Pg 28

Question 1

If a judge knows that another judge committed a violation of the code that raises a substantial question about his honesty, trustworthiness, or fitness as a judge, what must the judge do?

Answer 1

Inform the appropriate authorities

Question 2

If a judge doesn’t have actual knowledge that another judge committed a violation of the CJC, but he gets information indicating a substantial likelihood of it, what must the judge do?

Answer 2

Must take the appropriate action. This could mean communicating directly with the judge, or with his supervising judge, or reporting it to the appropriate authority

Question 3

What is the CJC rule 2.16 about cooperating with disciplinary authorities?

Answer 3

Judges must cooperate and be candid and honest with judicial and attorney disciplinary agencies

Question 4

What is the third cannon of the CJC?

Answer 4

A judge should arrange his personal and extra judicial activities to minimize the risk of conflict with the obligations of judicial office

Question 5

What is the rule about judges appearing before government bodies and consulting with government authorities?

Answer 5

Judges cannot appear voluntarily at a public hearing or consult with an executive or legislative body or official except in certain situations

Question 6

What are the exceptions to the rule that a judge cannot appear at a public hearing or consult with an executive or legislative body?

Answer 6

– if it is in connection with matters concerning the law that the judge has knowledge or expertise of
– if the judge is acting pro se in a matter involving his own interest or as a fiduciary
– if he has special expertise in a matter of law and can share it with government bodies

Question 7

What is the CJC 3.3 rule about testifying as a character witness?

Answer 7

Judges can’t testify as character witnesses in any proceeding or vouch for the character of anyone unless they are duly summoned

Question 8

If a judge testifies as a character witness without being subpoenaed, what happens?

Answer 8

That is considered to be an abuse of the prestige of his office

Question 9

What is the reason that judges shouldn’t testify as character witnesses?

Answer 9

It might require the judge to be impeached, and that would be bad for the legal system

Question 10

Judges should not testify as character witnesses, but what kind of witness can they be?

Answer 10

A fact witness if they have personal knowledge of the facts at issue

Question 11

What is CJC 3.4 rule about appointments to government positions?

Answer 11

A judge can’t accept appointment to a government committee, board, commission, or government position unless it concerns the law

Question 12

Is it considered to be accepting a government position if a judge represents his country or state in a ceremonial occasion or for historical, educational or cultural activities?

Answer 12

No, that is fine

Question 13

What is CJC 3.5 rule about the use of non-public information?

Answer 13

A judge can’t intentionally disclose or use non-public information gotten in a judicial capacity for any purpose unrelated to his official duties. Ie: like an investment opportunity

Question 14

If a judge acquires commercial or valuable information during his judicial duties that isn’t available to the public, what can he do with that information?

Answer 14

He can’t reveal it or use it for personal gain, but he can act on the information if it’s needed to protect the health or safety of himself, his family, court personnel, etc.

Question 15

If a judge reads a summary judgement motion that has confidential discovery material that a company stock is about to take off because of a new technology, and the judge tells his brother, who invests, what happens?

Answer 15

The judge is subject to discipline for disclosing non-public information he learned through his judicial capacity

Question 16

What is CJC 3.7 rule about participation in educational, religious, charitable, fraternal, or civic organizations and activities?

Answer 16

Judges can participate in activities that are sponsored by organizations or government entities concerned with law or justice or educational, religious, fraternal, or civic organizations that are not for profit

Question 17

What are some examples of civic organizations and activities that a judge can participate in?

Answer 17

Helping organize and plan fundraising, participating in the management or investment of the organization’s funds, soliciting contributions for this type of organization but only from family members or other judges that this judge doesn’t supervise, soliciting membership but only if it is concerned with the law, speaking at or getting an award, being featured on a program, letting his title be used in connection with an event, being an officer/director/trustee to an organization unless it will likely engage in proceedings that will often come before the judge

Question 18

When a judge is considering whether to affiliate with an organization that is law related, he should still consider what?

Answer 18

Whether membership and the purpose of the organization conflict with his obligation to refrain from activities that reflect adversity on his independence, integrity, and impartiality

Question 19

Can a judge be an usher or a food server at a fundraising event?

Answer 19

Yes, if it is sponsored by an educational, religious, charitable, fraternal, or civic organization

Question 20

When can a judge use official letterhead?

Answer 20

To write things like letters of recommendation if based on the judge’s personal knowledge and if it will not be seen as an attempt to exert pressure because of his office

Question 21

Is it OK for a judge to encourage attorneys to do pro bono work?

Answer 21

Yes, but a judge cannot use coercion or abuse of his prestige

Question 22

Judges cannot accept appointments to serve in fiduciary positions, except when?

Answer 22

For the estate, trust, or person of a member of his family, and even then only if it won’t interfere with his judicial duties

Question 23

A judge cannot be a fiduciary if it will require him to do what?

Answer 23

Engage in proceedings that will likely come before him

Question 24

If a judge is acting as a fiduciary, and a conflict with his judicial duties arises, what should he do?

Answer 24

Resign as a fiduciary

Question 25

Can a judge act as an arbitrator or a mediator?

Answer 25

Not unless expressly authorized by law or if it is part of his assigned judicial duties

Question 26

Can a part-time judge still practice law?

Answer 26

Yes, but he can’t act as an attorney in any proceeding relating to a case he has heard as a judge

Question 27

Can a full-time judge still practice law?

Answer 27

No

Question 28

Is it proper for a judge to act pro se and without compensation to give legal advice or draft documents for members of his own family?

Answer 28

Yes, but he can’t be anyone’s attorney

Question 29

What are the rules regarding judges holding and managing investments?

Answer 29

They can hold and manage their own or their family members’ investments, but they cannot be an officer, director, managing general partner, or employee of any business entity except closely held businesses of the judge or family members, or business entities primarily engaged in the investment of financial resources of the judge and family

Question 30

A judge cannot engage in financial activities if it will do what?

Answer 30

Interfere with the proper performance of his judicial duties, result in frequent disqualification, involve him in frequent transactions or business relationships with attorneys or others that will likely come before him, or result in violations of the code

Question 31

Can judges hold leadership positions in law schools or nonprofit organizations?

Answer 31

Yes, if intended to improve the administration of legal justice

Question 32

Can a judge personally solicit funds for any purpose?

Answer 32

No

Question 33

Can a judge accept reasonable compensation for extra judicial activities?

Answer 33

Not if it would appear to a reasonable person to undermine his independence, integrity, or impartiality

Question 34

Can judges accept things like stipends, wages, or salaries for speaking, teaching, writing, or performing weddings?

Answer 34

Yes, as long as the compensation is reasonable and commensurate with the task and his judicial duties take precedence over these other activities