A sampling of recent judicial ethics advisory opinions

  • A judge may not communicate ex parte with a county attorney about an arrestee’s criminal record for the purpose of setting an appearance bond when the courts are closed over the weekend and holidays.  Nebraska Opinion 2019-1.
  • A judge is not disqualified from a criminal matter because the defendant, a self-identified sovereign citizen, is attempting to file a fraudulent lien against her and has threatened to accuse her of treason if she does not protect what the defendant perceives as his rights.  New York Opinion 2019-81.
  • A judge is not disqualified from a criminal trial in which the state’s witness was the petitioner and the defendant was the respondent in a prior protective order proceeding over which the judge presided.  Maryland Opinion Request 2019-22.
  • A judge may wear a judicial robe while attending a retirement ceremony for another judge held in a courtroom.  Virginia Opinion 2019-2.
  • A judge may not provide a reference for a former law clerk or any attorney on the attorney rating web-site Avvo.  Maryland Opinion Request 2019-24.
  • A town court justice may not meet privately with the town comptroller and town board members to explain an apparent decrease in revenue generated by the court but may explain the amount of fines and fees collected and the court’s budgetary needs at a board meeting or public forum.  New York Opinion 2019-63.
  • An appellate judge with administrative or supervisory responsibilities who concludes that a trial court judge contacted the judges participating in an appeal to attempt to influence the outcome of the case must ensure that the incident is reported to the State Commission on Judicial Conduct and must direct that the improper communication be disclosed to appellate counsel in the case.  New York Opinion 2018-157.
  • Magistrate judges should not host a radio talk show on sports law, new laws, amendments to existing laws, opinions from the Supreme Court, and court procedures even if they would not be paid; the show will be taped and edited, not live; the judges will control the topics and narratives; and the judges will not take questions from callers.  South Carolina Opinion 10-2019.
  • A judge may serve as executor/trustee of a friend’s will/trust and as guardian of the friend’s child if the friend and the judge have a long and involved relationship that appears to be more than a mere friendship and is more akin to a close familial relationship.  Washington Opinion 2019-4.
  • With conditions, a judge’s spouse may volunteer as a court-appointed special advocate in the judicial district in which the judge presides and advocate on behalf of children in the juvenile court system and domestic violence protection order cases in which the judge is not presiding.  Wyoming Opinion 2019-1.
  • A judge may be the plenary speaker at a non-fund-raising event sponsored by a not-for-profit homelessness services network and speak about religious and spiritual issues, mental illness, drug and alcohol addiction, and progress in community responses to homelessness if the judge will not address funding or government support for the homeless.  New York Opinion 2019-73.
  • A judge may serve as officer or director of a bar foundation that provides financial aid to attorneys in personal and professional crisis and may, unless the attorney asks the judge to recuse himself, preside in matters involving attorneys receiving assistance if the judge’s contacts with the attorneys are relatively minimal and occur exclusively through a liaison who presents the case to the board.  New York Opinion 2019-55.
  • A judicial officer may attend, at no cost for him and his guest, a private testimonial dinner in honor of his retirement from the executive committee of an Inn of Court after nearly 20 years, but the judge must report the total cost of their meals.  A judge may allow the Inn of Court to establish a student achievement award in his name and may accept a framed commemoration of the award.  California Opinion Summary 2019-30.
  • A judge may not present an award to a friend being recognized as a community leader at a fund-raising event for a non-profit civic organization.  Florida Opinion 2019-20.
  • A judge may contribute to a local historical society that is raising funds for a portrait of a former mayor who remains active in local government.  Florida Opinion 2019-21.
  • A judicial candidate is not obligated to disavow a misstatement about an opponent by a third-party or PAC unless the misstatement involves a substantive, significant fact and not an opinion, the misstatement must be false or a material misrepresentation, and the candidate knows about the statement and its falsity.  The obligation to disavow is met by the timely issuance of a press release to all area news media and a prompt letter notifying the third party or PAC it to immediately stop running the statement.  West Virginia Opinion 2019-15.

 

 

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