judicial conflict of interest rules

(F) Service as Arbitrator or Mediator. Amended(B)(9)-(11) & (E)(f) -(E)(g) Feb. 14, 2006, Amended (E)(1)(e) & (F) on Dec. 12, 2018 effective January 1, 2019, Amended (D)(2) on May 7, 2019, effective May 6, 2019, Section 100.4 A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations. Otherwise, a judge should not personally participate in fund-raising activities, solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. As a judicial officer and a person specially learned in the law, a judge is in a unique position to contribute to the law, the legal system, and the administration of justice, including revising substantive and procedural law and improving criminal and juvenile justice. Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the society in which the judge lives. (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. 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: (Purchase hard copy), Annotated Model Code of Judicial Conduct, Third Edition. Pub. Application of the rules of judicial conduct. Amendment to page 19, which clarifies the Judicial Conduct Committee Investigation Office (JCIO) does not consider complaints about recusal as it relates to judicial decisions. (b) He shall also disqualify himself in the following circumstances: (1) A judge should avoid lending the prestige of judicial office to advance the private interests of the judge or others. Under the Act, a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. A judge pro tempore is a person who is appointed to act temporarily as a judge or as a special master. Canon 4A. (4) A judge shall manage the judge's investments and other financial interests to minimize the number of cases in which the judge is disqualified. If, however, the demands on the person's time and the possibility of conflicts of interest are not substantial, such a person may continue to act, without compensation, as an executor, administrator, trustee, or other fiduciary for the estate or person of one who is not a member of the person's family if terminating the relationship would unnecessarily jeopardize any substantial interest of the estate or person and if the judicial council of the circuit approves. (3) A full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity, except that: (a) the foregoing restriction shall not be applicable to a judge who assumed judicial office prior to July 1, 1965, and maintained such position or activity continuously since that date; and, (b) a judge, subject to the requirements of this Part, may manage and participate in a business entity engaged solely in investment of the financial resources of the judge or members of the judge's family; and. Appropriate action may also include responding to a subpoena to testify or otherwise cooperating with or participating in judicial or lawyer disciplinary proceedings; a judge should be candid and honest with disciplinary authorities. In a criminal proceeding, a victim entitled to restitution is not, within the meaning of this Canon, a party to the proceeding or the subject matter in controversy. Administrative Office of the United States Courts (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. (5)Practice of Law. Canon 3C(1)(d)(ii). 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. A person's knowledge may be inferred from circumstances. (4) A judge should comply with the restrictions on acceptance of gifts and the prohibition on solicitation of gifts set forth in the Judicial Conference Gift Regulations. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Thus, personal and private financial considerations on the part of governmental officials should not be allowed to enter the decision-making process. (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and a copy of such advice if the advice is given in writing and the substance of the advice if it is given orally, and affords the parties reasonable opportunity to respond. filed March 25, 1996 eff. (a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. Other relevant factors include the size and nature of the organization and the diversity of persons in the locale who might reasonably be considered potential members. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. filed Aug. 1, 1972; repealed, new added by renum. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. A judges assurance of confidentiality must yield when there is reliable information of misconduct or disability that threatens the safety or security of any person or that is serious or egregious such that it threatens the integrity and proper functioning of the judiciary. Canon 3A(4). (2) A judge or non-judge who is a candidate for public election to judicial office may participate in his or her own campaign for judicial office as provided in this section and may contribute to his or her own campaign as permitted under the Election Law. . (2) While acting as a fiduciary, a judge is subject to the same restrictions on financial activities that apply to the judge in a personal capacity. (E)Fiduciary Activities. Sec. Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the, Is known by the judge to have an interest that could be substantially affected by the outcome of the, Is to the judges knowledge likely to be a material witness in the, A judge should inform himself about his personal and. See Rules for Judicial-Conduct and Judicial-Disability Proceedings, Rule 4(a)(2) (providing that cognizable misconduct includes: (A) engaging in unwanted, offensive, or abusive sexual conduct, including sexual harassment or assault; (B) treating litigants, attorneys, judicial employees, or others in a demonstrably egregious and hostile manner; or (C) creating a hostile work environment for judicial employees) and Rule 4(a)(3) (providing that cognizable misconduct includes intentional discrimination on the basis of race, color, sex, gender, gender identity, pregnancy, sexual orientation, religion, national origin, age, or disability). All New York State judges are required to observe the high ethical standards set out in the Rules Governing Judicial Conduct.. filed: Feb. 27, 1996; Feb. 9, 1998 eff. . Amended 100.5 (A)(2)(v), (A)(4)(a), (A)(4)(d)(i)-(ii), (A)(4)(f), (A)(6), (A)(7) on Feb. 14, 2006, Deleted 100.5(A)(7) on May 7, 2019, effective May 6, 2019, Amended 100.5 (A)(4)(f) on January 13, 2020, effective January 31, 2020. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. If, following such disclosure of any basis for disqualification, the parties who have appeared and not defaulted and their lawyers, without participation by the judge, all agree that the judge should not be disqualified, and the judge believes that he or she will be impartial and is willing to participate, the judge may participate in the proceeding. A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. c/o General Counsel Oregon Code of Judicial Conduct (2013 Revision) Effective December 1, 2013 (This page intentionally left blank.) (D)Remittal of Disqualification. CANON 3 In so doing, a judge must not abuse the prestige of office to advance the interests of the judge or the judges family. (2) A judge may serve as an officer, director, active partner, manager, advisor, or employee of a business only if the business is closely held and controlled by members of the judges family. 2010 by the American Bar Association. (1) is not required to comply with sections 100.4(C)(1), 100.4(C)(2)(a), 100.4(C)(3)(a)(ii), 100.4(E)(1), 100.4(F), 100.4(G), and 100.4(H); (2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto; (3) shall not permit his or her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law, but may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law; (4) may accept private employment or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. A judge should not retaliate against those who report misconduct. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. (A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality* might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge* of facts that are in dispute in the proceeding. (2) there is a significant risk that the . The agreement should be incorporated in the record of the proceeding. Conflicts of interest are likely to continue arising, and every vote is crucial on the closely divided North Carolina Supreme Court, which now has a 4-3 Democratic majority. A judge may make recommendations to public and private fund-granting agencies about projects and programs concerning the law, the legal system, and the administration of justice. (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). Thurgood Marshall Federal Judiciary Building filed Aug. 1, 1972; renum. (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. Reliable information reasonably likely to constitute judicial misconduct or disability related to a chief circuit judge should be called to the attention of the next most-senior active circuit judge. Consistent with this Canon, a judge may encourage lawyers to provide pro bono legal services. Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in all Activities. (2) A judge should not give investment advice to such an organization but may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions. 208 with implementing regulations at 5 C.F.R. The agreement shall be incorporated in the record of the proceeding. Subject to the same limitations, judges may also engage in a wide range of non-law-related activities. A judge should not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism. filed Aug. 1, 1972; renum. Washington, D.C. 20544 (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. (Purchase hard copy or e-book). Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code. 953) a judge may express opposition to the persecution of lawyers and judges anywhere in the world if the judge has ascertained, after reasonable inquiry, that the persecution is occasioned by conflict between the professional responsibilities of the persecuted judge or lawyer and the policies or practices of the relevant government. L. 93512 substituted Disqualification of justice, judge, magistrate, or referee in bankruptcy for Interest of justice or judge in section catchline, reorganized structure of provisions, and expanded applicability to include magistrates and referees in bankruptcy and grounds for which disqualification may be based, and inserted provisions relating to waiver of disqualification. A judge is not required by this Code to disclose income, debts, or investments, except as provided in this Canon. (C) Judge's Staff. (P) "Rules"; citation. There is no due process, no rule of law, no justice without it. Finally, the Code is not intended to be used for tactical advantage. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. Whether an organization practices invidious discrimination is often a complex question to which judges should be sensitive. Historical Note (c) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves. Canon 3B(6). Rules of the Chief Administrative Judge. Canon 5. 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. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. A judge may comment publicly on proceedings in which the judge is a litigant in a personal capacity, but not on mandamus proceedings when the judge is a litigant in an official capacity (but the judge may respond in accordance with Fed. 100.3 A judge shall perform the duties of judicial office . Section 24 of title 28, U.S.C., 1940 ed., applied only to district judges. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. A judge shall so conduct the judge's extra-judicial . Canon 2C. See: JCUS-APR 73, pp. This requirement shall not apply to candidates for election to town and village courts. 100.5 A judge or candidate for elective judicial office shall . (1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties, and (2) any other matter covered by the conflict of interest rules of the appropriate government agency. Conflicts-of-interest, pdf laws are grounded on the notion that government officials owe paramount loyalty to the public.
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