Judicial Ethics

Question 1

Code of Judicial Conduct Application

Answer 1

Applies to judges and those who perform judicial functions including magistrates, court commissioners referees and special masters

Question 2

Retired Judges

Answer 2

Retired judges subject to recall can serve as an arbitrator or mediator (but not while serving as a judge0

*Part-Time judges, periodic part-time and pro tempore PT judges are exempt from many but not all CJC provisions restricting outside activities and political activities.

Question 3

Competence in Judicial Office

Answer 3

1) promptly dispose of court business
2) devote adequate time to duties
3) be punctual in attending court
4) external influences must not influence or sway decision
5) judges can encourage settlement but not coerce

Question 4

Ex Parte Communications: Judges

Answer 4

Not permitted except:

1) expressly authorized by law (drug or mental health cts)
2) mediation or settlement (w/ consent of parties)
3) Emergency or deminimus
4) inadvertent receipt of unauth ex parte communication- judge must notify parties and give opportunity to respond

Question 5

Judges may not:

Answer 5

• seek independent investigation of facts only consider what is presented
• no public or nonpublic comments from judges that may affect case outcome otherwise interfere with a fair trai

Question 6

Judges must not:

Answer 6

• regarding cases or issues likely to come before the ct, judge must not make pledges, promises, or commitments inconsistent with impartial performance of duties
• judge must not commend or criticize jurors for their verdict
• *administrative Appts must be made impartially and based on merit, not basis of nepotism or favoritism.

Question 7

Judges must step down if:

Answer 7

if close relatives (that is within 3rd degree of relationship) is party, attny, material wit, former judge in proceeding, or person with more than a deminimis interest that could be substantially be affected by the proceeding that is before the judge.

Question 8

Judge may partake in:

Answer 8

Educational, religious, charitable, fraternal or civic organizations and activities NOT CONDCUTED FOR PROFIT.

i. e.
1) solicitation of contributions for the orgs, but only from family members or other judges over whom the judge has no supervisory or appellate auth.
2) participating in, but not soliciting funds for deminimis fundraising acts that are directed at a broad range of the community and that may be performed by other volunteers who do not hold judicial office.

Question 9

Judge may not serve as:

Answer 9

trustee, guardians, other fiduciary, or administrator, executor except for a family member and then only when:

1) no interference with official duties
2) proceedings would not ordinarily come b4 the judge (in judge’s own ct room)
3) matter will not involve adversary proceedings in a ct under that judge’s appellate juris