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JUDICIAL ETHICS ADVISORY OPINION SUMMARIES May-June

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JUDICIAL ETHICS ADVISORY OPINION SUMMARIES May-June JUDICIAL ETHICS ADVISORY OPINION SUMMARIES May-June 2019 Alaska Advisory Opinion 2019-1 http://www.acjc.alaska.gov/advopinions.html#2019-01 Disqualification: Former public defender A former public defender is disqualified from matters involving former clients for 2 years after becoming a judge unless the disqualification is waived but is not disqualified from cases against the state or a municipality or from cases in which the public defender’s office appears. Arizona Advisory Opinion 2019-1 http://www.azcourts.gov/Portals/137/ethics_opinions/2019/ethics%20opinion%2019-01.pdf Unsolicited donation for problem-solving court incentives A court may accept unsolicited monetary donations from a charitable organization to purchase incentives such as gift cards and bus passes for participants in problem-solving courts. Florida Advisory Opinion 2019-17 http://www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/2019/2019- 17.html Disqualification: Parents’ former law firm, parents’ tenant A judge is not required to disqualify from cases involving her lawyer-parent’s former law firm. A judge is not automatically recused from cases involving a law firm that leases a building from her parent if her parent’s interest can be classified as de minimis. Florida Advisory Opinion 2019-18 http://www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/2019/2019- 18.html Writing book A judge may write a book about family law courts and the mental health issues sometimes associated with them, specifically, the “warning signs” that judges and litigants should be concerned about, and may actively promote the book as long as he does not use the prestige of office to promote the book and the judge, his judicial assistant, and members of his family do not sell the book to any member of the Bar. Florida Advisory Opinion 2019-19 http://www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/2019/2019- 19.html Free stay at resort A judge may accept a friend's offer of a free stay in a suite that has been provided to the friend by an attorneys' association holding a conference at a resort when the judge is disqualified from cases involving the friend. Illinois Advisory Opinion 2019-1 Participation in issue-related gatherings A judge may participate in a “March for Science” that is centered on matters that are unlikely to come before the court. To determine whether to participate in an issue-related gathering, a judge should thoughtfully examine whether the issues might be likely to come before the court or adversely impact judicial independence or the appearance of impropriety or bias. Indiana Advisory Opinion 1-2019 https://www.in.gov/judiciary/jud-qual/files/jud-qual-adops-1-19.pdf Retiring and senior judge: Public endorsements A judicial officer who is retiring may not publicly endorse any candidate for public office including a successor candidate for the retiring judge’s seat. A senior judge may publicly endorse candidates for public office but may not use her judicial title or court resources (such as wearing a judicial robe) to bolster such endorsements. Maryland Advisory Opinion Request 2019-13 https://mdcourts.gov/sites/default/files/import/ethics/pdfs/2019-13.pdf Interview with juvenile judge sentenced With conditions, a judge who re-sentenced a person for a murder committed while the person was a juvenile may, after the person’s probation has ended, participate in a brief e-mail interview that will be published in the person’s memoir. Maryland Advisory Opinion Request 2019-14 https://mdcourts.gov/sites/default/files/import/ethics/pdfs/2019-14.pdf Clerk accepting salary advance A judge may not permit an incoming law clerk to accept a salary advance from the law firm for which the law clerk will be working after the clerkship. Nebraska Advisory Opinion 2019-1 https://supremecourt.nebraska.gov/sites/default/files/ethics-opinions/Judicial/19-1.pdf Ex parte communications A judge may not have ex parte communications when the courts are closed over the weekend and holidays with a county attorney about an arrestee’s criminal record for the purpose of setting an appearance bond. New Mexico Advisory Opinion 2018-8 http://jec.unm.edu/manuals-resources/advisory-opinions/Advisory_Opinion_18-08.pdf Disqualification: Judge is defendant in lawsuit A judge who is a defendant in a writ proceeding brought by candidates who unsuccessfully applied for the position of domestic relations commissioner is not disqualified from other cases involving those candidates. 