MPRE Judicial Conduct 2

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?

Accepted Answer

Disclose the prior relationship but may continue unless a party objects

Answer

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:

Accepted Answer

Take no action on the merits but may acknowledge receipt

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

Violates the duty to be impartial and to avoid prejudging credibility

Answer

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:

Accepted Answer

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

Answer

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

MPRE Practice Test

MPRE Practice Test

MPRE Judicial Conduct 2