Judicial Ethics Advisory Opinion Summaries Index Through December

Transcription

1 Judicial Ethics Advisory Opinion Summaries 2015 Index Through December The Center for Judicial Ethics web-site has links to judicial ethics advisory opinions at COURT MANAGEMENT Indiana Advisory Opinion (fees for wedding ceremonies) (8/15) Louisiana Advisory Opinion 266 (2015) (grants to purchase office equipment) (12/15) New York Advisory Opinion (meetings with public administrator and court personnel) (2/15) New York Advisory Opinion (court stationery for correspondence in pro se proceeding to expunge lien litigant filed against property) (2/15) New York Advisory Opinion (collection bins for charitable clothing drive in courtroom) (8/15) New York Advisory Opinion (newly elected official using ceremonial courtroom for swearing-in) (8/15) New York Advisory Opinion (supplying factual information to newspaper (8/15) New York Advisory Opinion (exercise program as part of treatment court program) (8/15) New York Advisory Opinion (posting procedure for resolving ticket on court system s web-site) (4/15) New York Advisory Opinion (delegating to clerk authority to impose predetermined fine for traffic infractions) (12/15) New York Advisory Opinion (allowing student to record court session) (8/15) Pennsylvania Informal Advisory Opinion 10/23/2012 (invoices for legal fees) (2/15) Pennsylvania Informal Advisory Opinion 5/16b/2013 (lawyer asked assignment judge not to assign cases to judge) (10/15)

2 Washington Advisory Opinion (thank you letter to jurors) (4/15) CASE MANAGEMENT New York Advisory Opinion (determination court does not have jurisdiction) (4/15) New York Advisory Opinion (plea bargain contradicts prosecution s prior statement) (6/15) New York Advisory Opinion (signing order in case from which judge is disqualified) (4/15) New York Advisory Opinion (approving plea bargains that would require defendants to contribute money to programs district attorney chooses) (4/15) New York Advisory Opinion (plea agreement that includes participation in traffic ticket diversion program) (10/15) New York Advisory Opinion (delegating to clerk authority to impose predetermined fine for traffic infractions) (12/15) New York Advisory Opinion (allowing student to record court session) (8/15) North Carolina Formal Advisory Opinion (waiver of counsel) (12/15) CHIEF JUDGE/PRESIDING JUDGE California Informal Advisory Opinion (spouse of appellate justice working as chambers attorney; presiding justice reporting justice; presiding justice signing time sheets) (4/15) Pennsylvania Informal Advisory Opinion 8/17b/2011 (playing in fund-raising golf tournament, donating money to organization that appears in court as advocate, president judge or administrative judge responsibility) (2/15) Pennsylvania Informal Advisory Opinion 6/5/2012 (president judge, administrative judge, or supervising judge received complaint against other judges) (2/15) 2

3 DISCLOSURE OF NON-PUBLIC INFORMATION Florida Advisory Opinion (disclosing non-public information that came up in a non-public domestic violence injunction case to a party s employers) (4/15) West Virginia Advisory Opinion (June 4, 2015) (fugitive s cell phone number and address) (10/15) APPOINTMENTS New York Advisory Opinion (appointing law school s pro bono clinical program to fiduciary positions and awarding appropriate fees) (8/15) New York Advisory Opinion (appointing partner of firm where judge was of counsel 5 years ago and tenant) (10/15) New York Advisory Opinion (appointment of first-degree relative as town court clerk) (10/15) North Carolina Formal Advisory Opinion (family member is attorney; appointing family members and colleagues) (12/15) SAME-SEX MARRIAGE Arizona Advisory Opinion (2/15) Louisiana Advisory Opinion 263 (2015) (8/15) Nebraska Advisory Opinion (6/15) Ohio Advisory Opinion (8/15) Pennsylvania Informal Advisory Opinion 8/21/2013 (solemnizing marriage between same-sex persons who have marriage license) (10/15) Wisconsin Advisory Opinion (8/15) EX PARTE COMMUNICATIONS Indiana Advisory Opinion (ex parte petition for temporary guardianships) (4/15) 3

