MPRE Judicial Conduct 3 — Questions and Answers
Question 1: A judge who is a candidate for re-election is asked by a campaign supporter to attend a fundraiser in his honor. The judge may:
- Attend and speak at the fundraiser to thank supporters
- Allow a committee to conduct fundraising but must not personally solicit funds (Correct answer)
- Attend but may not speak or be identified as the honoree
- Neither attend nor allow any fundraising on his behalf
Correct answer: Allow a committee to conduct fundraising but must not personally solicit funds
A judicial candidate may establish a campaign committee to solicit and manage funds but must not personally solicit campaign contributions.
Question 2: A judge is presiding over a highly publicized murder trial. A television reporter contacts the judge for an interview about the case. The judge should:
- Grant the interview to ensure the public is informed about the proceedings
- Decline to make any public statement about the pending case (Correct answer)
- Refer the reporter to the court's public information officer who may comment freely
- Grant the interview only to provide factual information about court procedures
Correct answer: Decline to make any public statement about the pending case
A judge must not make public statements that might affect the outcome of a pending matter or prejudice a party.
Question 3: Judge Wilson discovers mid-trial that opposing counsel made an ex parte contact with her clerk, asking questions about the judge's likely ruling. The judge should:
- Declare a mistrial immediately
- Disqualify the offending attorney from the case
- Notify both parties, allow the affected party to respond, and consider appropriate sanctions (Correct answer)
- Take no action since clerks are not judges and ex parte rules only apply to judges
Correct answer: Notify both parties, allow the affected party to respond, and consider appropriate sanctions
When improper ex parte contact occurs through court staff, the judge must notify all parties, allow the affected party to respond, and may impose sanctions on counsel.
Question 4: A judge is a member of a private country club that, upon inquiry, she learns has a policy of excluding women from full membership. The judge should:
- Resign from the club promptly upon learning of the discriminatory policy (Correct answer)
- Disclose the membership whenever a female litigant appears before her
- Continue membership but work internally to change the policy
- Resign only if she personally approves of the discriminatory policy
Correct answer: Resign from the club promptly upon learning of the discriminatory policy
Judges must not hold membership in organizations that practice invidious discrimination on the basis of sex, race, or other protected characteristics.
Question 5: A retired judge is asked to serve as a paid mediator in a private dispute. The former judge may:
- Serve as mediator without any restrictions since he is no longer a judge (Correct answer)
- Serve as mediator but may not mediate cases that were pending in his court
- Never serve as a paid mediator because it violates post-judicial ethics rules
- Serve as mediator only for cases arising after his retirement date
Correct answer: Serve as mediator without any restrictions since he is no longer a judge
A retired judge who has left judicial office is generally free to engage in alternative dispute resolution and other legal activities without the restrictions that apply to sitting judges.
Question 6: During a bench trial, a judge believes a key witness is being evasive. The judge may:
- Question the witness to clarify testimony and elicit relevant facts (Correct answer)
- Only question the witness if both attorneys consent on the record
- Never question witnesses as this compromises the appearance of impartiality
- Question the witness only after both sides have completed their examinations
Correct answer: Question the witness to clarify testimony and elicit relevant facts
A judge presiding over a bench trial may question witnesses to clarify testimony or elicit relevant information, provided the questioning is impartial.
Question 7: A judge owns a rental property. She learns that a law firm whose attorneys regularly appear in her court has signed a lease for office space in her building. The judge should:
- Require the firm to vacate the premises to eliminate the conflict
- Disclose the landlord-tenant relationship to parties when attorneys from that firm appear (Correct answer)
- Take no action because a commercial landlord-tenant relationship does not require disclosure
- Recuse herself from all cases involving that firm's attorneys
Correct answer: Disclose the landlord-tenant relationship to parties when attorneys from that firm appear
A business relationship with counsel that could cause a reasonable person to question impartiality must be disclosed, allowing parties to decide whether to seek recusal.
MPRE Judicial Conduct 3
A judge who is a candidate for re-election is asked by a campaign supporter to attend a fundraiser in his honor.
The judge may: