Pg 29 Flashcards
Can a judge accept a gift, or thing of value?
Not if it’s prohibited by law, or if it would appear to to a reasonable person to undermine his independence, integrity, or impartiality
What kinds of items can a judge accept without having to publicly report?
Items with little intrinsic value, gifts or things of value from friends or relatives, ordinary social hospitality, commercial opportunities like special pricing or discounts as long as those same opportunities are available on the same terms to similarly situated people that are not judges, awards or prizes given to competitors for participating in draws or contests as long as they are open to people that are not judges, scholarships if available to similarly situated people on the same terms and criteria, books or magazines or videos supplied by publishers on a complementary basis for official use, gifts are benefits associated with a business or profession of the spouse or someone residing in the judge’s home but the incidentally benefit the judge
What kinds of things can a judge accept but he has to report?
Gift incident to public testimony, invitations to attend events related to the bar or educational, religious, terrible, fraternal, or civic activities without charge (so long as the same event is offered to non-judges in similar ways), gifts or benefits of value if the source is a party, anytime a judge accepts a gift or thing of value without paying the fair market value, any benefit available to the general public or those that are not judges, anything that the judge is just an incidental beneficiary of or a gift primarily offered to others
Do the rules about accepting gifts and benefits and things of value also apply to family members of a judge?
Yes, they apply to family and people living in the same house as the judge
Can judges accept reimbursement of expenses?
Yes if it was needed and a reasonable expense for things like travel, food, housing, incidental expenses
If a judge is going to be reimbursed for expenses, what is that limited to?
Actual costs reasonably incurred
What are the CJC’s 3.15 reporting requirements for judges?
They must report the amount or value of compensation gotten from extrajudicial activities, gifts or things of value unless it doesn’t exceed a certain amount, reimbursement of expenses unless it doesn’t exceed a certain amount, as well as the date, place, nature of the activity, description of the gift of benefit, and its source
How often must a public report of things of value or reimbursements given to a judge be reported?
At least annually, or 30 days after the conclusion of an event. The report is then filed as a public document
What is the fourth judicial canon of the CDC?
A judge or candidate for judicial office can’t engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary
Is it permissible for a judicial candidate or judge to act as a leader or hold office in a political organization?
No
What are the things that a judge or judicial candidate cannot do regarding politics?
He cannot hold political office, can’t make speeches on behalf of a political organization, cannot publicly endorse or oppose a candidate for office, solicit funds or pay contributions to a political organization, attend or buy tickets for dinner sponsored by a political organization, publicly announce himself as a candidate for political office, solicit or except campaign contributions for the private benefit of the judge, use his staff to campaign for judicial office, disregard the truth or make false or misleading statements, make pledges or commitments that are inconsistent with the impartial performance of his duties
Judges must be free of what in relation to political office?
Free of and appear to be free of political influence and political pressure
If a judge is running for judicial office, what are the things he can do?
Make speeches, endorse or oppose another candidate for the same office, advertise, let his name be on political party ticket
Can family members of a judge or judicial candidate engage in political activity?
Yes, but the judge cannot endorse them or get involved in their campaign
What is the rule for judicial candidates in making statements during their campaign?
Must be scrupulously fair and accurate in all statements made during their campaign, and refrain from making statements that are false or misleading