by the proceeding; or
(iv) Likely to be a material witness in the proceeding.

67
Q

True or False: A judge must not accept an appointment to a governmental committee or commission or
other governmental position that does not relate to the law, the legal system, or the administration of justice.

A

True

Such appointments are likely to be very time-consuming, can involve
the judge in controversial matters, and can interfere with the independence of the judiciary.

68
Q

True or False: A judge may, however, represent a governmental unit on a ceremonial occasion, or in
connection with a historical, educational, or cultural activity.

A

True

69
Q

Who can judges solicit fundraising from in a charitable org?

A

Their family members or other judges whom they have no authority over.

70
Q

What is the rule about judges making membership solicitations?

A

even though the dues or fees generated may be used to support
the objectives of the organization, but only if the organization is concerned with the law,
the legal system, or the administration of justice

71
Q

What is the rule against judges making speaking engagements?

A

Appearing or speaking at, receiving an award at, being featured on the program of, and
permitting her title to be used in connection with an organization’s event (if the event is
a fundraiser, such participation is permitted only if the event concerns the law, the legal
system, or the administration of justice)

72
Q

Can a judge encourage pro bono?

A

Yes but no co-erce.

73
Q

Can a judge be a member of a discriminatory org?

A

A judge must not hold membership in an organization that practices invidious discrimination based on race, sex, gender, religion, national origin, ethnicity, or sexual orientation.

74
Q

Can a judge use the facilities of a discriminatory org?

A

Even if the judge is not a member of such an organization, he must not use
the organization’s benefits or facilities if he knows or should know that it practices one of the
prohibited forms of invidious discrimination.

75
Q

Can a judge go to an event for a discriminatory org?

A

the judge may attend an event in a
facility of the organization if his attendance is an isolated event that could not reasonably be
perceived as an endorsement of the organization’s practices.

76
Q

What is invidious discrimination?

A

An organization discriminates invidiously if it arbitrarily excludes from membership,
on any of the bases enumerated above, persons who would otherwise be eligible for
admission.

An examination of the organization’s membership rolls is not solely dispositive of the issue. It is important to determine how the organization selects its members.
Other relevant factors include whether the organization is dedicated to the preservation
of religious, ethnic, or cultural values of legitimate common interest to its members,
or whether it is an intimate, purely private organization whose membership limitations
could not constitutionally be prohibited.

77
Q

Does membership in a religion violate the invidious discriminatio rule?

A

No

78
Q

What must a judge do if it learns of an org’s invidious discrimination?

A

Resign immediately.

79
Q

True or False:It is improper for a judge to devote so much time to her business activities that it interferes with her judicial duties.

A

True

80
Q

What is the rule for someone who is a fiduciary who later becomes a judge

A

Must comply with the rules no later than 1 year after becoming a judge.

81
Q

What must be in a public report of financial benefits?

A

Gifts
Loans
Things of value

Date/place and nature of activity/ source of reimbursement or waiver or fee.

82
Q

timing for financial reports

A

At least annual but for reimbursement or waivers 30 days from the end of the event.

83
Q

Where are financial reports filed?

A

Clerk of court where the judgeQ sits
Other designated offices
Online if possible to post

84
Q

What is the 4th Cannon?

A

A judge or candidate for judicial office must not engage in political or campaign activity that is
inconsistent with the independence, integrity, or impartiality of the judiciary

85
Q

What is the 3rd Cannon?

A

A judge must conduct his personal and extrajudicial activities to minimize the risk of conflict with
the obligations of judicial office.

86
Q

When does a person become a judicial candidate?

A

when she publicly announces her candidacy, declares or files
with the election or appointment authority, authorizes or, where permitted, engages in solicitation
or acceptance of contributions or support, or is nominated for election or appointment to office.

87
Q

Can a judge Lead or hold office in a political organization?

A

No

88
Q

Can a judge Make speeches on behalf of a political organization?

A

No

89
Q

Can a judge Publicly endorse or oppose a candidate for public office?

A

No

90
Q

Can a judge Solicit funds for, pay an assessment to, or contribute to a political organization or a
candidate for public office?

A

No

91
Q

Can a judge Attend or buy tickets for dinners or other events sponsored by a political organization or
a candidate for public office?

A

No

92
Q

Can a judge Publicly identify herself as a candidate of a political organization?

A

No

93
Q

Can a judge Seek, accept, or use endorsements from a political organization?

A

No

94
Q

Can a judge Personally solicit or accept campaign contributions other than through a campaign
committee authorized for the judicial candidate running in a public election may establish a campaign committee
to manage and conduct her campaign?

A

No

95
Q

Can a judge Use or permit the use of campaign contributions for private benefit?

A

No

96
Q

Can a judge Use court staff, facilities, or other court resources in her campaign?

A

No

97
Q

Can a judge Knowingly, or with reckless disregard for the truth, make a statement that is false or
misleading, or that omits facts necessary to make the communication considered as a
whole not materially misleading?

A

No

98
Q

Can a judge Make a statement that would reasonably be expected to affect the outcome or impair the
fairness of a matter pending or impending in any court?

A

No

99
Q

Can a judge in connection with cases, controversies, or issues that are likely to come before the
court, make pledges, promises, or commitments that are inconsistent with the impartial
performance of the adjudicative duties of judicial office?

A

No

100
Q

Does participate in a caucus type election procedure = public political support?

A

No

101
Q

Are judges allow to make pledges regarding judicial org?

