A sampling of recent judicial ethics advisory opinions

  • If a judge has an honest, reasonable, and articulable basis to conclude that he should recuse from a case, his recusal does not violate his obligation to hear and decide matters. Maryland Request 2017-28.
  • An appellate justice is not required to disqualify from a matter when she is an acquaintance of leading members of associations that have filed an amicus curiae brief. California Oral Advice 2017-21.
  • A judge is disqualified if an attorney from a law firm in which his brother-in-law is a partner appears as counsel in a case, subject to remittitur. A judge may enter an agreed order appointing her cousin as a mediator as long as the parties initiated the selection of her cousin.  Florida Opinion 2017-20.
  • The administrative judge of a family law division may send letters of appreciation to attorneys who have served as volunteer pro bono guardians ad litem as long as the letters are general and are not signed by the judges who presided over the cases for which the representation was provided. The court may recognize attorneys who served as pro bono guardians ad litem as a group at a bar luncheon or similar function.  Florida Opinion 2017-23.
  • A judge may attend a free public conference on human trafficking and commercial sexual exploitation of children that will focus on identifying and assisting at-risk youth. New York Opinion 2017-146.
  • A judge may speak about landlord/tenant law at a free educational forum organized by elected officials, subject to general limitations on judicial speech. New York Opinion 2017-155.
  • A family court judge may personally solicit donations of artwork by children for display at the court from local teachers and/or children who have pending permanency hearings with the artist identified by first name or initials. New York Opinion 2017-152.
  • A judge should not use the internet to gather adjudicative facts or information about the activities or characteristics of a litigant or other participant in a matter unless the information is subject to proper judicial notice. ABA Opinion 478 (2017).
  • A judge’s repeated or unjustified tardiness in opening court sessions violates ethical rules and can lead to judicial discipline. If a recess is required to attend to other official business, a judge should as a best practice open court on time and communicate personally or through court staff to those in the courtroom when court will reconvene and the reasons for the recess.  North Carolina Formal Opinion 2017-2.
  • A judge may participate in a community parade but should consider whether the participation will adversely reflect on her independence, integrity, or impartiality based on the sponsor and purpose of the parade, should not appear with non-judicial candidates or elected officials in the parade or on their floats/vehicles, and should not permit any banner or signage displaying her name and office to appear on floats or vehicles of political parties, candidates, or officeholders. Ohio Opinion 2017-8.
  • On behalf of a non-profit legal clinic, a judge may send to attorneys a letter that states, “I encourage you to consider contacting [the named attorney at the clinic] (contact information below) or another such agency to discuss taking just one case in the coming months.” Maryland Request 2017-35.
  • A judge may accept an award from a local voluntary bar association at an annual gala that raises funds for scholarships for law students. Florida Opinion 2017-22.
  • Judges and court employees may not, as part of a county fund-raising drive, conduct meetings to solicit donations to United Way or post fliers promoting such donations in the courthouse. New Mexico Opinion 2017-4.
  • A judge who immediately resigned after learning that an investment club he joined was a for-profit entity is not required to self-report. New  York Opinion 2017-156.
  • A judge may not, in a “search for happiness and harmony,” write a newspaper article volunteering to travel anywhere in the state and, free of charge, “mediate any conflict, teach a law class, math or someone how to read, coach a sport, build or paint any fence, pull weeds, clean yards, or do anything that requires only time and effort to help a stranger.” New Mexico Opinion 2017-3.
  • An incumbent judge may appear in her robe in campaign photographs. A slate of judges may appear together in robes in a campaign photograph.  Maryland Request 2017-37.
  • A judge may appear in a video that will be used in her brother’s congressional campaign as long as she is not identified as a judge. Kansas Opinion 185 (2017).
  • A judge may not contribute to his spouse’s campaign for political office, but his spouse may contribute to her own campaign even from community property funds in a joint checking account, although the judge should urge her to create a separate account from which to contribute. New Mexico Opinion 2017-1.

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