MPRE Judicial Conduct 5

Question 1

A judge is assigned a complex patent case. She has no technical background in the relevant technology. The judge may:

Accepted Answer

Hire a technical expert as a court-appointed expert after disclosing this to all parties

Answer

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:

Accepted Answer

Note the objection on the record and proceed without personally responding to the allegation

Answer

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:

Accepted Answer

Creates an appearance of partiality in domestic violence cases and should be disclosed or avoided

Answer

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:

Accepted Answer

Disqualify herself because she personally participated in the matter as counsel

Answer

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:

Accepted Answer

Disclose the information to both parties and consider recusal

Answer

A judge who has acquired personal knowledge of disputed facts in the proceeding must disclose this to the parties and should disqualify herself.

MPRE Practice Test

MPRE Practice Test

MPRE Judicial Conduct 5