A

Yes

102
Q

Can a candidate running of judicial office establish a campaign committee?

A

Yes

103
Q

Can a candidate running of judicial office speak on behalf their candidacy?

A

Yes via any medium

104
Q

Can a candidate running of judicial office publically endorse or oppose candidates in the same office?

A

Yes

105
Q

Can a candidate running of judicial office attend or purchase tickets for a dinner or other event sponsored by a political org or a candidate for office?

A

Yes

106
Q

Can a candidate running of judicial office seke or accept an endorsement from a person or org?

A

Yes but not a partisan org.

107
Q

Can a candidate running of judicial office contribute to a political org or candidate for office?

A

Yes but cannot exceed the cap set by the jurisdiction.

108
Q

When can a judicial candidate identify as a candidate for a political org or seek political endorsements?

A

When in a partisan election.

109
Q

What does a judge have to do when they are a candidate for non judicial office?

A

Resign unless law lets her keep the job while running.

110
Q

If a judge becomes a candidate for appointed office must they resign?

A

No but must follow CJC

111
Q

What is a retired judge allowed to do?

A

A retired judge subject to recall is allowed to serve as an arbitrator or mediator (except while
serving as a judge) and is allowed to serve as a fiduciary

112
Q

Are part time judges subject to CJC?

A

Continuing part-time judges, periodic part-time judges, and pro tempore part-time judges
are exempt from many, but not all, of the CJC provisions that restrict outside activities and
political activities.

113
Q

True or False: Engaging in a drunken brawl reflects adversely on the judge’s temperament and fitness

A

True

114
Q

True or False: A judge may not consult about a matter with other judges and with other court personnel whose function is to aid the judge in carrying out adjudicative responsibilities.

A

False

115
Q

A corporation in which Judge Kim’s first cousin sits on the board of directors appears as a party in Judge Kim’s courtroom.

Must Judge Kim disqualify himself?

A

No - cousin is not in the 3rd degree of family

116
Q

When must a judge disqualify itself regarding family members in the 3rd degree?

A

A judge must disqualify herself if a relative within the third degree is a party or an officer, director, general partner, managing partner, or trustee of a party.

117
Q

A lawyer who Judge Javier mentored before Judge Javier was appointed to the bench appears as a lawyer in a case in Judge Javier’s courtroom.

Must Judge Javier disqualify himself?

A

YES

118
Q

Judge Jemma belongs to and is very active in her church. Her church has a congregation of only 100 members. A member of Judge Jemma’s church congregation appears as a party in Judge Jemma’s courtroom. Judge Jemma has no contact with this member outside of church functions.

Must Judge Jemma disqualify herself from the case?

A

Judge Jemma need not disqualify herself. Unlike friends, acquaintances appearing as parties do not require a judge to disqualify herself from the case. Fellow church congregants are acquaintances.

119
Q

Judge Jordan and lawyer Paulo have mutual friends and have met and chatted at various gatherings at the homes of their mutual friends. Paulo appears as a lawyer in a case in Judge Jordan’s courtroom.

Must Judge Jordan disqualify himself from the case?

A

Judge Jordan need not disqualify himself. Unlike friends, acquaintances appearing as parties do not require a judge to disqualify himself from the case. People who see each other socializing with mutual friends are acquaintances.

120
Q

Judge Juanita and Poppy, a distant cousin, vacation together twice a year and see each other socially nearly every weekend. Poppy appears as a party in a lawsuit in Judge Juanita’s courtroom.

Must Judge Juanita disqualify herself?

A

Judge Juanita must disqualify herself from hearing the case. Although Poppy is not within the degree of relationship that would require the judge to disqualify herself on that basis, she does qualify as a close friend.

121
Q

True or False: A close personal relationship of this kind is a reasonable ground to believe that the judge has a personal bias concerning a party, and the judge must disqualify herself.

A

True.

122
Q

Is it enough for a judge to disclose a conflict for disqualification and for the parties to immediately waive it?

A

No

To remit (waive) grounds for disqualification, the judge disclosing the grounds on the record is only one step in the process.

The lawyers must be able to consult privately with their clients, and the parties must be able to meet outside the presence of the judge.

123
Q

True or False: A judge may attend an event in a facility of an organization that engages in discriminatory practices if his attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization’s practices.

A

True

124
Q

Judge Jasper is a full-time state court judge. His best friend Bailey asked Jasper to draft a contract for him. Jasper took a couple of hours on the weekend and drafted the document as a favor to his friend.

Is Judge Jasper subject to discipline?

A

Yes - full time cannot practice law and can only write a contract for family member. Timing does not matter.

125
Q

Judge Jasmine is a full-time federal judge. The judge’s daughter is a public school teacher who is being let go from her job. Her daughter asks Judge Jasmine to attend the hearing on her termination as her lawyer.

May Judge Jasmine attend the hearing as a lawyer?

A

No - cant do this in any place for anyone.

126
Q

Judge Julius is running for re-election against a strong opponent. It is expected to be a close race, and Julius would like to run some expensive ads that will require raising some campaign funds. Judge Julius sends out a form letter on campaign stationery to a list of past donors asking for contributions to his campaign.

Is Judge Julius subject to discipline?

A

Yes - cant do personal solicitation - must be through the campaign.

127
Q

True or False: A judge must disqualify herself in a proceeding if she knows that she—or her spouse, domestic partner, parent, or child—has an economic interest in the matter or in one of the parties.

A

True

MPRE (22 decks)

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