Judicial Conduct Flashcards

A judge is presiding over a contract dispute when she realizes one of the attorneys is her former law partner from 15 years ago. They have had no contact since. What should the judge do?

Answer: Disclose the prior relationship but may continue unless a party objects

Under the Model Code of Judicial Conduct, a judge must disclose relationships that might cause a reasonable person to question impartiality, and the parties can then waive disqualification.

A judge receives a letter from a senator praising the judge's recent ruling and urging the judge to 'keep up the good work.' The judge should:

Answer: Take no action on the merits but may acknowledge receipt

A judge may acknowledge receipt of an unsolicited communication but must not allow political influence to affect judicial decisions.

Judge Hartley sits on a civil court. His son is a 25% shareholder in a corporation that is a defendant in a case before him. Judge Hartley must:

Answer: Disqualify himself because a family member has a financial interest in the case

A judge is disqualified when a family member within the third degree of relationship has a known financial interest that could be substantially affected by the outcome.

During a criminal trial, a judge comments to the jury, 'I have heard a lot of cases and the defendant's alibi witnesses are rarely credible.' This conduct:

Answer: Violates the duty to be impartial and to avoid prejudging credibility

Judges must not make statements that express or imply bias or that prejudge witness credibility, as this violates the duty of impartiality.

A judge is asked to speak at a local bar association dinner about trends in civil procedure. She may:

Answer: Speak on the topic but must avoid commenting on pending cases or political matters

Judges may engage in educational speaking activities but must not comment on pending or impending cases and must avoid political statements.

A judge learns that her husband secretly purchased stock in a company that is currently a party in a case on her docket. The judge:

Answer: Must disqualify herself because her spouse has a financial interest in a party

A judge must disqualify when her spouse has a known financial interest that could be substantially affected by the proceeding, regardless of when the judge learned of it.

A judge is approached by a law school classmate who asks the judge to provide a reference letter for the classmate's application to a prestigious position. The judge:

Answer: May write the letter based on personal knowledge but should not use judicial letterhead

Judges may provide personal references based on personal knowledge but should not use the prestige of judicial office, including official letterhead, for private recommendations.