MPRE Sections 12-End, Judicial Ethics Complete Test.
1. Judges are bound by the general rules of professional
lawyers conduct for all , but special rules of profes-
sional conduct for judges also exist. The ABA Model
Code of Judicial Conduct (CJC) was adopted in
1972 and was revised most recently in 2007
2. The CJC encompasses the precepts that judges rule
must respect, honor, and uphold the judicial office
as a pub- lic trust and must strive to maintain and
enhance con- fidence in the legal system. It
consists of four canons, numbered rules under
each canon, and comments that explain each
rule. The canons state overarching principles of
judicial ethics that all judges must ob- serve.
Although a judge may be disciplined only for
violating a , the canons provide guidance
in interpreting the rules
3. The provisions of the CJC apply to all full-time
judges. Within the meaning of the CJC, a judge is
anyone who is authorized to perform judicial magistrate
functions, in- cluding an officer such as a justice
of the peace,
, court commissioner, special master,
ref- eree, or member of the administrative law
judiciary.
Part-time judges (including periodic, pro tempore
(i.e., temporary), and retired judges who are
subject to recall) are subject to a variety of
exemptions in the CJC.
4. anon 4 of the CJC applies to judicial candidates. A
re- tired judge who is not subject to recall is
not
subject to the provisions of the CJC.
5. also
1/
38
, MPRE Sections 12-End, Judicial Ethics Complete Test.
Exam tip - When answering questions related to a
judge's behavior, remember that most judges
are
lawyers and are thus also bound by the rules of
professional conduct that apply to lawyers.
6. A judge must uphold and promote the independence, impartiality
integrity, and of the judiciary and
must avoid impropriety (i.e., inappropriate
behavior) and the appearance of impropriety.
CJC Canon 1
7. A judge is required to comply with the law, precedent
including the CJC. CJC Rule 1.1. A conviction is not
required for a judge to be considered to have
violated this rule
if a judge refuses to follow or
other mandatory authority.
8. A judge is required to act at all times in a
manner that promotes public confidence in the ethical
independence, integrity, and impartiality of the
judiciary. CJC Rule 1.2. The CJC indicates that
judges should participate in activities that
promote conduct
among judges and lawyers, support
professionalism within the judiciary and the legal
profession, and promote access to justice for all.
9. The CJC also provides that a judge should initiate
and participate in community outreach activities
for the purpose of promoting public confidence
understanding of and
in the administration of justice. In
con- ducting such activities, a judge is required
to act in a manner consistent with the CJC. CJC
Rule 1.2 cmt. 6
10. Independence
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38
, MPRE Sections 12-End, Judicial Ethics Complete Test.
CJC Canon 1: , Integrity, and
Impartiality of the Judiciary
11. CJC Rule 1.1: With the Law Compliance
12. CJC Rule 1.2: Confidence in the Judiciary Promoting
13. CJC Rule 1.3: Avoiding of the Prestige Abuse
of Judicial Office
14. A judge is required to avoid both impropriety and the appearance
of impropriety.
15. The test for the appearance of impropriety is whether
honesty the conduct would create, in reasonable
minds, a per- ception that the judge violated the CJC or
engaged in
other conduct that reflects adversely on the judge's
, impartiality, temperament, or
fitness to serve as a judge.
16. A judge must not abuse the prestige of judicial improper
office to advance the personal or economic
interests of the judge or others or allow others to
do so. CJC Rule 1.3. It is for a judge to use or
attempt to use her position in order to gain
personal advantage or deferential treatment of
any kind.
17. It would be improper for a judge to allude to
her judicial status in order to attempt to gain traflc
favorable treatment in encounters with officials
18. A judge is permitted to provide a reference or recom-
letterhead mendation for an individual based upon the
judge's personal knowledge. While a judge must not use
ju-
3/
38
, MPRE Sections 12-End, Judicial Ethics Complete Test.
dicial letterhead to gain an advantage in conduct- ing
his personal business, the judge may use official
for a reference for someone else if the judge
indicates that the reference is personal and if
there is no likelihood that the use of the
letterhead would reasonably be perceived as an
attempt to use the judge's official position to
exert pressure.
control
19. If a judge writes or contributes to a publication of
a for-profit entity, whether or not related to the
law, the judge should not permit anyone
associated with the publication to exploit the
judge's office in a manner that violates the CJC or
other applicable law. A judge should retain
sufficient over advertis-
ing in any contract for publication of a judge's
writing to avoid such exploitation.
20. A judge is permitted to participate in the process
selection
of judicial by cooperating with
appointing authorities and screening committees.
A judge may also respond to inquiries from these
entities concern- ing the professional
qualifications of a person being considered for
judicial office.
21. A judge is required to perform the duties of judicial of- impartially
fice , competently, and diligently.
CJC Canon 2.
22. As prescribed by law, the duties of judicial office precedence
are required to take over all of a
judge's personal and extrajudicial activities.
