Judicial Ethics Advisory Opinions Summaries Index Through December

Transcription

1 Judicial Ethics Advisory Opinions Summaries Index DECISION-MAKING Through December Washington Advisory Opinion 03-9 (following policy adopted by presiding judge about continuances in criminal cases) (6/03) Washington Advisory Opinion 03-2 (complying with appellate court decision) (6/03) COURT MANAGEMENT Alabama Advisory Opinion (bar association paying salary of judge s research assistant) (10/03) Alabama Advisory Opinion (salaries of court attendants and/or administrative assistant being paid to court administrator by bar foundation) (12/03) South Carolina Advisory Opinion (judge whose daughter is municipal court clerk and son-in-law is chief of police presiding in municipal court) South Carolina Advisory Opinion (sales commission for handling foreclosure sale) (12/03) South Carolina Advisory Opinion (fees for performing marriage) (12/03) Washington Advisory Opinion (presiding over probation revocation hearing in absence of prosecuting attorney) (10/03) Washington Advisory Opinion (court administrator calling calendar) (10/03) APPOINTMENTS/REFERRALS Alabama Advisory Opinion (retaining spouse as official court reporter after marriage) Arkansas Advisory Opinion 03-3 (circuit judges appointing part-time district judge to perform duties at county jail) (6/03)

2 Florida Advisory Opinion (appointing psychologist to whom judge was engaged ten years ago) (12/03) Massachusetts Advisory Opinion 03-4 (spouse is employed by non-profit agencies that serve the disabled; cases in which litigant is employee of or individual served by agencies; attorney is from law firm that is agencies corporate counsel or on board; making referrals to agencies; agency employee is substantive witness or keeper of records witness) (4/03) Ohio Advisory Opinion 03-7 (appointing attorney who represents criminal defendants to serve as special prosecutor) (12/03) West Virginia Advisory Opinion (September 2, 2003) (appointing magistrate s daughter to work part-time in magistrate clerk s office) (10/03) EX PARTE COMMUNICATIONS Maryland Advisory Opinion (consideration of home study or custody investigation) (8/03) Massachusetts Advisory Opinion (responding to letter from complaining witness) (12/03) STAFF ISSUES -- COMMUNITY ACTIVITIES Kansas Advisory Opinion 112 (2003) (judge and court employees volunteering at soup kitchen) (4/03) South Carolina Advisory Opinion (judicial law clerk volunteering with community juvenile arbitration program) (12/03) STAFF ISSUES -- POLITICAL ACTIVITY Arizona Advisory Opinion 03-5 (signing nominating petitions for non-judicial candidates; spouse or other family member circulating nominating petitions for candidates, working on non-judicial political campaign, and holding office in political party or organization; member of precinct committee becoming candidate for judicial office; member of judge s personal staff serving as officer in political club or organization) (12/03) 2

3 STAFF ISSUES -- OTHER EMPLOYMENT Arizona Advisory Opinion 03-7 (working as certified legal document preparer) (12/03) New Mexico Advisory Opinion 03-1 (court administrator receiving referrals from court for traffic safety instruction) (10/03) Washington Advisory Opinion (part-time law clerk sitting as pro tempore judge or court commissioner) (8/03) West Virginia Advisory Opinion (April 1, 2003) (assistant working part-time as dispatcher clerk for police department) (6/03) DISQUALIFICATION -- FAMILY RELATIONSHIP TO CASE, PARTY, OR ATTORNEY (NOT AS ATTORNEY) Alabama Advisory Opinion (judge, as fiduciary, or close relative of judge has interest that may be substantially affected by outcome of case) (10/03) Alabama Advisory Opinion (former partner of judge s police officer brother) (12/03) Florida Advisory Opinion 03-8 (spouse is child victim specialist in state attorney s office) (10/03) Florida Advisory Opinion (law firm employing judge s niece as summer associate; law firm that has employed judge s brother s accounting firm as expert witness) (12/03) Illinois Advisory Opinion 03-3 (relative within third degree of relationship is sued in capacity as government official) (12/03) Kansas Advisory Opinion JE-113 (2003) (brother is local chief of police) (12/03) Massachusetts Advisory Opinion 03-4 (spouse is employed by non-profit agencies that serve the disabled; cases in which litigant is employee of or individual served by agencies; attorney is from law firm that is agencies corporate counsel or on board; making referrals to agencies; agency employee is substantive witness or keeper of records witness) (4/03) 3

