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MPRE: Judicial Conduct

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Judicial Conduct

The framework

Judicial ethics questions are governed by the canons of judicial conduct: independence, impartiality, integrity, and the avoidance of impropriety and its appearance in all activities. A judge must uphold the law, perform duties competently and diligently, be patient and courteous, and maintain order and decorum in proceedings. A judge may not practice law, may not use the judicial office to advance private interests, and may not belong to organizations that practice invidious discrimination.

Ex parte contacts and recusal

Rule 2.9 restricts ex parte communications, allowing only ministerial, scheduling, or emergency matters, and requires the judge to disclose such communications and give the other side an opportunity to respond. A judge must disqualify herself when she has a personal bias or prejudice concerning a party or a party's lawyer, personal knowledge of disputed evidentiary facts, prior involvement as a lawyer or material witness, or a financial interest in the subject matter or a party. Remittal of disqualification by the parties' agreement is available in some circumstances; the judge need not step aside merely because a party moves for recusal.

Extrajudicial and political activity

A judge may write, speak, teach, and serve as a fiduciary in limited circumstances, but may not personally participate in fundraising, may accept only gifts that do not create an appearance problem, and is restricted in partisan political activity. Campaign committees may solicit contributions; the judge may not personally solicit or accept them, and may not make pledges inconsistent with impartiality.

Traps

Assuming every motion to recuse must be granted; forgetting that disclosure plus an opportunity to respond can cure an inadvertent ex parte contact; assuming judicial candidates may campaign like other politicians.

Worked example

A party mails the judge an unsolicited letter about the merits. The judge should not rely on it, must disclose it to the other side, and should allow a response.