Model Code of Judicial Conduct Scope [1]-[2] (Am. Bar Ass’n 2010); Am. Bar Ass’n Ctr. for Prof’l Responsibility, Jurisdictional Adoption of Revised Model Code of Judicial Conduct, https://www.americanbar.org/groups/professional_responsibility/resources/judicial_ethics_regulation/map.html (last visited July 12, 2018).
All flashcards
72 cards
1What is the Model Code of Judicial Conduct (MCJC)?
2Does the MCJC include both Canons of Judicial Conduct and Rules of Judicial Conduct?
3Must a judge comply with both the law and the applicable code of judicial conduct?
4Under the MCJC, what is the meaning of the term independence?
5Under the MCJC, what is the meaning of the term integrity?
6Under the MCJC, what is the meaning of the term impartiality?
7Must a judge at all times act in a way that promotes public confidence in the independence, integrity, and impartiality of the judiciary?
8Under the MCJC, what are actual impropriety and the appearance of impropriety?
9Must a judge avoid both impropriety and the appearance of impropriety?
10To promote public confidence in the judiciary, should a judge participate in activities that promote legal professionalism, access to justice, and ...
11May a judge use her position to advance the personal or economic interests of herself or others?
12May a judge provide a reference or a recommendation for someone by using official judicial letterhead?
13May a judge provide information about a person’s professional qualifications to judicial-selection authorities?
14May a judge write for or contribute to a for-profit publication?
15Must a judge perform the duties of judicial office impartially, competently, and diligently?
16Must the duties of judicial office take priority over a judge’s personal and extrajudicial activities?
17Must a judge uphold and apply the law and perform all judicial duties fairly and impartially?
18Must a judge perform her duties without bias or prejudice and require court employees, court officials, and lawyers to do the same?
19Must a judge avoid being influenced by public opinion; by family, social, political, or financial interests; and by persons or organizations?
20Must a judge perform his duties competently and diligently and cooperate with other judges and court officials in doing so?
21Must a judge allow every person who has a legal interest in a proceeding to be heard?
22Does a judge have a responsibility to hear and decide the matters brought before her?
23Must a judge require order and decorum in court proceedings and require patience and courtesy of himself and of other court personnel?
24May a judge praise or criticize jurors for their verdict other than in a court order or judicial opinion?
25In general, may a judge comment on pending matters or on matters that might potentially come before the judge?
26If a judge supervises court officials, court staff, or other judges, what are her duties regarding the ethical behavior of those whom she supervises?
27In general, must a judge make administrative and other appointments without favoritism and without reference to whether an appointee has contribute...
28Must a judge take action if the judge reasonably believes that a lawyer or another judge is impaired due to drugs; alcohol; or a mental, emotional,...
29If a judge knows or receives information that another judge or a lawyer has violated, or might have violated, the ethical rules, must the judge tak...
30What are ex parte communications?
31If notice to a party is required to avoid an improper ex parte communication, to whom must that notice be provided?
32In general, may a judge engage in ex parte communications?
33Must a judge make reasonable efforts to ensure that court staff, court officials, and others do not violate the general rule against ex parte commu...
34May a judge obtain disinterested expert advice on the law that applies to a proceeding without violating the prohibition against ex parte communica...
35May a judge consult with court officials or court staff about a proceeding without violating the prohibition against ex parte communications?
36May a judge confer separately with the parties and their lawyers in connection with settlement efforts without violating the prohibition against ex...
37Aside from communications authorized by the MCJC, are ex parte communications sometimes authorized by law?
38If a judge inadvertently receives a prohibited ex parte communication, what must the judge do in response?
39May a judge independently investigate the facts in a matter?
40In general, must a judge disqualify herself from any proceeding in which her impartiality could reasonably be questioned?
41In general, should a judge reveal on the record any information that he believes the parties or their lawyers might reasonably view as relevant to ...
42In an emergency or other case of necessity, may a judge participate in a matter even if the judge would otherwise be disqualified?
43Must a judge disqualify himself from a proceeding if he has personal knowledge of any facts in dispute?
44Must a judge disqualify himself from a proceeding if he has a personal bias or prejudice regarding a party or a party’s lawyer?
45Must a judge disqualify herself from a proceeding if she knows that she or a close family member has an involvement or interest in the proceeding?
46Must a judge disqualify herself from a proceeding if she or a close family member has an economic interest in a proceeding?
47In general, must a judge disqualify himself from a proceeding if a party, a party’s lawyer, or the law firm of a party’s lawyer has contributed to ...
48Must a judge disqualify herself from a proceeding if she has made public statements, other than in a court proceeding or judicial opinion, that com...
49Must a judge disqualify herself from a proceeding if she has previously been involved in the matter as a lawyer, a witness, or a judge in another c...
50To ensure compliance with judicial disqualification requirements, must a judge keep informed about the financial interests of himself, his domestic...
51May the parties to a proceeding sometimes waive a judge’s disqualification?
52Must a judge conduct her personal and extrajudicial activities so as to minimize the risk of conflict with her judicial obligations?
53What general limitations does the MCJC place on a judge’s engagement in extrajudicial activities?
54What restrictions does the MCJC place on a judge’s voluntary appearance before or consultation with an executive or legislative body or official?
55In general, may a judge testify as a character witness for a party in a proceeding?
56May a judge accept an appointment to a nonlegal governmental committee, board, commission, or other governmental position?
57Under the MCJC, what is the meaning of the term nonpublic information?
58May a judge intentionally use or disclose nonpublic information obtained in the course of his judicial duties for any nonjudicial purpose?
59May a judge be a member of, or use the benefits or facilities of, any organization that practices invidious discrimination based on race, sex, gend...
60May a judge participate in the activities of governmental or nonprofit law-related, educational, religious, charitable, fraternal, or civic organiz...
61May a judge accept fiduciary appointments other than those related to the judge’s family members?
62In general, may a judge act as an arbitrator or mediator or perform judicial functions apart from the judge’s own judicial duties?
63In general, may a judge practice law?
64May a judge hold and manage investments of herself and her close family members?
65In general, may a judge serve as an officer, director, manager, general partner, advisor, or employee of any business entity?
66May a judge accept reasonable compensation for extrajudicial activities?
67In general, may a judge accept gifts, loans, benefits, or other things of value if doing so would cause a reasonable person to question the judge’s...
68Under the MCJC, what gifts or other items may a judge accept without publicly reporting them?
69Under the MCJC, what gifts, benefits, or other things of value must a judge report publicly?
70Under the MCJC, what gifts or other items may a judge accept subject to the public-reporting requirements of the MCJC?
71In general, may a judge accept reimbursement from someone other than the judge’s employing entity of necessary and reasonable travel or attendance ...
72May a judge or a candidate for judicial office engage in political or campaign activity that is inconsistent with the independence, integrity, or i...
All flashcards
72 cards