4 Nebraska Advisory Opinion 03-2 (adult child is employed by business partly owned by attorney) (8/03) Nebraska Advisory Opinion 03-3 (spouse is member and vice president of school board) (12/03) Nevada Advisory Opinion 03-1 (spouse is expert witness) (4/03) DISQUALIFICATION -- ATTORNEY-RELATIVE HAS RELATIONSHIP TO ATTORNEY, PARTY, OR CASE Alabama Advisory Opinion (brother s law partner) Alabama Advisory Opinion (post-trial matters concerning jail inmates who were represented by nephew at trial) Nevada Advisory Opinion JE03-3 (deputy district attorneys supervised by spouse) (12/03) DISQUALIFICATION STAFF RELATIONSHIP Alabama Advisory Opinion (post-divorce modification involving firm that employs judge s former law clerk who worked on prior related proceedings) (6/03) Alabama Advisory Opinion (law librarian/security receptionist serves as joint employee of district attorney s and judges offices) (10/03) Louisiana Advisory Opinion 187 (2003) (law clerk s spouse or partner or associate of spouse) (10/03) DISQUALIFICATION ATTORNEY REPRESENTING JUDGE Kentucky Advisory Opinion JE-103 (2003) (judge s attorney in lawsuit, opponent s attorney, co-defendant s lawyer, members of their law firms) (10/03) West Virginia Advisory Opinion (June 5, 2003) (attorney retained by judge s homeowner s association) (10/03) 4

5 DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO ATTORNEY Alabama Advisory Opinion (attorney who is referee appointed by judge to assist on regular basis with child support cases) (6/03) Alabama Advisory Opinion (retired judge hearing case involving member of law firm representing party in case judge is mediating) (6/03) Florida Advisory Opinion (attorney was member of judge s re-election committee) (12/03) Nebraska Advisory Opinion 03-1 (dating attorney in public defender s office) Washington Advisory Opinion 03-6 (attending training seminar taught by practicing attorneys; disqualification) (6/03) Washington Advisory Opinion (pro tempore or court commissioner appearing before bench on which he or she served; part-time juvenile court commissioner appear on juvenile matters and civil matters; disclosure that attorney is occasionally asked to handle the civil motion calendar) (12/03) West Virginia Advisory Opinion (September 2, 2003) (attorney who shares office space with judge s former husband and law partner) (10/03) DISQUALIFICATION ATTORNEY IS TENANT Virginia Advisory Opinion 03-2 (attorneys who sub-lease office building owned by judge) (6/03) West Virginia Advisory Opinion (March 17, 2003) (attorney subleases space in building owned by judge s spouse) (6/03) DISQUALIFICATION FORMER LAW PARTNER; CLIENT Alabama Advisory Opinion (former law partner had office conference with party regarding matter in controversy) (4/03) South Carolina Advisory Opinion 8-03 (fees for legal work performed prior to ascension 5

6 to bench; former partner) (6/03) West Virginia Advisory Opinion (May 7, 2003) (former clients) (6/03) DISQUALIFICATION FORMER PROSECUTOR OR PUBLIC DEFENDER Illinois Advisory Opinion 03-2 (defendant judge prosecuted as assistant state s attorney or defended as public defender) (6/03) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO PARTY Alabama Advisory Opinion (assistant district attorney assigned to court is party) (6/03) West Virginia Advisory Opinion (May 26, 2003) (prosecuting attorney when murder occurred) (10/03) DISQUALIFICATION MISCELLANEOUS Alabama Advisory Opinion (county commission provides funds to pay salaries of court employees who had been scheduled for lay-off) (12/03) Alabama Advisory Opinion (municipal judge hearing charge involving alleged assault of former city employee by current city employee at city hall) (12/03) Illinois Advisory Opinion 03-5 (rule of necessity) (12/03) DISCIPLINARY RESPONSIBILITIES/REPORTING CRIMES Arizona Advisory Opinion 03-3 (12/03) Illinois Advisory Opinion 03-4 (state s attorney threatens to file substitution of judge motions in every criminal case unless judge increases sentence) (12/03) Maine Advisory Opinion 03-3 (reporting information that indicates that personal representative of estate has diverted estate assets to own use) (12/03) Massachusetts Advisory Opinion (reporting phone call from attorney about divorce proceedings) (12/03) 6

7 Nebraska Ethics Advisory Opinion 03-4 (reporting attorney misconduct alleged by court staff) (12/03) COMMUNITY ACTIVITIES SERVICE ON BOARDS, ETC. Alabama Advisory Opinion (judge on Court of the Judiciary serving on boards of bank, university foundation, and university museum) (6/03) Florida Advisory Opinion 03-7 (hospital ethics committee) (10/03) Florida Advisory Opinion (criminal justice and delinquency council) (12/03) Florida Advisory Opinion (board of trustees of community college) (12/03) Florida Advisory Opinion (board of directors of public policy institute) (12/03) Louisiana Advisory Opinion 186 (2003) (Volunteers of American, Inc.) (10/03) Massachusetts Advisory Opinion (trustee for non-profit private school) (12/03) New Jersey Advisory Opinion 2-01 (member of advisory board for training program for drug abusing parents who are court involved) New Jersey Advisory Opinion (serving on advisory board for the Kids Instructed in Tolerance through Education and Support Program) Virginia Advisory Opinion 03-3 (board of directors of non-profit corporation that assists and educates members of legal profession who suffer from chemical dependency) (8/03) West Virginia Advisory Opinion (February 14, 2003) (board of project that helps rural communities recruit health care professionals) (6/03) COMMUNITY ACTIVITIES GOVERNMENT COMMISSIONS Alabama Advisory Opinion (juvenile justice fund committee) (12/03) Arkansas Advisory Opinion 03-2 (state commission on child abuse, rape and domestic violence) (6/03) Kansas Advisory Opinion JE-114 (2003) (advisory committee reviewing contract design for adoption and foster care privatization request for proposal process) (12/03) 7

8 Louisiana Advisory Opinion 188 (2003) (board of trustees of state employees retirement system) (10/03) Maine Advisory Opinion 03-4 (board of directors of multi-county jail authority) (12/03) Massachusetts Advisory Opinion (law enforcement education and training and the re-entry and post-release supervision subcommittees of Governor s Commission on Criminal Justice Innovation) (12/03) Massachusetts Advisory Opinion (member of advisory committee in connection with planning grant for state Department of Public Health to undertake strategic planning regarding the delivery of services to children) (12/03) Massachusetts Advisory Opinion (governor s commission on corrections reform) (12/03) New Jersey Advisory Opinion 5-01 (board of foundation that is outgrowth of minority concerns committee) Ohio Advisory Opinion 03-9 (judicial corrections boards for community-based correctional facilities and programs) (12/03) South Carolina Advisory Opinion (coalition to help create public awareness and outreach campaign to address gun violence) South Carolina Advisory Opinion (advisory board for city s recreation department) (12/03) South Carolina Advisory Opinion (task force on over-crowding in county detention center) (12/03) COMMUNITY ACTIVITIES INVOLVEMENT IN FUND-RAISING EVENTS Alabama Advisory Opinion (chair of American Heart Association Jail Bail for Heart campaign) Florida Advisory Opinion (providing goods to voluntary bar association s fundraising event for sale or auction; performing at fund-raising event) (12/03) 8

9 Massachusetts Advisory Opinion 03-7 (appearing in video at fund-raising dinner or sending a letter to be read aloud thanking attorney) (6/03) Nebraska Advisory Opinion 03-5 (organizing committee for bar association fund-raiser) (12/03) New Jersey Advisory Opinion (participating in charity tennis tournament) South Carolina Advisory Opinion (honorary member of Trial Lawyers of America) (12/03) COMMUNITY ACTIVITIES OTHER INVOLVEMENT IN FUND- RAISING Arizona Advisory Opinion 03-2 (educational program that allows participants to wear judicial robes, sit behind the bench, swear in witnesses, and inform the audience to be seated; other educational programs that bring students and other members of the community into the courthouse; soliciting funds from civil organizations for court-related educational programs) (8/03) Florida Advisory Opinion 03-5 (not-for-profit organization soliciting funds for scholarship named for judge) (6/03) Florida Advisory Opinion (soliciting funds on behalf of law school alumni association from fellow judges; publishing results of solicitation) (12/03) South Carolina Advisory Opinion (part-time municipal judge signing letter from bar association seeking donations for portrait of retiring circuit court judge) Washington Advisory Opinion 03-3 (using judicial title when writing letters of support for teen traffic school) (6/03) COMMUNITY ACTIVITIES ATTENDING NON-FUND-RAISING EVENTS New Jersey Advisory Opinion (attending annual county Mayors Prayer Breakfast) New Jersey Advisory Opinion (attending Anti-Defamation League Women of Achievement Awards dinner) 9

