MPRE Judicial Conduct 2 — Questions and Answers
Question 1: 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?
- Disqualify herself automatically because former partners always require recusal
- Disclose the prior relationship but may continue unless a party objects (Correct answer)
- Continue without disclosure since the relationship ended long ago and poses no conflict
- Recuse herself only if the attorney requests it in writing
Correct 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.
Question 2: 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:
- File the letter with the clerk as part of the public record
- Respond politely thanking the senator for the kind words
- Ignore the communication as it has no bearing on pending matters
- Take no action on the merits but may acknowledge receipt (Correct answer)
Correct 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.
Question 3: 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:
- Disqualify himself because a family member has a financial interest in the case (Correct answer)
- Disclose the relationship and allow the parties to waive disqualification
- Continue if he genuinely believes he can be impartial
- Transfer the case only if the son's shares are worth more than $10,000
Correct 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.
Question 4: 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:
- Is permissible as judges may share their experience with juries
- Violates the duty to be impartial and to avoid prejudging credibility (Correct answer)
- Is appropriate only if the judge gives both sides equal commentary
- Is proper because judges are permitted to guide juries on evidentiary matters
Correct 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.
Question 5: A judge is asked to speak at a local bar association dinner about trends in civil procedure. She may:
- Speak only if she receives prior approval from the state supreme court
- Decline because all public speaking creates an appearance of partiality
- Speak on the topic but must avoid commenting on pending cases or political matters (Correct answer)
- Speak freely because bar association events are considered private
Correct 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.
Question 6: 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:
- May continue if she had no knowledge of the purchase at the time it was made
- Must disqualify herself because her spouse has a financial interest in a party (Correct answer)
- Must order her husband to divest but may continue presiding
- May continue after disclosing the stock ownership to the parties
Correct 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.
Question 7: 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:
- Must refuse because all personal recommendations by judges are prohibited
- May write the letter based on personal knowledge but should not use judicial letterhead (Correct answer)
- May write the letter on judicial letterhead to add weight to the recommendation
- May only provide a reference if the classmate was a former law clerk
Correct 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.
MPRE Judicial Conduct 2
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?