MPRE Judicial Conduct 4 — Questions and Answers
Question 1: A judge is deciding a case that presents a constitutional question about a statute. The governor who appointed the judge publicly states she expects the judge to uphold the statute. The judge should:
- Recuse herself to avoid the appearance of responding to political pressure
- Decide the case on the law and facts without regard to the governor's statement (Correct answer)
- Request that the governor retract the statement before ruling
- Transfer the case to avoid any appearance that she is influenced by the appointing authority
Correct answer: Decide the case on the law and facts without regard to the governor's statement
A judge must decide cases independently based on law and facts, and must not be influenced by the views of appointing authorities or political officials.
Question 2: An attorney appears before a judge and discloses that he contributed $500 to the judge's most recent election campaign. The judge must:
- Disqualify herself in all cases involving that attorney
- Disqualify herself only if the contribution exceeded the applicable threshold (Correct answer)
- Take no action as campaign contributions are part of the democratic process
- Disclose the contribution but need not recuse absent other factors
Correct answer: Disqualify herself only if the contribution exceeded the applicable threshold
Disqualification based on campaign contributions is required only when the contribution exceeds a threshold amount established by rule that would cause a reasonable person to doubt impartiality.
Question 3: A judge serving on an appellate panel discovers after oral argument that she owns stock in one of the corporate parties. She must:
- Withdraw from the panel and recuse before the decision is issued (Correct answer)
- Proceed to decision since oral argument is complete and withdrawal would delay justice
- Sell the stock immediately and continue on the panel
- Disclose the ownership to co-panelists and continue only if they consent
Correct answer: Withdraw from the panel and recuse before the decision is issued
A judge who discovers a disqualifying financial interest must recuse at any point before the decision is issued, even after oral argument.
Question 4: A judge is contacted by a law professor who wants to include the judge's analysis of a pending case in an academic article. The judge may:
- Provide detailed analysis as academic communications are not considered public statements
- Decline to comment because the case is pending (Correct answer)
- Provide general procedural background but not substantive legal analysis
- Comment freely if the article will not be published until after the case concludes
Correct answer: Decline to comment because the case is pending
A judge must not make public statements about the merits of a pending case regardless of the academic or educational purpose of the communication.
Question 5: A state court judge is asked to join the board of a local legal aid organization that provides free civil representation to indigent clients. The judge may:
- Join the board only if she recuses in all cases involving legal aid clients
- Join the board because legal aid organizations are permitted nonprofits for judicial involvement (Correct answer)
- Join the board only in an advisory capacity without voting rights
- Not join the board because legal aid organizations regularly appear before courts
Correct answer: Join the board because legal aid organizations are permitted nonprofits for judicial involvement
Judges may serve on the boards of nonprofit organizations devoted to improving the law, the legal system, or the administration of justice, including legal aid organizations.
Question 6: A judge presiding over a class action settlement learns that the lead class counsel previously represented the judge in a personal injury matter that concluded three years ago. The judge should:
- Disqualify herself automatically because prior representation creates an irrebuttable conflict
- Disclose the prior representation and disqualify herself unless all parties waive (Correct answer)
- Take no action because the representation concluded more than two years ago
- Disqualify herself only if the prior representation involved the same subject matter
Correct answer: Disclose the prior representation and disqualify herself unless all parties waive
A prior attorney-client relationship with appearing counsel must be disclosed, and if the relationship was recent or significant, the judge should recuse absent waiver by all parties.
Question 7: A judge is asked to serve as an arbitrator in a commercial dispute between two private companies, for substantial compensation. The judge:
- May serve as arbitrator during vacation time as long as it does not interfere with judicial duties
- May not serve as a paid arbitrator while holding judicial office (Correct answer)
- May serve as arbitrator only if the state chief justice approves
- May serve as arbitrator but must donate the compensation to charity
Correct answer: May not serve as a paid arbitrator while holding judicial office
A sitting judge may not serve as an arbitrator or mediator for private compensation, as this constitutes the practice of law and is incompatible with judicial office.
MPRE Judicial Conduct 4
A judge is deciding a case that presents a constitutional question about a statute.
The governor who appointed the judge publicly states she expects the judge to uphold the statute.
The judge should: