A sampling of recent judicial ethics advisory opinions

  • A judge presiding over a proceeding being conducted in parallel to multi-district federal litigation on the east coast may not accept reimbursement from the parties or their attorneys for travel, lodging, meals, and other expenses incurred in connection with the matter but must seek reimbursement from the courts following the policies and procedures and using the reimbursement rates approved by the Judicial Council. California Oral Advice Summary 2020-33.
  • Judges may preside over the swearing-in ceremonies for new assistant state’s attorneys in courtrooms during court hours. Maryland Opinion 2020-2.
  • A town or village justice court must not promote or favor mail-in pleas and/or plea bargaining over other options even to mitigate the effects of the COVID-19 outbreak or “collaborate” with prosecutors to develop procedures to process pleas on paper and establish a mail-in plea bargaining process for defendants charged with vehicle and traffic law infractions. A court may invite defense bar representatives and the prosecution to discuss procedures for handling mail-in pleas on traffic infractions and distribute a court-prepared form impartially listing all options for a defendant motorist and including a link to the district attorney’s website and/or email address as a convenience to defendants.  New York Opinion 2020-99
  • A letter to the judges in a district from a coalition of agencies seeking to assist tenants in eviction cases during the COVID-19 pandemic is not an ex parte communication that requires disclosure to opposing parties. The judges or their designee may meet with attorneys from those agencies to discuss scheduling and public health risks, but the judges should encourage other attorneys or interested parties to participate in the meeting as well.  Judges may not refer litigants to specific attorneys or groups but may tell an unrepresented litigant that they have a right to seek the assistance of counsel and that there are organizations that may assist them on a reduced or a no-fee basis.  Judges may not have a blanket rule that all continuances will be granted or denied in any type of case as requested by the coalition.  Judges may not provide information about available legal services with eviction summonses, but information about the coalition’s activities may be posted in a highly visible place near courtrooms and in other locations throughout the courthouse.  Nebraska Opinion 2020-1.
  • A judge may discuss pending or impending matters with other judges and court clerks at a magistrate’s association meeting in a confidential setting with no others present. When a judicial association’s email contact list includes individuals who are not judges or court personnel, a judge cannot assume emailed discussions would be confidential or private and must comply with generally applicable limitations on judicial speech.  New York Opinion 2020-38
  • Subject to generally applicable limits on judicial speech and conduct, a judge may publicly identify the strengths and weaknesses in recent bail reform legislation and suggest that the legislature seek additional comments or testimony to improve the law. New York Opinion 2020-42
  • A judge may not be involved in efforts to encourage the state legislature to ratify the Equal Rights Amendment. Utah Informal Opinion 2020-2
  • A judicial officer may not participate in “A Silent March of Black Female Attorneys of Connecticut” by meeting marchers on the steps of the Supreme Court and reading part of the state constitution even if he is not introduced, does not identify himself by name or title, does not wear a robe, does not permit his name or title to be used in advertising, does not elaborate on the constitutional provision, and does not speak with the media. Connecticut Informal Opinion 2020-3.
  • A judge may participate in a museum’s documentary film commemorating the passage of an amendment to the U.S. Constitution if the film will not be used for fund-raising. New York Opinion 2019-166
  • A judge may teach a law school course based on a now-concluded homicide trial in her jurisdiction only if the time for appeals is exhausted and no related matters are pending or reasonably foreseeable. In teaching the class, the judge may only use materials from the public record.  New York Opinion 2020-31
  • A judge may speak at a free elder abuse awareness conference sponsored by a not-for-profit home health care agency if the program is primarily educational and preventative in nature. New York Opinion 2020-44
  • A judge may volunteer as a disc jockey for a not-for-profit college radio station. New York Opinion 2020-49
  • A judge may not play the role of a judge in a theatrical performance to raise funds for her house of worship. New York Opinion 2020-57
  • A judge may not serve as stewardship co-chair for her house of worship. New York Opinion 2020-62
  • A judge may serve on the board of directors of a regional chapter of the Polish American Congress. New York Opinion 2020-71
  • A judge may not, as a member of a political party and without disclosing her judicial position, write to state or federal representatives or senators expressing her personal positions; attend meetings, rallies, or events for candidates for office; volunteer for candidates in any capacity at their office or in contact with the general public; canvass in other states to support candidates for national office or candidates for office in those other states; or engage in any similar efforts to support candidates for any political office. New York Opinion 2020-51

 

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s