Proposed Revisions to Canon 3B(9) of the Massachusetts Code of Judicial Conduct

An Ad Hoc Advisory Committee to Study Canon 3B(9) of the Code of Judicial Conduct appointed by the Massachusetts Supreme Judicial proposed a revised version of Canon 3B(9) that would permit a judge “at any time” to “supplement the court record by a written memorandum explaining his or her reasons for judicial action. For example, to educate the public, if he or she deems it appropriate, a judge may choose to issue a written memorandum in order to articulate in greater detail the rationale for the judge’s action at the time that action was taken, but the general obligation not to consider ex parte communications still applies.” Although sympathetic to a judge subject to unfair attacks in the media, the American Judicature Society does not support the proposed revision.

Click here for the comments filed on behalf of AJS

Click here for a copy of the Majority’s Memorandum of Observations, including the Proposed Revisions to Canon 3B(9) of the Code of Judicial Conduct.

Click here for the Separate Statement by Hon. Jay Blitzman

Click here for the Separate Statement of Professor Andrew Kaufman