Judicial Ethics Advisory Opinion Summaries March April 2015 California Informal Advisory Opinion 2012-1 The spouse of an appellate justice may not work as the chambers attorney for the justice. The presiding justice has the discretion to determine what corrective action would be appropriate, including reporting the matter to the Commission on Judicial Performance. A presiding justice may verify the time sheet of another justice s chambers attorney for administrative convenience unless the presiding justice is not in a position to know whether the attorney was present or absent on the days represented on the time sheet. California Informal Advisory Opinion 2012-2 A judge is not disqualified from cases in which counsel for a party is the landlord of the law firm that employs the judge s spouse as an associate attorney. California Informal Advisory Opinion 2012-3 An appellate justice who is employed for compensation by a university to teach an undergraduate course is not disqualified from a case in which a clinical program at the university s law school represented a party, and disclosure is not required. California Informal Advisory Opinion 2014-4 A judge who is a member of a Judicial Council advisory body on improving the administration of justice in proceedings in which state judicial branch jurisdiction overlaps with tribal justice system jurisdiction may appear in an educational documentary for public television on tribal justice systems in California. As long as the filming is consistent with applicable rules, the documentary may include filming of trial court proceedings. Connecticut Informal Advisory Opinion 2015-3 When a judicial official has personal knowledge that an attorney repeatedly failed to appear before that judicial official, had sanctions imposed on him in at least 2 cases as a result of repeated failures to appear, told the court she would be present in 15 minutes but instead went to a different courthouse first and appeared hours later, and filed a caseflow request even after being advised by the court that was not the proper means for requesting a continuance, the judicial official is required to report the attorney to the appropriate disciplinary authority. Connecticut Informal Advisory Opinion 2015-4 A judicial official may accept an award at a non-law-related, non-fund-raising event and be recognized by the state chapter of an international, non-profit corporation committed to enriching, sustaining, and ensuring the culture and economic survival of
its members ancestry/ethnicity. Connecticut Informal Advisory Opinion 2015-5 A judicial officer may make statements at a town meeting regarding what to do with an old, closed school in the town s center but must state affirmatively that she is speaking solely as a resident/private citizen and travel sports coach. Connecticut Informal Advisory Opinion 2015-6 A judicial official may not attend as the mayor s guest a reception and concert that is by invitation only and co-sponsored by an advocacy group that provides services to victims of court-involved clients but may purchase his own ticket and attend the concert. Connecticut Informal Advisory Opinion 2015-7 A judicial official may be a contestant on the television reality show The Amazing Race but should make known to the show that her title may not be used for promotional or commercial purposes and should retain the right to review and pre-approve the use of any biographical information in connection with the show. Connecticut Emergency Staff Opinion 2015-9 A judicial official, in her personal capacity, may not attempt to settle a case with a hospital on behalf of her adult child but may assist the child hire an attorney and review any contractual documents related to the hiring. The judicial officer must disqualify herself from presiding over trials or conducting mediations involving the hospital for at least the duration of the family member s case. Florida Advisory Opinion 2015-3 A judge may not disclose non-public information that came up in a non-public domestic violence injunction case to a party s employers. Florida Advisory Opinion 2015-4 A judge may teach at a 1-day training session for judges, magistrates, and court staff on how to deal with domestic violence issues. Florida Advisory Opinion 2015-5 A judge may not, as a member of the board of directors of a court of appeals historical society, encourage others to participate in a walk/run fund-raiser sponsored by a bar association when the funds to support the bar association s pro bono project unless the solicitation is limited to judges over whom the judge exercises no supervisory or appellate authority, but may participate as a team captain and coordinate logistics for the team, such as snacks and T-shirts. Florida Advisory Opinion 2015-6 2
A judge may not give an educational presentation to the summer law clerks of her former law firm on successful ways to practice in Florida's court system even if the judge does not receive payment or gifts and would provide the same presentation to summer law clerks of any other law firm that made a similar request. Florida Advisory Opinion 2015-7 A senior judge may serve as the officer of the professional association of his deceased spouse s solo law practice to file a corporate report as part of the process of closing the practice. Indiana Advisory Opinion 1-2015 A judge who receive an ex parte petition for temporary guardianships must evaluate it carefully to ensure that it contains sufficient facts and proof of attempted notice (or a sufficient explanation of why notice should not be required) and should include those facts in a written order if he grants the petition. Petitions that allege circumstances not rising to the level of emergency required to deprive parents of their custodial rights without notice should be set for hearing as swiftly as possible. Maryland Advisory Opinion Request 2015-10 A judge may use in his judicial campaign funds that were donated to his campaign for elected non-judicial office prior to being appointed as a judge. A judge may receive campaign contributions from a non-judicial slate to which he belonged while a legislator. Maryland Advisory Opinion Request 2015-17 There are very few instances in which a judge may appear before or consult with local government bodies, officials, or agencies. If a judge attends a public meeting, the judge must take care not to create the impression that she is privately communicating her views to the members of the public body by, for example, speaking privately to the officials before or after the meeting. Missouri Advisory Opinion 186 (2015) A judge s participation in social media is subject to all limitations in the code of judicial conduct. Friending, unfriending, and liking in social media is a factor to consider in determining whether a judge s relationship with an attorney, party, or witness requires disqualification; disclosure of a friend, unfriend, or like relationship may be appropriate. A judge must make reasonable efforts to review posts on her page and sever or unfriend anyone whose conduct or posts would place the judge in the position of appearing to endorse prohibited conduct. As a best practice, a judge should limit the judge s friends to those persons for whom the judge would recuse if they appear in her court. A judge should adjust the privacy setting of a personal social media account so the page may be viewed only by her listed friends and not the general public. 3
A judge should use a separate public social media site for her campaign; the site should be operated by the campaign committee and limited to the judge s identity, qualifications, present position, or other facts relevant to voters; the judge should ensure that all posts comply with the restrictions on political activity and campaign conduct; the site may be used to solicit publicly stated support or campaign contributions. New York Advisory Opinion 2014-69 A judge may suggest that his wedding guests contribute to a charity of the guests choice in lieu of giving a wedding gift if he asks the guests to omit any reference to his judicial title when sending the donation. New York Advisory Opinion 2014-97 A judge who is a retired law enforcement officer may join a national not-for-profit fraternal organization for retired and active law enforcement officers to take advantage of discounted medical and life insurance and retirement benefits. New York Advisory Opinion 2014-103 A judge is not required to take any action when her sole source of knowledge an attorney s of wrongdoing is that the attorney has agreed to an adjournment in contemplation of dismissal of charges. A judge may attest to and affirm facts within his personal knowledge and observation, including his recollection of witnessing the execution of a family member s testamentary instrument and recognition of certain signatures or handwriting on the instrument. New York Advisory Opinion 2014-107 A full-time city court judge who presides outside New York City may become a notary public. New York Advisory Opinion 2014-117 A judge may make financial contributions to organizations that are essentially charitable, for example, organizations that seek to strengthen individuals, families, and communities by developing and sustaining exceptional supportive and affordable housing and programs for homeless and other vulnerable New Yorkers; that help communities solve the complex problems facing their most vulnerable, hard hit members; that seek to work with communities to end world hunger and poverty and to care for the earth; that assist people with HIV/AIDS and provide a safety net of social services for thousands in the theatrical community; and that seek to end AIDS and uplift the lives of those affected. A judge may make a financial contribution to not-forprofit organizations that are involved in the improvement of the law, the legal system, and the administration of justice, such as the Southern Poverty Law Center and the NAACP. A judge may not make contributions to political action committees or to not- 4
for-profit organizations that identify candidates for judicial office and assist them in getting elected through financial contributions, campaign volunteers, and technical assistance or that promote individuals with a particular viewpoint on an issue for election and appointment to public office at every level of government, such as MoveOn.Org and Emily s List. New York Advisory Opinion 2014-121 A judge who chose to recuse herself from a case after a litigant, who identifies as a sovereign citizen, filed a complaint about the judge may preside over other cases in which that litigant appears after the complaint was dismissed as unfounded. New York Advisory Opinion 2014-137 A judge may delegate to a court clerk researching whether a litigant s address is located within a geographic boundary, but the determination that the court does not have jurisdiction and that papers may be refused or dismissed on jurisdictional grounds is a non-delegable judicial function. New York Advisory Opinion 2014-139 A judge may publicly express her views on how proposed transit changes will affect indigent court users and their ability to comply with court-ordered training, treatment, and probation. New York Advisory Opinion 2014-141 A judge who is currently a defendant in a criminal case involving domestic violence charges should not preside over other domestic violence cases while his case is pending and, if convicted, during the term of any sentence that may be imposed. If he is acquitted or if he completes his sentence and/or probation, the judge may preside over other domestic violence cases provided he concludes he can be fair and impartial. New York Advisory Opinion 2014-148 A judge whose window period for her unsuccessful 2014 supreme court campaign will overlap with the window period for her 2015 supreme court campaign may not roll over funds from one campaign to the next but must establish a new campaign account; may use the remaining 2014 campaign funds for permissible purposes relating to her 2014 campaign during the remainder of her 2014 window period, including generically useful purchases that could be used for either campaign; and, at the conclusion of her 2014 window period, must dispose of any remaining 2014 campaign funds in accordance with applicable rules and opinions. New York Advisory Opinion 14-149 A judge may grant permission to a local resident and business owner to use her land for a Christmas tree lighting. 5
New York Advisory Opinion 2014-150 A judge who reported an attorney to a grievance committee is disqualified from signing a proposed order the same attorney submitted in an unrelated matter, unless he determines the proposed order is identical to his oral order in the case issued a year before he reported the attorney and there are no legal issues to resolve in connection with the proposed order. New York Advisory Opinion 2014-151 A judge may not serve as a reference for an individual who has recently appeared before her as a defendant/participant in a treatment-oriented problem-solving court. New York Advisory Opinion 2014-152 If legally permitted, a judge may decline to approve plea bargains that would require defendants to contribute money to programs the district attorney chooses. New York Advisory Opinion 2014-159 Whether a judge may use his official court mailing address, telephone number, and e- mail address to conduct bar association business is primarily a question of administrative policy. New York Advisory Opinion 2014-165 A judge may publish an article about pending litigation involving discovery sought from a social media company if she avoids commentary and stick to strictly neutral factual observations. New York Advisory Opinion 2014-176 Assuming the command structure and administrative hierarchy of the county sheriff s department is distinct from the regional and managerial operations of the county department of public works, a village justice may also be head automotive mechanic for the county department of public works. New York Advisory Opinion 2014-179 A part-time city court judge may be counsel for the local labor union even if the city attorney s office represents the city in contract negotiations with the union. New York Advisory Opinion 2014-187 If a surrogate entered into a contract to purchase real property in good faith but later learned the property was part of a decedent s estate, the surrogate must disqualify herself from any further involvement in the probate proceeding but need not also repudiate the contract. 6
New York Advisory Opinion 2014-194 A part-time judge is disqualified from cases in which the attorney with whom she shares office space appears, but the attorney may appear before her co-judges. New York Advisory Opinion 2015-9 A part-time city court judge may serve in the non-supervisory position of full-time deputy county attorney provided she is not required to perform quasi-prosecutorial duties, such as handling juvenile delinquency and persons-in-need-of-supervision cases. New York Advisory Opinion 2015-17 A judge may play in a band that performs without pay at charitable events, block parties, and parties for friends if it is not a business and his role is unadvertised. A judge may donate time collecting toys, food, and clothing for the charities but may not directly solicit items or time. When making in-kind service donations, a judge must act consistently with judicial dignity. New York Advisory Opinion 2015-24 A judge may agree to be profiled in a local, bi-monthly publication and featured on its cover. New York Advisory Opinion 2015-38 For 2 years after an associate leaves a part-time judge s law firm, absent remittal, the judge