MPRE Judicial Conduct 5 — Questions and Answers
Question 1: A judge is assigned a complex patent case. She has no technical background in the relevant technology. The judge may:
- Appoint a technical advisor without informing the parties
- Consult with a law professor colleague who is an expert in patent law about the case facts
- Hire a technical expert as a court-appointed expert after disclosing this to all parties (Correct answer)
- Transfer the case to a judge with technical expertise without hearing argument
Correct answer: Hire a technical expert as a court-appointed expert after disclosing this to all parties
A judge may appoint a court expert to assist in understanding technical matters, but must do so in a transparent manner with notice to all parties.
Question 2: A judge makes a ruling from the bench in a custody dispute. The losing parent's attorney accuses the judge of bias against fathers. The judge should:
- Explain her reasoning to demonstrate she is not biased
- Address the accusation directly and threaten contempt if it continues
- Allow the accusation to stand in the record without response
- Note the objection on the record and proceed without personally responding to the allegation (Correct answer)
Correct answer: Note the objection on the record and proceed without personally responding to the allegation
A judge should maintain decorum and not personally engage in arguments about bias allegations; the appropriate remedy is appeal, not a judicial rebuttal.
Question 3: A judge who regularly adjudicates domestic violence cases volunteers on weekends for a nonprofit that advocates for domestic violence victims. This:
- Is permissible community service that does not affect judicial duties
- Creates an appearance of partiality in domestic violence cases and should be disclosed or avoided (Correct answer)
- Is permissible as long as the judge does not fundraise for the organization
- Is required community involvement under the Code of Judicial Conduct
Correct answer: Creates an appearance of partiality in domestic violence cases and should be disclosed or avoided
Involvement with an advocacy organization on one side of issues regularly before the judge creates an appearance of partiality requiring either recusal in related cases or cessation of the involvement.
Question 4: A newly appointed judge has a case pending before her that she worked on as a private attorney three years ago. She must:
- Disqualify herself because she personally participated in the matter as counsel (Correct answer)
- Continue if she no longer has any financial interest in the outcome
- Disclose the prior involvement and continue unless a party objects
- Continue because the three-year gap eliminates any appearance of partiality
Correct answer: Disqualify herself because she personally participated in the matter as counsel
A judge must disqualify herself in any proceeding in which she served as a lawyer while in private practice, regardless of how much time has passed.
Question 5: A judge learns through a private conversation with a friend that the friend's company, a defendant in a case before the judge, engaged in exactly the type of conduct alleged in the complaint. The judge should:
- Use this knowledge to reach the correct factual result
- Disclose the information to both parties and consider recusal (Correct answer)
- Recuse herself immediately without disclosing the source of information
- Continue the case but not rely on the private information in her decision
Correct answer: Disclose the information to both parties and consider recusal
A judge who has acquired personal knowledge of disputed facts in the proceeding must disclose this to the parties and should disqualify herself.
Question 6: During deliberations on a bench trial, a judge realizes she failed to consider a legal argument raised in the briefs. She may:
- Rule without considering the argument since oral argument is concluded
- Reopen the record sua sponte to allow additional briefing on the overlooked issue
- Request supplemental briefs from the parties on the issue before ruling
- Both B and C are permissible depending on the circumstances (Correct answer)
Correct answer: Both B and C are permissible depending on the circumstances
A judge may either reopen the record sua sponte or request supplemental briefing when a significant legal issue was not adequately addressed, as both approaches ensure a fair and fully considered decision.
Question 7: A judge's spouse is a lobbyist who is publicly advocating for legislation that would affect the type of cases the judge hears. The judge should:
- Require her spouse to change careers to avoid any appearance of conflict
- Disclose the spouse's lobbying activities and recuse in cases involving that legislation if enacted (Correct answer)
- Take no action because spouses are entitled to independent careers and political activity
- Recuse herself from all cases related to the subject matter of the legislation
Correct answer: Disclose the spouse's lobbying activities and recuse in cases involving that legislation if enacted
A judge need not restrict a spouse's lawful activities but should consider whether recusal is appropriate in cases where the spouse's activities create a reasonable appearance of partiality.
MPRE Judicial Conduct 5
A judge is assigned a complex patent case.
She has no technical background in the relevant technology.
The judge may: