The Judicial Code of Conduct Flashcards
What are the reasons for the Judicial Code of Conduct?
1) Protect impartiality and the appearance of impartiality of judges;
2) Prevent the misuse of judicial prestige for private purposes;
3) Judge cannot commit any impropriety or appear to commit any impropriety.
Judicial Rule 2.8: Judicial Conduct in Court
(a) Judge shall require order and decorum in court.
(b) Judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, and others and require similar conduct of lawyers, court staff and others subject to the judge’s direction and control.
Judicial Rule 2.3: Judicial Conduct in regards to bias.
(a) Perform judicial duties without bias or prejudice.
(b) Not manifest bias or prejudice or engage in harassment, based on race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, and shall not permit court staff, court officials, or others subject to the judge’s direction and control to do so.
(c) A judge shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice or engaging in harassment, based upon attributes… See above list.
Judicial Rule 2.11: Disqualification
1) Relatives: Disqualified for both a party and a lawyer.
2) Economic Interest: If a judge has more than a de minmis financial interest in the outcome of a case, then they should be disqualified.
3) Personal Interest: The judge makes a public statement about something that makes a normal person believe that they could not be impartial, then disqualification is correct.
4) Previously served as a lawyer or a witness in the case.
5) Person bias against a lawyer or a witness.
6) Judge presided over the issue in another court.
What is the general rule about when a judge should be disqualified?
Would a normal and reasonable person believe the the judge is not impartial?
Judicial Rule 2.9: Ex Parte Communications (General Rule and Exceptions)
General Rule: A judge cannot discuss a case with one side when the other side is not present.
Exception:
1) Emergency Situations, administrative questions, scheduling.
(a) As long as the judge reasonably believes that neither side will gain a procedural, substantive, or tactical advantage; and
(b) The judge informs the other parties promptly and gives parties time to respond.
(2) Judge can consult with court staff and officials (including judges) whose functions are to aid the judge in carrying out the judges responsibilities as long as the judge make reasonable efforts to avoid receiving factual information that is not part of the record.
(3) A judge may accept written advice from a disinterested expert on the law applicable to a case as long as the judge gives advance notice to the parties.
NOTE: This is not the Illinois Rule. In Illinois, a judge cannot, under any circumstance, contact a disinterested expert.
(4) A judge may, with consent of parties, confer seperately with each party in an effort to settle matters.
(5) When the judge is authorized by law to do so.
ABA Rule 4.1: Political and Campaign Activities of Judges and Judicial Candidates
(A) No judge or a judicial candidate shall ever:
(1) Act as a leader or hold an office in a political organization;
(2) Make speeches on behalf of a political organization;
(3) Solicit funds for or pay assessment to a political organization;
(4) Personally solicit or accept campaign contributions;
(B) And With Regards to Campaign Rhetoric Shall Not:
(1) Knowingly or with reckless disregard for the truth make a false or misleading campaign statement;
(3) In connection with cases, controversies, or issues likely to come before the court, make pledges, promise, or commitments that are inconsistent with the impartial performance of judicial duties.
Rule 3.1: Extra Judicial Activities in General (General Rule and Exceptions)
A judge may engage in extrajudicial activities, except as prohibited by law. However, when engaging in extrajudicial activities, a judge shall not:
(1) Participate in activities that will interfere with the proper performance of the judge’s judicial duties;
(2) Participate in activities that will lead to frequent disqualified of the judge;
(3) Participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality;
(4) Engage in conduct that would appear to a reasonable person to be coercive; or
(5) Make use of court premises, staff, stationery, equipment, etc. for the activities.
Who may a judge solicit for money for charitable contributions?
ABA Rule - Family and judges whom you do not supervise or have appellate control over.
Illinois - Nobody
When can Judges speak/ receive an award at fundraisers? (ABA, Federal Law, Illinois law)
ABA - They can, as long as it is for a law related event. Such as a law school or bar association.
Federal - Judges cannot do either, under any circumstance.
Illinois - Judge can do both.