disqualified from cases in which the former associate appears as an assistant district attorney. New York Advisory Opinion 2015-41 A judge is not disqualified if the child of her co-judge appears in a case, and disclosure is not required. New York Advisory Opinion 2015-53 A judge need not disqualify herself from a civil action after testifying in a separate criminal proceeding, pursuant to a subpoena, about orders and directives she issued in the civil action, even if her testimony is adverse to one of the litigants unless she believes that she cannot be impartial. New York Advisory Opinion 2015-55 A judge is not required to disclose that she had previously asked an attorney, who is currently appearing before her, to support her judicial candidacy at a judicial nominating convention nearly a decade ago. New York Advisory Opinion 2015-56 7
A judge may post the procedure for resolving a traffic ticket on the court system s website. New York Advisory Opinion 2015-64 A judge may permit 2 defense attorneys who regularly appear before him to include his name as a reference on an application nominating his court attorney for an award from a legal publication. North Dakota Advisory Opinion 2010-1 A judicial candidate may not, while campaigning door-to-door, ask a homeowner to put a campaign sign in the homeowner's yard. North Dakota Advisory Opinion 2012-1 A part-time judge may practice law while a candidate for judicial office. Pennsylvania Formal Advisory Opinion 2015-1 A judge should not write a letter of reference for a person he does not personally know. A judge may write the type of reference letter written in the ordinary course of business or a personal relationship. The letter should include a statement of the source and extent of the judge s personal knowledge. The letter should be addressed and mailed directly to the person or entity for whose information it is being written, and a judge may not provide a to whom it may concern letter unless the judge is concerned that a letter addressed to a particular person or entity might be construed as the judge attempting to exert pressure by reason of the judicial office. A law clerk must advise the judge if the clerk is seeking employment with a lawyer or firm appearing in front of the judge; the judge will have to determine whether to make a recommendation under those circumstances, but the better course would be to wait until the matter has concluded. A judge may write a letter of reference for someone the judge knows personally and with whom the judge has a relationship that would require disqualification if they are the type that the judge would normally be requested to write as a result of the judge s personal relationship. Any letter that may be written by a judge may be written on official stationery. A judge may not write a letter of reference he has reason to believe may be used in litigation. South Carolina Advisory Opinion 1-2015 A judge need not automatically disqualify himself from a proceeding in which an attorney is the father of his law clerk or the father s law partner but should prevent the law clerk from participating in or working on any proceedings in which the clerk s father or his law partner appear. In matters such as contested motions or trials in which the father or his law partner appear, the judge must fully disclose the relationship of the judge s clerk and the father or his law partner. 8
South Dakota Advisory Opinion 2015-1 A judge may participate in a legal education seminar sponsored by a for-profit business entity but may not participate in a seminar advertised as teaching attendees how to impress the judges and build your reputation with the Court. If the sponsor is not an organization traditionally recognized as a provider of legal education, such as a law school or bar association, a judge should exercise caution before accepting an invitation to participate and should not do so without knowing how it will be advertised. South Carolina Advisory Opinion 2-2015 A judge is not required to report as income on his disclosure statement that a lawyer with whom he had an office-sharing arrangement prior to taking the bench has assumed mortgage payments on office property owned by judge, but the judge should disclose the mortgage debt. Washington Advisory Opinion 2015-1 A judge may send jurors a letter thanking them for their service but may not ask for feedback related to their juror experience. West Virginia Advisory Opinion (January 29, 2015) A judge does not have to disqualify himself from matters involving bail bondsmen to whom he is selling property or their companies but should disclose the relationship during negotiations and the pendency of the sale. West Virginia Advisory Opinion (February 20, 2015) A magistrate s husband may not work as a process server in her county. West Virginia Advisory Opinion (February 23, 2015) An appointed magistrate may prepare wills and deeds and continue teaching at the college level but should not draft rental agreements or perform any legal work for the county commission. West Virginia Advisory Opinion (March 10, 2015) The cohabiting partner of a magistrate assistant may not serve as a bail bondsman in the magistrate s county or the surrounding counties. 9