4 Missouri Advisory Opinion 185 (2014) (investigating prior court records of DWI defendants) (2/15) Nevada Advisory Opinion JE (communication re resolution of traffic citation) (10/15) New York Advisory Opinion (asking another court to condition disposition of case on payment of parking fines or surcharges) (10/15) New York Advisory Opinion (reviewing defendant s driving history before accepting or rejecting proposed plea agreement) (8/15) New York Advisory Opinion (conversation at bar association function with counsel in pending case) (8/15) Pennsylvania Informal Advisory Opinion 12/8/2011 (mistakenly reviewed ex parte communication concerning criminal defendant) (2/15) STAFF DISQUALIFICATION New York Advisory Opinion (law firm that employs spouse and first-degree relative of principal court attorney) (6/15) New York Advisory Opinion (court clerk s second degree relative appears as attorney) New York Advisory Opinion (law firm representing bank that employs law clerk s 4th degree relative) (2/15) New York Advisory Opinion (law clerk personally involved in case while employed by government law office) (8/15) New York Advisory Opinion (attorney for whom court employee provided transcription services) (10/15) New York Advisory Opinion (court attorney elected as district attorney) (10/15) South Carolina Advisory Opinion (attorney is father of law clerk or father s law partner) (4/15) 4

5 STAFF TWO JOBS Pennsylvania Informal Advisory Opinion 1/5/2012 (employee appointed to policymaking position in executive branch of local government) (2/15) Washington Advisory Opinion (court employee owning medical marijuana business) (8/15) STAFF POLITICAL CONDUCT Pennsylvania Informal Advisory Opinion 9/14/2012 (law clerk running for magisterial district judge) (2/15) STAFF NEPOTISM Florida Advisory Opinion (judicial assistant marries judge s child) (8/15) Louisiana Advisory Opinion 262 (2015) (employing secretary after she marries stepson) (6/15) STAFF POST-CLERKSHIP EMPLOYMENT New York Advisory Opinion (law clerk is seeking post-clerkship employment) (6/15) STAFF COMMUNITY ACTIVITY New York Advisory Opinion (court attorney serving on board of non-profit organization that provides services to low-income residents) (8/15) New York Advisory Opinion (clerk serving on advisory committee to develop mediation program) (10/15) DISCIPLINARY RESPONSIBILITIES/REPORTING CRIMINAL CONDUCT Connecticut Informal Advisory Opinion (reporting lawyer) (2/15) 5

6 Connecticut Informal Advisory Opinion (reporting attorney) (4/15) New York Advisory Opinion (reporting another judge) (2/15) New York Advisory Opinion (reporting attorney; testifying about execution of family member s testamentary instrument) (4/15) New York Advisory Opinion (disciplinary responsibilities) (6/15) New York Advisory Opinion (reporting attorney s misconduct) (12/15) Pennsylvania Informal Advisory Opinion 10/17/2011 (lawyer visibly intoxicated in courtroom) (2/15) Pennsylvania Informal Advisory Opinion 7/2/2013 (criminal defendant claims she was required to perform sexual favors by lawyer who represented her in case before judge) (10/15) Pennsylvania Informal Advisory Opinion 8/13/2013 (president judge has received complaint on Judicial Conduct Board s form) (10/15) DISQUALIFICATION FAMILY MEMBER IS GOVERNMENT OFFICIAL New York Advisory Opinion (spouse is village trustee) (6/15) New York Advisory Opinion (spouse works for councilperson) (6/15) DISQUALIFICATION FAMILY MEMBER EMPLOYED BY PROSECUTOR OR LAW ENFORCEMENT Louisiana Advisory Opinion 267 (2015) (husband is captain in sheriff s office) (12/15) Nebraska Advisory Opinion (clerk magistrate married to patrol officer) (10/15) New Mexico Advisory Opinion (spouse is compliance officer) (2/15) New York Advisory Opinion (second degree relative is deputy dog control officer) (8/15) 6