23. fairly
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38
1. Judges are bound by the general rules of professional
lawyers conduct for all , but special rules of profes-
sional conduct for judges also exist. The ABA Model
Code of Judicial Conduct (CJC) was adopted in
1972 and was revised most recently in 2007
2. The CJC encompasses the precepts that judges rule
must respect, honor, and uphold the judicial office
as a pub- lic trust and must strive to maintain and
enhance con- fidence in the legal system. It
consists of four canons, numbered rules under
each canon, and comments that explain each
rule. The canons state overarching principles of
judicial ethics that all judges must ob- serve.
Although a judge may be disciplined only for
violating a , the canons provide guidance
in interpreting the rules
3. The provisions of the CJC apply to all full-time
judges. Within the meaning of the CJC, a judge is
anyone who is authorized to perform judicial magistrate
functions, in- cluding an officer such as a justice
of the peace,
, court commissioner, special master,
ref- eree, or member of the administrative law
judiciary.
Part-time judges (including periodic, pro tempore
(i.e., temporary), and retired judges who are
subject to recall) are subject to a variety of
exemptions in the CJC.
4. anon 4 of the CJC applies to judicial candidates. A
re- tired judge who is not subject to recall is
not
subject to the provisions of the CJC.
5. also
1/
38
, MPRE Sections 12-End, Judicial Ethics Complete Test.
Exam tip - When answering questions related to a
judge's behavior, remember that most judges
are
lawyers and are thus also bound by the rules of
professional conduct that apply to lawyers.
6. A judge must uphold and promote the independence, impartiality
integrity, and of the judiciary and
must avoid impropriety (i.e., inappropriate
behavior) and the appearance of impropriety.
CJC Canon 1
7. A judge is required to comply with the law, precedent
including the CJC. CJC Rule 1.1. A conviction is not
required for a judge to be considered to have
violated this rule
if a judge refuses to follow or
other mandatory authority.
8. A judge is required to act at all times in a
manner that promotes public confidence in the ethical
independence, integrity, and impartiality of the
judiciary. CJC Rule 1.2. The CJC indicates that
judges should participate in activities that
promote conduct
among judges and lawyers, support
professionalism within the judiciary and the legal
profession, and promote access to justice for all.
9. The CJC also provides that a judge should initiate
and participate in community outreach activities
for the purpose of promoting public confidence
understanding of and
in the administration of justice. In
con- ducting such activities, a judge is required
to act in a manner consistent with the CJC. CJC
Rule 1.2 cmt. 6
10. Independence
2/
38
, MPRE Sections 12-End, Judicial Ethics Complete Test.
CJC Canon 1: , Integrity, and
Impartiality of the Judiciary
11. CJC Rule 1.1: With the Law Compliance
12. CJC Rule 1.2: Confidence in the Judiciary Promoting
13. CJC Rule 1.3: Avoiding of the Prestige Abuse
of Judicial Office
14. A judge is required to avoid both impropriety and the appearance
of impropriety.
15. The test for the appearance of impropriety is whether
honesty the conduct would create, in reasonable
minds, a per- ception that the judge violated the CJC or
engaged in
other conduct that reflects adversely on the judge's
, impartiality, temperament, or
fitness to serve as a judge.
16. A judge must not abuse the prestige of judicial improper
office to advance the personal or economic
interests of the judge or others or allow others to
do so. CJC Rule 1.3. It is for a judge to use or
attempt to use her position in order to gain
personal advantage or deferential treatment of
any kind.
17. It would be improper for a judge to allude to
her judicial status in order to attempt to gain traflc
favorable treatment in encounters with officials
18. A judge is permitted to provide a reference or recom-
letterhead mendation for an individual based upon the
judge's personal knowledge. While a judge must not use
ju-
3/
38
, MPRE Sections 12-End, Judicial Ethics Complete Test.
dicial letterhead to gain an advantage in conduct- ing
his personal business, the judge may use official
for a reference for someone else if the judge
indicates that the reference is personal and if
there is no likelihood that the use of the
letterhead would reasonably be perceived as an
attempt to use the judge's official position to
exert pressure.
control
19. If a judge writes or contributes to a publication of
a for-profit entity, whether or not related to the
law, the judge should not permit anyone
associated with the publication to exploit the
judge's office in a manner that violates the CJC or
other applicable law. A judge should retain
sufficient over advertis-
ing in any contract for publication of a judge's
writing to avoid such exploitation.
20. A judge is permitted to participate in the process
selection
of judicial by cooperating with
appointing authorities and screening committees.
A judge may also respond to inquiries from these
entities concern- ing the professional
qualifications of a person being considered for
judicial office.
21. A judge is required to perform the duties of judicial of- impartially
fice , competently, and diligently.
CJC Canon 2.
22. As prescribed by law, the duties of judicial office precedence
are required to take over all of a
judge's personal and extrajudicial activities.
23. fairly
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38