10 New Jersey Advisory Opinion (attending community dinner to establish and strengthen relationship between the Islamic community and New Jersey communities) New Jersey Advisory Opinion (attending county Hispanic Bar Association s holiday reception held at law office) New Jersey Advisory Opinion (attending holiday party given by and for township employees) New Jersey Advisory Opinion (attending event at U.S. military facilities at the invitation of the New Jersey Committee for Employer Support of the Guard and Reserve) New Jersey Advisory Opinion 8-01 (participating in vigil in conjunction with celebrating one millionth child served by CASA programs) New Jersey Advisory Opinion (attending foundation birthday party where only men are invited) New Jersey Advisory Opinion (attending mediators peer consultation group dinner) New Jersey Advisory Opinion (attending state trial attorneys awards banquet where partner in former law firm will be recipient) New Jersey Advisory Opinion (attending Islamic Festival of the Breaking of the Fast and receiving certificate in recognition of multi-cultural sensitivity) New Jersey Advisory Opinion 7-02 (attending dinner celebrating 90th anniversary of county Girl Scout Organization) New Jersey Advisory Opinion 9-02 (attending, being speaker at, or receiving award at fund-raising awards dinner of county NAACP) New Jersey Advisory Opinion (attending, receiving plaque, or giving speech at annual dinner of county commission on status of women) COMMUNITY ACTIVITIES OTHER INVOLVEMENT Alabama Advisory Opinion (signing and/or presenting to county commission request that sheriff s department chaplain be made merit system employee) (10/03) 10

11 Arizona Advisory Opinion 03-4 (serving as safety officer for volunteer fire department) (12/03) Florida Advisory Opinion 03-1 (serving in leadership capacity to implement nonpartisan, citizen-developed recommendations regarding race relations) (6/03) Florida Advisory Opinion (promoting the appointment of public guardian) (12/03) Kansas Advisory Opinion 112 (2003) (judge and court employees volunteering at soup kitchen) (4/03) Maine Advisory Opinion 03-2 (likeness in brochure for children s home) (8/03) New Jersey Advisory Opinion (hosting county bar association meeting at home) New Jersey Advisory Opinion (taking part as presenter of unsung heroes awards at church) New Mexico Advisory Opinion 03-2 (program for public television) (10/03) South Carolina Advisory Opinion (attending press conference called by mayor to highlight criminal domestic violence court) (12/03) Washington Advisory Opinion 03-7 (visiting correctional and other types of institutions) (6/03) West Virginia Advisory Opinion (November 10, 2003) (responding, as president of university alumni association, to open letter published in newspaper) (12/03) Wisconsin Advisory Opinion 02-1 (serving as mentor to juvenile who has been diverted into alternative program) COMMUNITY ACTIVITIES AWARDS Massachusetts Advisory Opinion 03-1 (accepting award from chamber of commerce at non-fund-raising luncheon) (4/03) New Jersey Advisory Opinion 1-01 (accepting award and speaking at multi-cultural conference) New Jersey Advisory Opinion 6-01 (receiving Woman of Distinction Award from county chapter of National Association of Negro Business and Professional Women s Clubs) 11

12 New Jersey Advisory Opinion (accepting New Jersey Division of American Association of Marriage and Family Therapy award) New Jersey Advisory Opinion 1-02 (inducted into county women s hall of fame) New Jersey Advisory Opinion 2-02 (honored at Executive Women of New Jersey s Salute to the Policy Makers fund-raising dinner) New Jersey Advisory Opinion 5-02 (receiving achievement award given by Hispanic Bar Association of New Jersey at non-fund-raising gala) New Jersey Advisory Opinion 9-02 (attending, being speaker at, or receiving award at fund-raising awards dinner of county NAACP) New Jersey Advisory Opinion (attending, receiving plaque, or giving speech at annual dinner of county commission on status of women) New Jersey Advisory Opinion (attending and receiving recognition for service to the local Lions Club at banquet sponsored by Club; receiving recognition for judicial appointment) New Jersey Advisory Opinion (receiving community justice award for outstanding achievements within community during the judge s tenure as county prosecutor) COMMUNITY ACTIVITIES LEGISLATION Massachusetts Advisory Opinion 03-6 (discussing information relating to case load and budget with governor s legal counsel and legislators) (4/03) BAR ASSOCIATION ACTIVITIES Florida Advisory Opinion 03-2 (executive council of trial lawyers section of state bar; chairing state bar committees; member of American Board of Trial Advocates; real estate partnership that owns building rented by former law firm; payment from former law firm for interest in firm) (6/03) Massachusetts Advisory Opinion 03-5 (council that establishes policies and supervises direction and management of bar association) (4/03) Massachusetts Advisory Opinion (Council of Boston Bar Association) (12/03) FINANCIAL ACTIVITIES 12

13 Maryland Advisory Opinion 03-1 ($50 gift certificate from attorney to whom cases were referred during winding up of law practice; collection of fees) (8/03) Ohio Advisory Opinion 03-6 (refereeing soccer games for non-profit soccer organization and receiving compensation) (12/03) South Carolina Advisory Opinion 8-03 (fees for legal work performed prior to ascension to the bench in installment payments through trust account established in settlement; former partner) (6/03) South Carolina Advisory Opinion 9-03 (referring persons as members to non-profit fraternal benefit society and receiving compensation for doing so) (8/03) South Carolina Advisory Opinion (owning home-based printing business) (8/03) Washington Advisory Opinion 03-4 (reimbursement for expenses for speaking at specialized bar association annual convention) (6/03) West Virginia Advisory Opinion (March 10, 2003) (employment at supermarket) (6/03) FINANCIAL ACTIVITIES REAL ESTATE Florida Advisory Opinion 03-2 (executive council of trial lawyers section of state bar; chairing state bar committees; member of American Board of Trial Advocates; real estate partnership that owns building rented by former law firm; payment from former law firm for interest in firm) (6/03) Louisiana Advisory Opinion 191 (2003) (leasing land and/or buildings to non-profit corporation that provides free legal representation within judge s territorial jurisdiction) (12/03) South Carolina Advisory Opinion (non-controlling interest in limited liability corporation that will own bar and grill and shares in hotel that has bar) (4/03) Wisconsin Advisory Opinion 02-2 (leasing office space to lawyer likely to appear before judge; sharing services of employee with lawyer who is likely to appear before judge) (4/03) FIDUCIARY 13

14 Florida Advisory Opinion (serving as trustee for irrevocable trust set up for judge s former father-in-law s wife) (12/03) Massachusetts Advisory Opinion 03-2 (acting as trustee of irrevocable trust created to hold investments and facilitate estate planning for parents) (4/03) Massachusetts Advisory Opinion 03-3 (co-executor of estate of lifelong family friend) (4/03) New Jersey Advisory Opinion (serving as executor of mother s estate and in that capacity renewing liquor license) New Jersey Advisory Opinion (serving as trustee of educational trust fund and giving power of attorney to medical center) GIFTS Florida Advisory Opinion (free golf membership from close family friend) (12/03) Maryland Advisory Opinion 03-1 ($50 gift certificate from attorney to whom cases were referred during winding up of law practice; collection of fees) (8/03) Massachusetts Advisory Opinion (allowing video surveillance company owned by personal friend to provide, at police department s request, free surveillance services for driveway) New Jersey Advisory Opinion (attending as guest Annual Academy of Matrimonial Attorneys Dinner and accepting invitation to ride to dinner in limo with local lawyers and judges) New Jersey Advisory Opinion 3-01 (gift from county bar association toward cost of swearing-in reception) New Jersey Advisory Opinion (lecturing at American Academy of Matrimonial Lawyers Seminar, attending dinner dance, accepting free meal or hotel accommodations) New Jersey Advisory Opinion 3-02 (new judge having testimonial dinner given by Division of Workers Compensation) New Jersey Advisory Opinion 4-02 (new judge accepting retirement gift from law firm in form of trip with value of approximately $5,000) 14

