Communicating with Difficult Judges NCADA Annual Spring Meeting

Transcription

1 Communicating with Difficult Judges NCADA Annual Spring Meeting Asheville, NC Friday June 17, 2016 Presented by: Jeff Kadis 2016 Hedrick Gardner North Carolina State Constitution ARTICLE IV - JUDICIAL Sec. 22. Qualification of Justices and Judges. Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Court, or Judge of District Court. Workers' Compensation Act North Carolina Industrial Commission created; members appointed by Governor; terms of office (a) There is hereby created a commission to be known as the North Carolina Industrial Commission, consisting of six commissioners who shall devote their entire time to the duties of the Commission. The Governor shall appoint the members of the Commission for terms of six years. Three commissioners shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employers. Three commissioners shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employees. 1

2 Workers' Compensation Act (cont ) Deputies with power to subpoena witnesses and to take testimony (b) The Chair of the Commission may appoint deputy commissioners to serve a term of six years. Deputy commissioners shall have the same power as members of the Commission pursuant to G.S and the same power to take evidence and enter orders, opinions, and awards based thereon as is possessed by the members of the Commission. Workers' Compensation Act (cont ) Standards of judicial conduct to apply to commissioners and deputy commissioners. The Code of Judicial Conduct for judges of the General Court of Justice and the procedure for discipline of judges in Article 30 of Chapter 7A of the General Statutes shall apply to commissioners and deputy commissioners. Conduct Preamble An independent and honorable judiciary is indispensable to justice in our society, and to this end and in furtherance thereof, this Code of Judicial Conduct is hereby established. A violation of this Code of Judicial Conduct may be deemed conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or willful misconduct in office, or otherwise as grounds for disciplinary proceedings pursuant to Article 30 of Chapter 7A of the General Statutes of North Carolina. No other code or proposed code of judicial conduct shall be relied upon in the interpretation and application of this Code of Judicial Conduct. 2

3 Canon 1 A judge should uphold the integrity and independence of the judiciary. A judge should participate in establishing, maintaining, and enforcing, and should personally observe, appropriate standards of conduct to ensure that the integrity and independence of the judiciary shall be preserved. Canon 2 A judge should avoid impropriety in all the judge's activities. A. A Judge should respect and comply with the law and should conduct himself/herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Canon 3 A judge should perform the duties of the judge's office impartially and diligently. A. Adjudicative responsibilities. (3) A judge should be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in the judge's official capacity, and should require similar conduct of lawyers, and of the judge's staff, court officials and others subject to the judge's direction and control. 3

4 Rules of Professional Conduct of the NC State Bar Preamble and Scope [12] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system, and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system. Questions? 4

5 Thank You! Jeff Kadis Charlotte (P) (F) Hedrick Gardner 5