Judicial Conduct Flashcards

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:

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.

An attorney appears before a judge and discloses that he contributed $500 to the judge's most recent election campaign. The judge must:

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.

A judge serving on an appellate panel discovers after oral argument that she owns stock in one of the corporate parties. She must:

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.

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:

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.

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:

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.

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:

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.

A judge is asked to serve as an arbitrator in a commercial dispute between two private companies, for substantial compensation. The judge:

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.