15 South Carolina Advisory Opinion (banquet given in new judge s honor by chamber of commerce) (12/03) West Virginia Advisory Opinion (March 10, 2003) (door prize) (6/03) PART-TIME JUDGES PRACTICE OF LAW Arizona Advisory Opinion 03-6 (listing judicial title on legal stationery and in advertising soliciting business) (12/03) Louisiana Advisory Opinion 189 (2003) (part-time municipal judge representing self and clients before city boards and commissions, in appeals to city council, and in appeals to district court) (12/03) Louisiana Advisory Opinion 190 (2003) (part-time traffic referee serving as part-time assistant district attorney) (12/03) Michigan Advisory Opinion JI-128 (2003) (referee acting as advocate of friend of court) (12/03) Michigan Advisory Opinion JI-129 (2003) (part-time friend of court referee participating in extra-judicial role that is inconsistent with judicial role) (12/03) Washington Advisory Opinion (part-time court commissioners appearing before bench on which they sit) (8/03) Washington Advisory Opinion 03-5 (employment at same law firm that employs city attorney) (6/03) Washington Advisory Opinion (pro tempore or court commissioner appearing before bench on which he or she served; part-time juvenile court commissioner appear on juvenile matters and civil matters; disclosure that attorney is occasionally asked to handle the civil motion calendar) (12/03) PART-TIME JUDGES -- MISCELLANEOUS Alabama Advisory Opinion (part-time judge donating legal services to Habitat for Humanity) (12/03) New Jersey Advisory Opinion (part-time municipal court judge accepting paid 15

16 speaking engagement through speaker s bureau in judicial capacity) South Carolina Advisory Opinion (private school administrator accepting expanded responsibilities and higher salary supplemented by federal funds) (10/03) SENIOR OR RETIRED JUDGES Alabama Advisory Opinion (retired judge hearing case involving member of law firm representing party in case judge is mediating) (6/03) Arizona Advisory Opinion 03-1 (retired judge subject to recall serving as paid, professional witness) New Jersey Advisory Opinion 4-01 (retired judge representing individual and corporation in persuading governor to set aside denial of right to construct TV tower) New Jersey Advisory Opinion (retired judge serving on recall recognized with other recently retired judges at the state bar foundation s annual awards dinner) FAMILY ISSUES EMPLOYMENT Alabama Advisory Opinion (retaining spouse as official court reporter after marriage) FAMILY ISSUES POLITICAL ACTIVITY Arizona Advisory Opinion (signing nominating petitions for non-judicial candidates; spouse or other family member circulating nominating petitions for candidates, working on non-judicial political campaign, and holding office in political party or organization; member of precinct committee becoming candidate for judicial office; member of judge s personal staff may serve as officer in political club or organization) (12/03) Massachusetts Advisory Opinion 03-8 (judge s son who lives at judge s home is candidate for public office) (6/03) South Carolina Advisory Opinion (magistrate s spouse serving on county election commission) 16

17 South Carolina Advisory Opinion (spouse running for office) (12/03) SERVING IN NATIONAL GUARD Alabama Advisory Opinion (serving as judge advocate general while on active duty in National Guard and Reserve) (8/03) Virginia Advisory Opinion 03-4 (serving as reserve officer in Judge Advocate General s Corps) (12/03) PERSONAL CONDUCT Florida Advisory Opinion 03-6 (appearing (not as judge) on videotape to be shown to automobile company as part of settlement negotiation) (6/03) Massachusetts Advisory Opinion 03-9 (former firm has refused judge s requests to remove judge s surname from firm name) (6/03) Massachusetts Advisory Opinion (serving during leave of absence serve as judge on United Nations panel that has jurisdiction in East Timor over war crimes) (12/03) Massachusetts Advisory Opinion (being interviewed as part of project celebrating anniversary of city) (12/03) New Jersey Advisory Opinion (attending graduation party given by families of three graduating high school seniors, including daughter) New Jersey Advisory Opinion (completing questionnaire for American Bench) New Jersey Advisory Opinion (marshal in Martin Luther King, Jr. Parade, receiving plaque or certificate, and having names mentioned in newspapers) New Jersey Advisory Opinion (attending retirement party of attorneys and investigator who work for public defender s office) New Jersey Advisory Opinion (appearing in scene of pilot for proposed cable TV series) South Carolina Advisory Opinion 7-03 (hosting casual outdoor reception for attorneys) (6/03) 17