7 Pennsylvania Informal Advisory Opinion 1/20b/2012 (boards of non-profit organizations; interest in building with law firm tenants; assistant district attorney related by marriage to relative not within third degree) (2/15) DISQUALIFICATION FAMILY RELATIONSHIP TO ATTORNEY California Informal Advisory Opinion (counsel is landlord for law firm that employs spouse as associate) (4/15) Connecticut Informal Advisory Opinion (law firm where adult child works as paralegal) (10/15) Connecticut Informal Advisory Opinion (firm with which spouse s firm feesplitting agreement) (12/15) Louisiana Advisory Opinion 264 (2015) (uncle and former law partner, cousins) (8/15) New York Advisory Opinion (spouse s former law firm) (10/15) New York Advisory Opinion (attorneys from firm where nephew is associate) (12/15) North Carolina Formal Advisory Opinion (family member is attorney; appointing family members and colleagues) (12/15) Oklahoma Advisory Opinion (child is counsel for personal representative in probate matter) (6/15) South Carolina Advisory Opinion (clerk s cousin is prosecuting officer) (10/15) Vermont Advisory Opinion (first cousin once removed appears as state s attorney) (8/15) DISQUALIFICATION ANTAGONISTIC RELATIONSHIP WITH PARTY OR ATTORNEY Connecticut Informal Advisory Opinion (aware of lawsuit or complaint filed against him) (12/15) Florida Advisory Opinion (former law partner of former spouse) (2/15) 7

8 New York Advisory Opinion (reported attorney; testifying about execution of family member s testamentary instrument) (4/15) New York Advisory Opinion (sovereign citizen who filed complaint) (4/15) New York Advisory Opinion (complaint against another judge resulted in public discipline) (2/15) New York Advisory Opinion (disqualification in other cases involving litigant) (6/15) New York Advisory Opinion (attorneys, experts in judge s matrimonial action) (10/15) New York Advisory Opinion (attorneys whose complaints resulted in discipline) (6/15) New York Advisory Opinion (former close personal friend) (10/15) New York Advisory Opinion (court referee advised judge about attorney misconduct) (10/15) Pennsylvania Informal Advisory Opinion 10/15/2012 (child accepts informal adjustment in juvenile matter) (2/15) West Virginia Advisory Opinion (August 6, 2015) (assistant prosecutor running against judge) (10/15) West Virginia Advisory Opinion (August 6, 2015) (removed assistant public defender from case) (10/15) DISQUALIFICATION ATTORNEY REPRESENTING JUDGE OR FAMILY MEMBER New York Advisory Opinion (matrimonial action) (10/15) New York Advisory Opinion (attorney representing child in unrelated action) (6/15) New York Advisory Opinion (associates of attorney who represented judge in matrimonial matter) (8/15) 8

9 Pennsylvania Informal Advisory Opinion 12/29/2011 (lawyer who represented judge in civil matter) (2/15) West Virginia Advisory Opinion (attorneys who represented judge) (2/15) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP WITH ATTORNEY California Informal Advisory Opinion (law school clinical program at university where judge teaches undergraduate class) (4/15) Kansas Advisory Opinion 183 (2015) (attorney is member of county commission that sets court budget) (8/15) New York Advisory Opinion (prosecutor who maintains office space in same building as judge) (2/15) New York Advisory Opinion (former associate) (4/15) New York Advisory Opinion (attorney judge asked to support candidacy at judicial nominating convention decade ago) (4/15) New York Advisory Opinion (attorney who served as reference for appointment) (10/15) Pennsylvania Formal Advisory Opinion (relationships with litigants and lawyers) (10/15) DISQUALIFICATION RELATIONSHIP TO CO-JUDGE New York Advisory Opinion (child of co-judge) (4/15) New York Advisory Opinion (co-judge s spouse appears as assistant district attorney) (8/15) New York Joint Advisory Opinion / (co-judge s spouse has served, or may serve, as social worker for defendant) (8/15) New York Advisory Opinion (co-judge s child as attorney) (8/15) New York Advisory Opinion (co-judge s spouse) (10/15) 9

10 DISQUALIFICATION NON-FAMILIAL RELATIONSHIP WITH PARTY New York Advisory Opinion (formerly employed at local high school) (8/15) New York Advisory Opinion (cases involving union that represents part-time judge) (6/15) Pennsylvania Formal Advisory Opinion (relationships with litigants and lawyers) (10/15) DISQUALIFICATION FORMER CLIENT, PARTNER, LAW FIRM California Judges Association Formal Ethics Opinion 69 (2015) (judge was defense attorney or prosecutor for prior conviction) (8/15) Maryland Ethics Opinion Number (previously provided legal advice and assistance to pro se litigant) (6/15) New York Advisory Opinion (district attorney is former associate of law firm) (8/15) New York Advisory Opinion (client or former client of former law firm) (10/15) New York Advisory Opinion (employed with prosecutor s office that obtained conviction after individual s release) (6/15) Pennsylvania Informal Advisory Opinion 1/16/2013 (former affiliation with lawyers or law firm) (10/15) Pennsylvania Informal Advisory Opinion 5/30b/2013 (attorney who was law partner) (10/15) West Virginia Advisory Opinion (April 6, 2015) (juveniles whose parents judge represented in abuse and neglect cases) (10/15) West Virginia Advisory Opinion (July 27, 2015) (part-time associate attorney from former law firm) (10/15) 10

11 DISQUALIFICATION FORMER GOVERNMENT ATTORNEY California Formal Advisory Opinion (former deputy district attorney) (2/15) California Judges Association Formal Ethics Opinion 69 (2015) (defense attorney or prosecutor for prior conviction) (8/15) New Mexico Advisory Opinion (former deputy district attorney) (2/15) New York Advisory Opinion (former municipal attorney) (2/15) New York Advisory Opinion (previously employed as supervising attorney in agency) (2/15) Pennsylvania Informal Advisory Opinion 5/22/2013 (worked in district attorney's office) (10/15) DISQUALIFICATION MISCELLANEOUS FAMILY RELATIONSHIPS New York Advisory Opinion (first-degree relative is social worker) (8/15) New York Advisory Opinion (defendants likely to be referred to program run by spouse) (10/15) New York Advisory Opinion (spouse is director of chamber of commerce) (8/15) New York Advisory Opinion (relative also arrested in protests) (6/15) New York Joint Advisory Opinion and (first-degree relative killed by driver charged with DUI or judge was victim of domestic violence) (10/15) New York Advisory Opinion (parties have engaged in unrelated, occasional, discrete business transactions with parents corporation) (12/15) New York Advisory Opinion (insurance company that represented judge or relative) (6/15) DISQUALIFICATION MISCELLANEOUS California Oral Advice Summary (amicus curiae brief filed by organization in which justice is member) (12/15) 11

12 California Oral Advice Summary (member of specialty women s bar association) (12/15) California Oral Advice Summary (rule of necessity) (12/15) Florida Advisory Opinion (defendant 5 years ago in residential foreclosure action) (12/15) Hawaii Advisory Opinion (part-time judge s practice; full-time judge s disqualification) (6/15) Kentucky Advisory Opinion JE-127 (2015) (waiver procedure) (12/15) New York Advisory Opinion (criminal case in which defendant and alleged victim are attorneys) (2/15) New York Advisory Opinion (unsolicited call from law firm s recruitment director concerning post-judicial employment) (2/15) New York Advisory Opinion (judge is defendant in criminal case involving domestic violence charges) (4/15) New York Advisory Opinion (family court matters involving parents who previously appeared in child custody proceeding) (2/15) New York Advisory Opinion (disqualified from assigning cases) (2/15) New York Advisory Opinion (tax certiorari cases involving judge s own building, other tax certiorari cases brought by same law firm) (8/15) New York Advisory Opinion (civil action after testifying in related criminal proceeding) (4/15) New York Advisory Opinion (insurance company that represented judge or relative) (6/15) New York Advisory Opinion (de minimis interest in large corporate parties) (10/15) West Virginia Advisory Opinion (January 29, 2015) (bail bondsmen to whom judge is selling property) (4/15) 12

