judicial conflict of interest rules

A judge should not engage in any other political activity. (B) A child, stepchild, or adoptee (as defined in IC 31-9-2-2) of a public servant who is: In such cases, there is a risk of biased decision-making that could sacrifice the . (D) Time for Compliance. (R) "Impartiality" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge. Rule 1.8. (E) Relationship to Code of Judicial Conduct. The Code of Conduct for United States Judges includes the ethical canons that apply to federal judges and provides guidance on their performance of official duties and engagement in a variety of outside activities. See sections 140, 143, and 144 of this title. Historical Note 100.1 A judge shall uphold the integrity and independence . For example, in many jurisdictions, charitable hospitals are in court more often now than in the past. This Guide does not purport to cover all conflict-of-interest laws. Any additional payment is compensation. 51: Law Clerk Working on Case in Which a Party Is Represented by Spouse's Law Firm Nothing in this subparagraph shall prohibit a judge from being a speaker or guest of honor at a court employee organization, bar association or law school function or from accepting at another organization's fund-raising event an unadvertised award ancillary to such event; filed: Feb. 27, 1996; Feb. 9, 1998 eff. Pub. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. Code of Judicial Conduct - Supreme Court . 33.5, filed Feb. 2, 1982; amds. (3) A judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). (B) "Court personnel" does not include the lawyers in a proceeding before a judge. A judge should not act as an arbitrator or mediator or otherwise perform judicial functions apart from the judges official duties unless expressly authorized by law. November 12, 2021 . (h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge. . Code of Conduct for United States Judges | United States Courts Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. The duty to refrain from retaliation includes retaliation against former as well as current judiciary personnel. Jan. 1, 1996. Conflict Of Interest Code - judicial_council - California Courts Instead of withdrawing from the proceeding, a judge disqualified by Canon 3C(1) may, except in the circumstances specifically set out in subsections (a) through (e), disclose on the record the basis of disqualification. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges, including harassment and other inappropriate workplace behavior. Rule 2.11: Disqualification - American Bar Association (a) The following definitions apply throughout this section: (1) "Dependent" means any of the following: (A) The spouse of a public servant. A judge may participate in and serve as an officer, director, trustee, or nonlegal advisor of a nonprofit civic, charitable, educational, religious, or social organization, subject to the following limitations: (1) A judge should not serve if it is likely that the organization will either be engaged in proceedings that would ordinarily come before the judge or be regularly engaged in adversary proceedings in any court. All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. Canon 2B. RULE 1.8: CONFLICT OF INTEREST: CURRENT CLIENTS: SPECIFIC RULES (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (2) except as provided in the Conflict-of-Interest Rules for Part-time Magistrate Judges, should not practice law in the court on which the judge serves or in any court subject to that court's appellate jurisdiction, or act as a lawyer in a proceeding in which the judge has served as a judge or in any related proceeding. A candidate may not pay more than $250 for a ticket unless he or she obtains a statement from the sponsor of the dinner or function that the amount paid represents the proportionate cost of the dinner or function. (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. 4. This policy, adopted in 2006 by the Judicial Conference of the United States, is to be administered and directed by the circuit councils or by . (2) A judge should keep informed about the judges personal and fiduciary financial interests and make a reasonable effort to keep informed about the personal financial interests of the judges spouse and minor children residing in the judges household. March 21, 1996. Prohibited political activity shall include: (a) acting as a leader or holding an office in a political organization; (b) except as provided in Section 100.5(A)(3), being a member of a political organization other than enrollment and membership in a political party; (c) engaging in any partisan political activity, provided that nothing in this section shall prohibit a judge or candidate from participating in his or her own campaign for elective judicial office or shall restrict a non-judge holder of public office in the exercise of the functions of that office; (d) participating in any political campaign for any office or permitting his or her name to be used in connection with any activity of a political organization; (e) publicly endorsing or publicly opposing (other than by running against) another candidate for public office; (f) making speeches on behalf of a political organization or another candidate; (h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate; or. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. . A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers concerning a pending or impending proceeding, except: (a) Ex parte communications that are made for scheduling or administrative purposes and that do not affect a substantial right of any party are authorized, provided the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and the judge, insofar as practical and appropriate, makes provision for prompt notification of other parties or their lawyers of the substance of the ex parte communication and allows an opportunity to respond. (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the . A judge may represent the judges country, state, or locality on ceremonial occasions or in connection with historical, educational, and cultural activities. The Model Code of Judicial Conduct was adopted by the House of Delegates of the American Bar Association on August 7, 1990 and amended on August 6, 1997, August 10, 1999, August 12, 2003, February 12, 2007, and August 10, 2010. Amendment by Pub. A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. This paragraph does not preclude legitimate advocacy when age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status, or other similar factors are issues in the proceeding. A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice. . The restrictions so imposed include but are not limited to: (1) a prohibition against receiving honoraria (defined as anything of value received for a speech, appearance, or article), (2) a prohibition against receiving compensation for service as a director, trustee, or officer of a profit or nonprofit organization, (3) a requirement that compensated teaching activities receive prior approval, and (4) a limitation on the receipt of outside earned income., Canon 5: A Judge Should Refrain from Political Activity. PDF Oregon Code of Judicial Conduct - Oregon Courts Home Owning and receiving income from investments do not as such affect the performance of a judges duties. Gift Article. A judge may solicit funds for such an organization from judges over whom the judge does not exercise supervisory or appellate authority and from members of the judges family. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. A judges appointees include assigned counsel, officials such as referees, commissioners, special masters, receivers, guardians, and personnel such as law clerks, secretaries, and judicial assistants. 100.6 Application of the rules of judicial conduct. (a) the degree of relationship is calculated according to the civil law system; the following relatives are within the third degree of relationship: parent, child, grandparent, grandchild, great grandparent, great grandchild, sister, brother, aunt, uncle, niece, and nephew; the listed relatives include whole and half blood relatives and most step relatives; (b) fiduciary includes such relationships as executor, administrator, trustee, and guardian; (c) financial interest means ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other active participant in the affairs of a party, except that: (i) ownership in a mutual or common investment fund that holds securities is not a financial interest in such securities unless the judge participates in the management of the fund; (ii) an office in an educational, religious, charitable, fraternal, or civic organization is not a financial interest in securities held by the organization; (iii) the proprietary interest of a policyholder in a mutual insurance company, or a depositor in a mutual savings association, or a similar proprietary interest, is a financial interest in the organization only if the outcome of the proceeding could substantially affect the value of the interest; (iv) ownership of government securities is a financial interest in the issuer only if the outcome of the proceeding could substantially affect the value of the securities; (d) proceeding includes pretrial, trial, appellate review, or other stages of litigation. (iv) to the judges knowledge likely to be a material witness in the proceeding; (e) the judge has served in governmental employment and in that capacity participated as a judge (in a previous judicial position), counsel, advisor, or material witness concerning the proceeding or has expressed an opinion concerning the merits of the particular case in controversy. (ii) the parties or controversy in the proceeding. R. App. Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of the Election Law; (3) personally soliciting funds in connection with a partisan political purpose, or personally selling tickets to or promoting a fund-raising activity of a political candidate, political party, or partisan political club; or.

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