18 ACTING AS WITNESS Florida Advisory Opinion 03-4 (reviewing documents and being interviewed by lawyer about matter in which judge would be fact witness) (6/03) Maine Advisory Opinion 03-1 (responding to subpoena to appear before arbitration hearing concerning staff's pending grievances against Register of Probate) (8/03) Michigan Advisory Opinion JI-127 (2003) (full-time friend of court referee serving as expert witness) (12/03) ACTING AS REFERENCE Alaska Advisory Opinion 03-1 (letter to pardon or parole board) (10/03) Florida Advisory Opinion 03-9 (letter to chair of judicial nominating committee; traffic hearing officer making financial contribution to political candidate) (12/03) Florida Advisory Opinion (communicating as reference to guardian ad litem in post-dissolution of marriage action involving close personal friend) (12/03) New Jersey Advisory Opinion (filling out questionnaire about attorney seeking admission to American Academy of Matrimonial Lawyers) Virginia Advisory Opinion 03-1 (letter or telephone call on behalf of candidate for appointment to judicial office) (6/03) Virginia Advisory Opinion 03-2 (letter or telephone call on behalf of candidate for judicial office to candidate screening committee) (8/03) Washington Advisory Opinion 03-8 (letter to bar association providing factual testimony for attorney s disciplinary file) (6/03) Washington Advisory Opinion (letter of support for nomination of a CASA as CASA of the Year) (8/03) TEACHING, WRITING, SPEAKING, ATTENDING SEMINARS 18

19 Arizona Advisory Opinion 03-2 (educational program that allows participants to wear judicial robes, sit behind the bench, swear in witnesses, and inform the audience to be seated; other educational programs that bring students and other members of the community into the courthouse; soliciting funds civil organization for court-related educational programs) (8/03) Arizona Advisory Opinion 03-8 (program to train law enforcement officers on how to prepare valid search warrants; law enforcement training program at which officers discuss or demonstrate new devices, technologies, or police procedures; program to teach law enforcement officers on generals legal topics such as search and seizure law; program to teach prosecutors on the care and feeding of a superior court judge; state bar conference on search and seizure law; judicial conference or bar-sponsored seminar taught by police personnel, prosecutors, or defense counsel (12/03) Florida Advisory Opinion 03-3 (presiding over mock trials at law firm s retreat) (6/03) Florida Advisory Opinion (speaking to League of Women Voters and NAACP regarding adequate funding for courts) (12/03) New Jersey Advisory Opinion 1-01 (accepting award and speaking at multi-cultural conference) New Jersey Advisory Opinion 9-01 (participating in workshop as panelist on Resources for Grandparents As Parents ) New Jersey Advisory Opinion (using courtroom to conduct observance of National Day of Prayer) New Jersey Advisory Opinion (acting as judge at mock trial in course for Massachusetts forensic psychologists) New Jersey Advisory Opinion (participating in domestic violence presentation) New Jersey Advisory Opinion (lecturing at American Academy of Matrimonial Lawyers Seminar, attending dinner dance, accepting free meal or hotel accommodations) New Jersey Advisory Opinion (attending and presenting views on impact of motor vehicle laws on addicts recovery at a drug treatment symposium) New Jersey Advisory Opinion 8-02 (participating on panel entitled Lesbian, Gay, Bisexual and Transgender Issues in the Courtroom) 19

