Judicial Conduct Flashcards

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:

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.

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:

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.

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:

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.

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:

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.

A retired judge is asked to serve as a paid mediator in a private dispute. The former judge may:

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.

During a bench trial, a judge believes a key witness is being evasive. The judge may:

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.

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:

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.