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IN THE MOST RECENT Judicial Conduct Reporter

Below are descriptions of the articles from the spring 2009 Judicial Conduct Reporter.

Judicial Ethics Advisory Committees by Cynthia Gray
Every case in which a judge presides requires a judge to consider whether disqualification is necessary, and every off-the-bench action requires a judge to consider whether there is a conflict with judicial obligations. A judge needs to evaluate, not only if conduct would violate a specific provision in the code of judicial conduct, but also whether it would create an appearance of impropriety. When faced with these ethical issues, judges benefit from the objective view of experienced colleagues.  To provide that guidance, 43 states, the District of Columbia, and the U.S. Judicial Conference have established judicial ethics advisory committees to which judges can submit inquiries regarding the propriety of contemplated future action under the code of judicial conduct.

Speaking to the Appropriate Audience
In general, judicial ethics advisory committees have encouraged judges to participate in a wide variety of educational programs. The advisory committees do qualify that permission to ensure that the judge’s teaching activities do not give rise to the perception that the judge is biased or has a predisposition to decide matters in a particular way.

Recent Judicial Ethics Advisory Opinions:  Bar and Judges' Associations.

Attending a Hearing with a Family Member.
Whether a judge may accompany a family member to a court hearing requires a balancing of two concerns.

Donations to Charitable Auctions.
Judicial ethics opinions advise that a judge may donate items to be auctioned at a charitable fund-raiser unless the judge is identified as the donor or the item involves the personal participation of the judge.