A sampling of recent judicial ethics advisory opinions

  • A judge presiding over a civil matter involving allegations that a non-party minor committed sexual abuse should not solicit an attorney to represent the minor pro bono during a deposition to protect his right against self-incrimination and should not direct the parties’ attorneys to solicit such representation. New York Opinion 2017-114.
  • A court may establish a self-help center to provide legal assistance to persons of limited means who otherwise would not be represented and may appoint and compensate lawyers as independent contractors for the center to provide limited scope representation that does not include representation before the court. Ohio Opinion 2017-7.
  • A municipal court may house a customer service kiosk purchased by the city that asks, “Was our staff professional and courteous?” and allows users to select 1 to 4 “smiley” faces to indicate their level of satisfaction. South Carolina Opinion 13-2017.
  • The supreme court justices who are named as defendants are required to recuse themselves from a case filed by an inmate, but the other justices may hear the case. Utah Informal Opinion 2017-2.
  • Absent a relationship between the judge and a former law clerk that would otherwise require the judge to recuse, a judge is not required to disclose that a lawyer in a case is a former law clerk. Maryland Opinion Request 2017-21.
  • A judge may permit a court attorney to raise funds to offset the costs of an international adoption through fund-raisers away from the courthouse during non-working hours and to use personal social media accounts to promote the fund-raisers. The judge may attend and make contributions from her personal funds but may not assist with any solicitation.  New York Opinion 2017-68.
  • A judge’s wife may chair a motorcycle poker run to raise funds for Alzheimer’s research and treatment, and the judge may ride in the event if he does not help plan it or solicit donations. West Virginia Advisory Opinion 2017-11.
  • A judge may not participate in a “dancing with the stars” fund-raiser for United Way in which people pay $5 to vote for their favorite dancer. West Virginia Opinion 2017-15.
  • A judge may sing in a band that plays without compensation at fund-raisers for law-related organizations, non-fund-raising events, or private parties hosted by or honoring lawyers if the judge would disqualify herself from cases involving those lawyers because of personal friendship but may not sing at political fund-raisers, fund-raisers for non-law-related organizations, or private parties hosted by or honoring other lawyers who are reasonably likely to appear before her. A judge may not as an independent contractor sing in a band that performs for a fee even if she declines her share.  Massachusetts Letter Opinion 2017-4.
  • A judge may speak to community groups about the Constitutional Revision Commission as part of a Florida Bar-sponsored “Protect Florida Democracy” program. Florida Opinion 2017-15
  • A judge may not participate in a “Call to Service and Compassion Workshop” to honor child abuse victims and survivors hosted by a child advocacy center. New York Opinion 2017-108.
  • With conditions, a new judge may complete his terms as a member of the board of directors of a county bar association and of the executive board of the state bar association. Massachusetts Letter Opinion 2017-3

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