Pg 30

Question 1

Is a judge permitted to negotiate for private employment with a law firm or party or lawyer involved in a matter he participated in personally and substantially?

Answer 1

No

Question 2

Is a judge’s law clerk permitted to negotiate for private employment with a law firm, party, or lawyer that the clerk’s judge was involved in personally and substantially?

Answer 2

Yes, so long as he notifies the judge first

Question 3

Can a former judge represent a party in a matter that he participated in (on its merits, not just scheduling) while on the bench?

Answer 3

No

Question 4

What is the exception to the rule that a judge cannot negotiate for private employment with a firm, party, or lawyer in a matter that he substantially participated in?

Answer 4

• If all parties give informed consent to the representation after full disclosure that is confirmed in writing, or
• if screening is involved so that the former judge is disqualified but another attorney in the new firm can take the matter on and the former judge will be screened from any participation, cannot take any fee, and written notice is given to all parties

Question 5

If a judge becomes a candidate for non-judicial office, what must he do regarding his judicial office?

Answer 5

He must resign so that he cannot use his judicial office to promote his candidacy and if he loses there will be no retaliation

Question 6

What is the extra judicial source rule?

Answer 6

A rule that says that a judge only needs to recuse himself due to judicial bias when the bias comes from an out of court source, not from evidence, conduct, or information gotten during the course of judicial proceedings

Question 7

If after lots of pretrial motions a judge is impatient or annoyed with a litigant, must he disqualify himself?

Answer 7

No, because the events that triggered his disfavour of the litigant happened during the trial, and didn’t come from an out of court source