13 WRITING Connecticut Informal Advisory Opinion (dinner invitation from commercial publisher) (12/15) New York Advisory Opinion (article about pending litigation) (4/15) New York Advisory Opinion (profiled in publication) (4/15) New York Advisory Opinion (co-authoring treatise on specialized area of law) (10/15) New York Advisory Opinion (promoting book) (12/15) Pennsylvania Informal Advisory Opinion 2/3b/2012 (thank you letter to criminal defense lawyer for writing letter to newspaper) (2/15) West Virginia Advisory Opinion (August 6, 2015) (seeking voluntary recusal) (10/15) TEACHING, ATTENDING, PARTICIPATING IN EDUCATION PROGRAMS California Oral Advice Summary (appellate attorneys speaking at program for appellate justices) (12/15) Florida Advisory Opinion (1-day training session for judges, magistrates, and court staff on how to deal with domestic violence issues) (4/15) Florida Advisory Opinion (presentation to summer law clerks of former law firm) (4/15) New York Advisory Opinion (speaking engagement for board of medical facility) (6/15) New York Advisory Opinion (out-of-state conference on women and justice, cosponsored by law school, limited liability company, and law firm) (8/15) New York Advisory Opinion (bar association CLE program panelist) (6/15) New York Advisory Opinion (college s program on perceptions and realities of criminal justice system) (12/15) 13

14 New York Advisory Opinion (paid, part-time adjunct professor at private law school, board of private, non-profit school child attends, academic affairs committee audit committee, condominium board, bar association committee dealing with criminal procedure and advocacy) (10/15) Pennsylvania Informal Advisory Opinion 8/22/2011 (speaker at legal education conference) (2/15) Pennsylvania Informal Advisory Opinion 12/21/2011 (adjunct professor at university; joining investment club) (2/15) Pennsylvania Informal Advisory Opinion 1/20a/2012 (teaching course on local government to graduate and undergraduate students) (2/15) Pennsylvania Informal Advisory Opinion 2/3a/2012 (law school program to teach students certain principles) (2/15) Pennsylvania Informal Advisory Opinion 5/2/2013 (addressing medical malpractice seminar held in offices of defense-oriented law firm) (10/15) Pennsylvania Informal Advisory Opinion 6/13/2013 (conference of leaders of business, civic, and governmental organizations) (10/15) Pennsylvania Informal Advisory Opinion 7/1/2013 (member of panel of judges at conference organized by association comprised only of lawyers on one side of certain types of litigation) (10/15) South Carolina Advisory Opinion (instructor at state criminal justice academy) (10/15) South Dakota Advisory Opinion (legal education seminar sponsored by for-profit entity) (4/15) West Virginia Advisory Opinion (citizen s law school) (2/15) TV & RADIO California Informal Advisory Opinion (documentary for public television on tribal justice systems in California) (4/15) Pennsylvania Informal Advisory Opinion 11/18/2011 (talk show for legal issues to discuss highly publicized pending case) (2/15) 14

