Judicial Ethics Flashcards

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1
Q

In determining when a judge’s “_______________________,” a judge who has expressed a general opinion or formulated policy prior to becoming a judge that runs counter to a party’s position in the current proceeding ______ disqualify herself.

A judge is ________ to be able to ____________________ and ______________ with regard to the case over which the judge is presiding.

A

In determining when a judge’s “impartiality may reasonably be questioned,” a judge who has expressed a general opinion or formulated policy prior to becoming a judge that runs counter to a party’s position in the current proceeding need not disqualify herself.

A judge is presumed to be able to put aside general preferences and be impartial with regard to the case over which the judge is presiding.

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2
Q

A judge ____ perform judicial and administrative duties ________, which includes ________________________ in ways that ____________________________, ____________, and ________________.

A ____________ granting additional postponements conflicts with the judge’s duty to ____________________________ before her.

A

A judge must perform judicial and administrative duties diligently, which includes monitoring and supervising cases in ways that reduce or eliminate dilatory practices, avoidable delays, and unnecessary costs.

A blanket policy granting additional postponements conflicts with the judge’s duty to expedite the determination of matters before her.

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3
Q

Candidates for judicial office _____ make ____________________ to take a position on cases that are likely to come before the court.

____________ statements are permitted.

A

Candidates for judicial office must not make a pledge or commitment to take a position on cases that are likely to come before the court.

True factual statements are permitted.

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4
Q

A judge is permitted to obtain the written advice of a disinterested expert on the law applicable to a proceeding before the judge, if the judge ____________ to the ________ of the __________ and the _________ of the _______________, and ____________________________________ and __________________ and __________________.

A

A judge is permitted to obtain the written advice of a disinterested expert on the law applicable to a proceeding before the judge, if the judge gives advance notice to the parties of the person to be consulted and the subject matter of the advice to be solicited, and gives them a reasonable opportunity to object and respond to the notice and to the advice received.

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5
Q

A judicial candidate who is subject to public election ____ establish a campaign committee to manage and conduct a campaign for the candidate.

A judicial candidate _____ personally solicit or accept campaign contributions other than _______________, except as may be permitted by law.

A

A judicial candidate who is subject to public election may establish a campaign committee to manage and conduct a campaign for the candidate.

A judicial candidate must not personally solicit or accept campaign contributions other than through such a committee, except as may be permitted by law.

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6
Q

A judge ________ initiate, permit, or consider ex parte communications or other communications made to the judge outside the presence of the parties or their lawyers, with regard to_________________________.

A judge _____ make ________________, including providing appropriate supervision, to ensure that this rule is not violated by court staff, court officials, and others subject to the judge’s direction and control.

A

A judge must not initiate, permit, or consider ex parte communications or other communications made to the judge outside the presence of the parties or their lawyers, with regard to a pending or impending matter.

A judge must make reasonable efforts, including providing appropriate supervision, to ensure that this rule is not violated by court staff, court officials, and others subject to the judge’s direction and control.

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7
Q

A judge ________ use judicial letterhead to gain an advantage in conducting her personal business, but ____ write a reference letter on official letterhead for another, if the judge __________________________________ and there is _______________ that the use of the letterhead would ______________________ as an attempt to use the judge’s official position to ____________.

A

A judge must not use judicial letterhead to gain an advantage in conducting her personal business, but may write a reference letter on official letterhead for another, if the judge indicates that the reference is personal and there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to use the judge’s official position to exert pressure.

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8
Q

A judge who receives information indicating a __________________ that a lawyer has committed a violation of the Model Rules of Professional Conduct _____ take appropriate action.

A

A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Model Rules of Professional Conduct must take appropriate action.

The commission of a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, and fitness as a lawyer constitutes professional misconduct.

In addition, conduct that involves dishonesty, fraud, deceit, or misrepresentation can constitute professional misconduct.

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9
Q

A judge ____ serve as the personal representative for the estate of a decedent only when the decedent was a _____________________.

A member of the judge’s family includes only the judge’s ______________, _______, ___________, ___________, ___________, or other relative or person with whom the judge ______________________________.

A

A judge may serve as the personal representative for the estate of a decedent only when the decedent was a member of the judge’s family.

A member of the judge’s family includes only the judge’s spouse or domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship.

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10
Q

A judge generally _______ engage in fundraising activities on behalf of a not-for-profit charitable organization.

However, a judge ________ solicit contributions to such an organization from ________________________ or from ___________________ over whom ________________________________________.

A

A judge generally must not engage in fundraising activities on behalf of a not-for-profit charitable organization.

However, a judge may solicit contributions to such an organization from members of the judge’s family or from other judges over whom the judge does not have supervisory or appellate authority.

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