The duty to refrain from retaliation includes retaliation against former as well as current judiciary personnel. A judges appointees include assigned counsel, officials such as referees, commissioners, special masters, receivers, guardians, and personnel such as law clerks, secretaries, and judicial assistants. Share: The Washington Commission on Judicial Conduct announced Friday it has admonished Clark County Superior Court Judge John Fairgrieve for failing to issue a The duties This prohibition applies to both professional and personal conduct. The committee must conduct WebThe Massachusetts Commission on Judicial Conduct (CJC) is the state agency responsible for investigating complaints alleging that a state court judge has engaged in judicial WebThe Judicial Conduct Committee has eleven members, consisting of judges, lawyers, and public representatives, and meets twelve or more times each year. WebThe judicial conduct commission has been established by a provision in the state consti-tution in twenty-eight states, by a statute in sixteen states, and by court rule in seven (see Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in all Activities. (E)Fiduciary Activities. (1) While acting in this capacity, a judge pro tempore is not required to comply with Canons 4A(4), 4A(5), 4D(2), 4D(3), 4E, 4F, or 4H(3); further, one who acts solely as a special master is not required to comply with Canons 4A(3), 4B, 4C, 4D(4), or 5. A judge pro tempore is a person who is appointed to act temporarily as a judge or as a special master. A judge who has a financial interest in the victim of a crime is not required by Canon 3C(1)(c) to disqualify from the criminal proceeding, but the judge must do so if the judges impartiality might reasonably be questioned under Canon 3C(1) or if the judge has an interest that could be substantially affected by the outcome of the proceeding under Canon 3C(1)(d)(iii). A judge may, however, act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judges family. The person must be treated by the judge as a member of the judges family. (1) A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned, including but not limited to instances in which: (a) the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge or lawyer has been a material witness; (c) the judge knows that the judge, individually or as a fiduciary, or the judges spouse or minor child residing in the judges household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be affected substantially by the outcome of the proceeding; (d) the judge or the judges spouse, or a person related to either within the third degree of relationship, or the spouse of such a person is: (i) a party to the proceeding, or an officer, director, or trustee of a party; (ii) acting as a lawyer in the proceeding; (iii) known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or. The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. The admonition against public comment about the merits of a pending or impending matter continues until the appellate process is complete. Canon 4A(5). 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. The restrictions so imposed include but are not limited to: (1) a prohibition against receiving honoraria (defined as anything of value received for a speech, appearance, or article), (2) a prohibition against receiving compensation for service as a director, trustee, or officer of a profit or nonprofit organization, (3) a requirement that compensated teaching activities receive prior approval, and (4) a limitation on the receipt of outside earned income., Canon 5: A Judge Should Refrain from Political Activity. 202-502-1100. A senior judge in the territories and possessions must comply with this Code as prescribed by 28 U.S.C. Box 127 Augusta, ME 04332 To reach the Committee by phone: (207) 592-7712 PLEASE NOTE: The Committee cannot be contacted by email. 2, Pt. WebThe Commission on Judicial Conduct acts on complaints alleging judicial misconduct. Such notification may be made at any time after retirement, and is irrevocable. (d) with the consent of the parties, confer separately with the parties and their counsel in an effort to mediate or settle pending matters. Use of a judges name, position in the organization, and judicial designation on an organizations letterhead, including when used for fund raising or soliciting members, does not violate Canon 4C if comparable information and designations are listed for others. Prompt disposition of the courts business requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to take reasonable measures to ensure that court personnel, litigants, and their lawyers cooperate with the judge to that end. WebConduct Committee, and that the Federal Judicial Center develop a common core curriculum for the program to promote uniformity in the Acts implementation. Subject to the same limitations, judges may also engage in a wide range of non-law-related activities. (3) solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate. This mandatory conflict-screening policy requires federal courts and judges to implement automated screening to help identify any financial conflicts of interest. In addition, it would be a violation of Canons 2 and 2A for a judge to arrange a meeting at a club that the judge knows practices invidious discrimination on the basis of race, sex, religion, or national origin in its membership or other policies, or for the judge to use such a club regularly. Canon 2C. (1) A judge may hold and manage investments, including real estate, and engage in other remunerative activity, but should refrain from financial and business dealings that exploit the judicial position or involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves. (B) Outside Influence. (1)Speaking, Writing, and Teaching. Pt. Waco Tribune-Herald 8:20 PM on June 27, 2023. All other retired judges who are eligible for recall to judicial service (except those in U.S. territories and possessions) should comply with the provisions of this Code governing part-time judges. A judge may consult with or appear at a public hearing before an executive or legislative body or official: (a)on matters concerning the law, the legal system, or the administration of justice; (b)to the extent that it would generally be perceived that a judges judicial experience provides special expertise in the area; or. (G)Chambers, Resources, and Staff. WebThe Washington Commission on Judicial Conduct announced Friday it has admonished Clark County Superior Court Judge John Fairgrieve for failing to issue a decision in a 2021 civil case by the required 90-day deadline. IntroductionCanon1: A Judge Should Uphold the Integrity and Independence of the JudiciaryCanon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All ActivitiesCanon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and DiligentlyCanon 4: A Judge May Engage in Extrajudicial Activities That are Consistent With the Obligations of Judicial OfficeCanon 5: A Judge Should Refrain From Political ActivityCompliance with the Code of ConductApplicable Date of Compliance. 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. A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. A judge may solicit funds for such an organization from judges over whom the judge does not exercise supervisory or appellate authority and from members of the judges family. Thus the mere absence of diverse membership does not by itself demonstrate a violation unless reasonable persons with knowledge of all the relevant circumstances would expect that the membership would be diverse in the absence of invidious discrimination. Canon 3 requires disqualification of a judge in any proceeding in which the judge has a financial interest, however small. A judge should not engage in any form of harassment of court personnel. For example, in many jurisdictions, charitable hospitals are in court more often now than in the past. Canon 4H. Category: Other Forms. (C) Nondiscriminatory Membership. Although judges should be independent, they must comply with the law and should comply with this Code. The Administrative Office of the U.S. Courts takes no responsibility for, and exercises no control over, the organizations, views, accuracy, copyright or trademark compliance or legality of the material contained on these sites. A judge should be sensitive to possible abuse of the prestige of office. A judge should not approve compensation of appointees beyond the fair value of services rendered. The judicial conduct process wasopaque. Although Canon 2C relates only to membership in organizations that invidiously discriminate on the basis of race, sex, religion or national origin, a judges membership in an organization that engages in any invidiously discriminatory membership practices prohibited by applicable law violates Canons 2 and 2A and gives the appearance of impropriety. "Since I became Chief Justice in 2018, I realized that there was something to be corrected at the Judicial Conduct Committee. 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. 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 person reporting information of misconduct or disability must be informed at the outset of a judges responsibility to disclose such information to the relevant chief district judge or chief circuit judge. Chief Justice John G. Roberts, Jr. has named eight new chairs of Judicial Conference committees and extended the term of a current chair by one year. The previous Dispute Resolution Commission logo, However, bankruptcy judges and magistrate judges who are eligible for recall but who have notified the Administrative Office of the United States Courts that they will not consent to recall are not obligated to comply with the provisions of this Code governing part-time judges. These opinions provide ethical guidance for judges and judicial employees and assist in the interpretation of the codes of conduct and ethics regulations that apply to the judiciary.
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