2 New Mexico Advisory Opinion 2018-9 http://jec.unm.edu/manuals-resources/advisory-opinions/Advisory_Opinion_18-09.pdf Part-time judge: Use of title An attorney may identify himself as a probate judge on his law office web-site, but his bio on the court’s web-site should not describe his practice beyond a limited disclosure of his experience. New York Advisory Opinion 2018-168 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/18-168.htm Leadership in bar associations; governmental task force; lecturing at private law school A judge may serve in leadership positions in bar associations, including as an officer, director, committee chair, or non-legal advisor to a local or national bar association. A judge may serve on a governmental task force to address the impacts of closing a prison facility if its members represent a broad spectrum of interests and it will focus on planning an orderly transition rather than fielding complaints. A judge may teach or lecture part-time at a private law school and accept reasonable compensation; if the compensation exceeds $150, the judge must file a report at least annually with the court clerk’s office. The judge may discuss cases during a law school class unless the case is pending before her or in her jurisdiction. New York Advisory Opinion 2019-25 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-25.htm Part-time judges: Disqualification Where a town justice’s law firm formerly had a business relationship with another firm involving uncompensated courtesy referrals, the judge is disqualified from all cases in which the other firm appears for 2 years from the date the relationship terminated, subject to remittal after full disclosure provided no party is appearing without counsel. New York Advisory Opinion 2019-31 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-31.htm Part-time judges: Disqualification Where the town attorney has become “of counsel” to a town justice’s law firm, the town justice is disqualified from all cases in which the town is a party, including town code enforcement cases. If there is any likelihood that town code cases will come before the court, the town justice must resign from one of the positions. New York Advisory Opinion 2019-32 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-32.htm Part-time judges: Non-legal employment A part-time judge who is also a full-time college professor may participate in an academic research project analyzing data from the centralized arraignment court’s first year of operation and accept compensation from the college for this work pursuant to a grant administered by the office of court administration. 3 New York Advisory Inquiry 2019-37 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-37.htm Campaign fund-raising A judicial candidate’s campaign committee may use an electronic event invitation system that charges 2% of the ticket price per ticket to distribute fund-raising invitations and sell tickets. New York Advisory Opinion 2019-38 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-38.htm Part-time judges: Non-legal employment A part-time judge may not serve as a fire investigator in the county where she presides. New York Advisory Opinion 2019-41 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-41.htm Part-time judges: Community activity A part-time judge may not serve on an advisory committee that makes recommendations to the district attorney regarding a convicted offender’s application to vacate a prior conviction even if the judge will not be personally identified in the recommendation and the district attorney has full authority over her response to the application before the court. New York Advisory Opinion 2019-43 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-43.htm Disqualification: Co-judge’s spouse, law firm partners A judge is not disqualified from cases in which her co-judge’s spouse, a police officer, appears. A part-time town justice should not permit her co-judge’s law firm partners or associates to practice before her. New York Advisory Opinion 2019-44 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-44.htm Disciplinary responsibilities: Attorney A judge is required to report an attorney who made false claims about the judge in affidavits in a case in which the attorney is appearing pro se and in other unrelated proceedings brought against the judge and is required to recuse from the matter but may in his discretion wait to report until the proceeding ends. New York Advisory Opinion 2019-45 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-45.htm Reporting criminal conduct A support magistrate may report a litigant’s apparently criminal conduct to law enforcement but is not required to do so. 4 New York Advisory Opinion 2019-46 https://www.nycourts.gov/legacyhtm/ip/judicialethics/opinions/19-46.htm Disqualification: Co-judge’s caseload A town justice whose co-judge is unavailable to handle any cases may deposit and transmit fine money received in cases previously adjudicated by her co-judge in fulfilment of statutory and regulatory directives but, before handling her co-judge’s caseload, must check for conflicts and disqualify herself when necessary.
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