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Question 1

What is the rule CJC 1.2 about confidence in the judiciary?

Answer 1

Judges must always act in a way that promotes public confidence in the independence, integrity, and impartiality of the judiciary and must avoid impropriety and the appearance of impropriety

Question 2

What is the test to determine whether a judge is acting in a way that creates confidence in the judiciary?

Answer 2

Whether the conduct would create in reasonable minds a perception that the judge violated the CJC or did anything to reflect badly on his honesty, impartiality, temperament, or fitness to serve as a judge

Question 3

What is the rule CJC 2.2 about impartiality and fairness?

Answer 3

A judge must uphold and apply the law and perform all duties fairly and impartially. This means he must be objective and open minded, and interpret the law without thinking about whether he approves or disapproves of it

Question 4

What are the two exceptions to the CJC 2.2 about impartiality and fairness?

Answer 4

1. Good faith errors of fact or law are OK
2. Can make reasonable accommodations for pro se litigants that don’t know the legal system in order to level the playing field and ensure a fair hearing

Question 5

What is the rule for pro se litigants when they file papers with the court?

Answer 5

They are subject to different review standards and are construed liberally in favour of the litigant

Question 6

What is CJC 2.3 about bias, prejudice, and harassment?

Answer 6

Judge must do all of his duties without bias or prejudice and cannot engage in harassment based on race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation

Question 7

What is the rule for judges regarding bias, prejudice, and harassment outside of themselves?

Answer 7

They also cannot allow the court staff, officials, or others under their control to harass anyone in a discriminatory fashion

Question 8

What are some examples of harassment that a judge cannot engage in or allow his staff to engage in?

Answer 8

Epithets, slurs, demeaning nicknames, joke-based stereotypes, hostile acts, suggestions of connection between race and crime, irrelevant reference to personal characteristics. Includes facial expressions and body language

Question 9

Judges must avoid impropriety and what in what areas of their lives?

Answer 9

The appearance of impropriety in both their personal and professional lives

Question 10

What should be a judge’s goal regarding the CJC?

Answer 10

To exceed the standards of conduct of the rules

Question 11

What is harassment?

Answer 11

Verbal or physical conduct denigrates or shows an aversion to anyone based on sex, race, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation

Question 12

What is sexual harassment?

Answer 12

Sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that is not welcome

Question 13

When must a judge disqualify himself from a proceeding?

Answer 13

Anytime that his impartiality might be questioned

Question 14

What are some examples of times that a judge should disqualify himself from a proceeding?

Answer 14

If he has a personal bias against a party or an attorney, or personal knowledge of facts in the proceeding

Question 15

What is another word for disqualification?

Answer 15

Recusal

Question 16

If an attorney that has to go before a judge is a partner at the firm where the judge’s wife works, is it necessary for the judge to recuse himself?

Answer 16

He may need to recuse himself because his impartiality may be called into question

Question 17

If a judge strongly supports the death penalty for child molesters and has said so publicly, but this is not the law, is it proper for an attorney that is representing a child molester to move to disqualify that judge because of his beliefs?

Answer 17

No, judges can express their beliefs, and that is not the same thing as saying that their impartiality should be questioned or that they have pledged to do something that is inconsistent with their judicial duties

Question 18

What is involved in the supervisory duties of a judge?

Answer 18

A judge must require his staff/officials/others that are subject to his control to act consistent with his obligations

Question 19

If a judge supervises other judges, what is involved in his supervisory duties?

Answer 19

He must make sure that the judges properly do their duties which includes prompt disposition of matters before them.

Question 20

Whose actions is a judge responsible for?

Answer 20

His own and for those that he is in control of

Question 21

A judge cannot direct anyone to do something on his behalf that what?

Answer 21

That he couldn’t do himself

Question 22

If a bailiff makes a racial slur in court, what must the judge do?

Answer 22

Correct him

Question 23

What is the CJC 3.1 rule about extrajudicial activities?

Answer 23

A judge can engage in these but he cannot participate in any that will interfere with his duties or lead to frequent disqualification, or that appear to a reasonable person to undermine his independence, integrity, or impartiality

Question 24

What is the CJC 3.6 rule about affiliation with discriminatory organizations?

Answer 24

Judges can’t have membership in any organization that discriminate based on race, sex, gender, religion, national origin, ethnicity, or sexual orientation. Regardless of whether the judge knows or should know

Question 25

If a judge attend an event at an organization that discriminates, is that OK?

Answer 25

Yes, if it is an isolated event and can’t reasonably be perceived as endorsing the organization’s practises

Question 26

If someone was already part of a golf club that didn’t allow women, blacks, or Jews to be members becomes a judge, what must he do?

Answer 26

Resign his membership and stop using the facilities of the organization

Question 27

What is the major difference between attorneys and judges?

Answer 27

Impartiality

Question 28

If a person stops being a part-time judge, can he then be an attorney in a proceeding that he was a judge in?

Answer 28

Only if he can get the informed consent of all the parties

Question 29

What is the first cannon in the CJC?

Answer 29

The judge must uphold and promote the independence, integrity, and impartiality of the judiciary, and avoid impropriety and the appearance of impropriety

Question 30

What is involved in the CJC rule about avoiding abuse of the prestige of judicial office?

Answer 30

A judge cannot abuse the prestige of his office to advance his personal or economic interests, or allow anyone else to do that. This means he cannot use his position to get personal advantage or deferential treatment

Question 31

If a judge writes a personal note on stationary that has his title on it, is that OK?

Answer 31

It depends on the situation. If the letter is to a longtime friend that knows his position, then it’s probably OK

Question 32

Is it OK for judges to identify themselves as judges when their judicial experience is germane to the situation?

Answer 32

Yes

Question 33

What is the second cannon of the CJC?

Answer 33

A judge must perform his duties impartially, competently, and diligently

Question 34

What is the rule for judges about giving precedence to the duties of judicial office?

Answer 34

These duties must take precedence over all of the judge’s personal and extra judicial activities so the judge can be available to fulfil his judicial duties. Thus he must do his personal and extrajudicial activity to minimize the risk of conflict that might come up and cause frequent disqualification

Question 35

If a relative of the judge is a party to a proceeding, what must a judge do?

Answer 35

He must disqualify himself

Question 36

What are the situations that a judge should disqualify himself from hearing a case?

Answer 36

– if a party (or attorney in the proceeding) is a RELATIVE or officer/director/partner/managing member/trustee of a relative
- if he has a BIAS or prejudice about a party or an attorney
– if he has personal KNOWLEDGE of a fact in dispute
– if the judge knows that he or his spouse, or any member of his family residing in his household has an economic INTEREST in the matter
– if he knows a party has recently made aggregate CONTRIBUTIONS to his campaign in specific amount
– If the judge has publicly made a statement that appears to commit him to read a particular result or rule in a particular way
– if the judge was an attorney in the matter or associated with an attorney is substantially participated in the matter
– if the judge is a material WITNESS in the matter
– if the judge previously presided over the matter in a different court

Question 37

If a judge’s father sits on the board for a corporation that has a case with the judge, must the judge disqualify himself

Answer 37

Yes

Question 38

What are some things a judge must stay informed about?

Answer 38

His personal and fiduciary interests, as well as the economic and personal interests of his spouse, partner, and minor children in his household

Question 39

If a judge discloses on the record the basis for his disqualification, can he ask the parties and the attorneys to consider whether to waive disqualification?

Answer 39

Yes, and if they agree, he will not be disqualified. With the exception of bias