20 New Jersey Advisory Opinion (participating in separation and loss forum sponsored by CASA) New Jersey Advisory Opinion (participating in History Channel taping of documentary on Camden 28 trial) New Jersey Advisory Opinion (attending Inns of Court Graduation Ceremony) New Mexico Advisory Opinion 03-2 (program for public television) (10/03) South Carolina Advisory Opinion (answering call-in questions on local radio talk show) (4/03) South Carolina Advisory Opinion (official title in biographical sketch and advertisement for novel) (10/03) South Carolina Advisory Opinion (teaching part-time paralegal course at area technical college) (12/03) South Carolina Advisory Opinion (teaching criminal law course at technical college) (12/03) South Carolina Advisory Opinion (training seminar funded by or with grant money funneled through agency that appears before judge) (12/03) Washington Advisory Opinion 03-6 (attending training seminar taught by practicing attorneys; disqualification) (6/03) Washington Advisory Opinion (permitting state agency to advise judges where they can obtain a paper version of book written by judge) (8/03) CAMPAIGN CONDUCT Florida Advisory Opinion (attending partisan events) (12/03) Florida Advisory Opinion (retaining as election consultant company in which another judge s spouse has ownership interest) (12/03) Illinois Advisory Opinion 03-1 (disclosing factually accurate information about opponent s private sexual conduct) (4/03) Kansas Advisory Opinion JE-115 (2003) (members of re-election committee making campaign contributions) (12/03) 20

21 Nevada Advisory Opinion JE03-4 (magistrate wearing judicial robe while campaigning for district judge) (12/03) Nevada Advisory Opinion JE03-5 (judicial candidate announcing campaign event prior to commencement of campaign season) (12/03) Ohio Advisory Opinion 03-8 (magistrate appearing in judicial robe during campaign; using title magistrate when listed as contributor in dinner program of political party; use of campaign funds) (12/03) POLITICAL ACTIVITY ATTENDING RETIREMENT EVENTS FOR GOVERNMENT OFFICIALS New Jersey Advisory Opinion (attending retirement dinner for business administrator of the township) New Jersey Advisory Opinion (retirement dinner given for judge by group of criminal defense lawyers) New Jersey Advisory Opinion (attending retirement dinner honoring undersheriff) New Jersey Advisory Opinion (attending retirement dinner given for sergeant of county sheriffs department) New Jersey Advisory Opinion (attending Senator s retirement dinner) New Jersey Advisory Opinion (attending retirement reception for chair of Victims of Crime Compensation Board and acting as master of ceremonies) New Jersey Advisory Opinion (attending retirement celebration for state education association director of government relations) New Jersey Advisory Opinion 6-02 (attending retirement party for chief of police) New Jersey Advisory Opinion (attending farewell party for former mayor who has been appointed commissioner of high-level state governmental agency) POLITICAL ACTIVITY ATTENDING POLITICAL EVENTS NOT RELATED TO JUDGE S OWN CAMPAIGN New Jersey Advisory Opinion 7-01 (attending birthday party for friend who formerly held political office) 21

22 New Jersey Advisory Opinion (attending award dinner honoring county Republican treasurer) New Jersey Advisory Opinion (attending testimonial dinner for former mayor) New Jersey Advisory Opinion (attending annual community awards fund-raising cocktail party for city s rescue squad, hosted by city Democratic Committee) South Carolina Advisory Opinion (spouse running for office) (12/03) Utah Formal Advisory Opinion 02-1 (attending party caucus; voting in primary election) POLITICAL ACTIVITY NOT RELATED TO JUDGE S OWN JUDICIAL CAMPAIGN Arizona Advisory Opinion (signing nominating petitions for non-judicial candidates; spouse or other family member circulating nominating petitions for candidates, working on non-judicial political campaign, and holding office in political party or organization; member of precinct committee becoming candidate for judicial office; member of judge s personal staff may serve as officer in political club or organization) (12/03) Arkansas Advisory Opinion 03-4 (Judicial Council hosting dinner for legislators) (12/03) Florida Advisory Opinion 03-9 (letter to chair of judicial nominating committee; traffic hearing officer making financial contribution to political candidate) (12/03) Kansas Advisory Opinion 111 (2003) (screening panel to interview candidates and forward names to governor to fill judicial vacancy) (4/03) Nevada Advisory Opinion JE03-2 (private letter of congratulation to successful candidate for election to other judicial or non-judicial office; assisting particular candidate s election; expressing private views on other candidates) (6/03) Utah Formal Advisory Opinion 02-1 (attending party caucus; voting in primary election) SCOPE OF COMMITTEE S DUTIES 22

23 Arkansas Advisory Opinion 03-1 (6/03) *AJS has links on its web-site to judicial ethics advisory opinions from Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Massachusetts, Michigan, Nebraska, Nevada, Ohio, Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and the U.S. Judicial Conference. 23