15 Pennsylvania Informal Advisory Opinion 4/15a/2013 (hosting short television program regarding issues faced by veterans) (10/15) West Virginia Advisory Opinion (statement on public TV about significance of first female U.S. Senator) (2/15) COMMUNITY ACTIVITIES SERVICE ON BOARDS Connecticut Informal Advisory Opinion (charter school organization) (12/15) Florida Advisory Opinion (organization that assists persons previously convicted of crimes) (10/15) Florida Advisory Opinion (officer of organization that benefits families of law enforcement officers and firefighters) (12/15) Missouri Advisory Opinion 184 (2014) (executive committee of United Way) (2/15) New York Advisory Opinion (board of non-profit development corporation) (8/15) New York Advisory Opinion (A) (officer of religious institution, preaching sermon, administrative announcements, soliciting tithes or contributions, sermons broadcast) (10/15) Pennsylvania Informal Advisory Opinion 9/27/2011 (board of state university) (2/15) Pennsylvania Informal Advisory Opinion 12/2b/2011 (non-profit organization boards) (2/15) Pennsylvania Informal Advisory Opinion 12/19/2011 (board that will advise non-profit organization on certain allegations) (2/15) Pennsylvania Informal Advisory Opinion 1/17/2012 (advisory board of group of medical professionals) (2/15) Pennsylvania Informal Advisory Opinion 1/20b/2012 (boards of non-profit organizations; interest in building with law firm tenants; assistant district attorney related by marriage to relative not within third degree) (2/15) Pennsylvania Informal Advisory Opinion 6/14/2012 (AARP board) (2/15) 15

16 Pennsylvania Informal Advisory Opinion 10/11/2012 (board of agency that enforces certain laws) (2/15) Pennsylvania Informal Advisory Opinion 4/16/2013 (treasurer of synagogue) (10/15) Pennsylvania Informal Advisory Opinion 5/30a/2013 (attending meeting of Trial Lawyers Association, board of local chapter of the Jewish National Fund, name on stationery) (10/15) Pennsylvania Informal Advisory Opinion 7/30/2013 (member of house of delegates of Pennsylvania Bar Association) (10/15) Utah Informal Advisory Opinion (president of organization dedicated to advancing the social, political, and economic well-being of specific ethnic group) (12/15) COMMUNITY ACTIVITIES BOY SCOUTS California Oral Advice Summary (Boy Scout-sponsored eagle scout alumni organization) (12/15) California Oral Advice Summary (scoutmaster for church-sponsored Boy Scouts troop) (12/15) Connecticut Informal Advisory Opinion A (volunteer positions in Boy Scouts) (10/15) Connecticut Informal Advisory Opinion B (regional council of Boy Scouts and Archdiocese Committee on Scouting) (10/15) COMMUNITY ACTIVITIES PARTICIPATION IN FUND-RAISING EVENT Florida Advisory Opinion (walk/run fund-raiser sponsored by bar association) (4/15) New York Advisory Opinion (model at fund-raising fashion show) (6/15) Pennsylvania Informal Advisory Opinion 8/17b/2011 (playing in fund-raising golf tournament, donating money to organization that appears in court as advocate, president judge or administrative judge responsibility) (2/15) 16

17 Pennsylvania Informal Advisory Opinion 9/7/2011 (opportunity to sit in courtroom and meet with judge privately as prize in fund-raising auction) (2/15) Pennsylvania Informal Advisory Opinion 7/17/2012 (bar association notice for fundraising event identifying judge by name and title) (2/15) Pennsylvania Formal Advisory Opinion (organization that practices invidious discrimination, participation in fund-raising event) (8/15) Pennsylvania Formal Advisory Opinion (attendance at or participation in fundraising events) (10/15) Pennsylvania Informal Advisory Opinion 4/23/2013 (dinner with ad booklet) (10/15) Pennsylvania Informal Advisory Opinion 5/13a/2013 (learns event was fund-raiser after agreeing to accept award) (10/15) Pennsylvania Informal Advisory Opinion 7/8/2013 (drawing winning raffle tickets at school district fund-raiser) (10/15) Washington Advisory Opinion (judging "Battle of Lawyer Bands" for fund-raising event) (12/15) COMMUNITY ACTIVITIES RECEIVING AWARDS Connecticut Informal Advisory Opinion (award at non-law-related, non-fundraising event) (4/15) Florida Advisory Opinion (award at luncheon if program advertisements are sold to raise funds) (2/15) New York Advisory Opinion (honored at law school s alumni association golf outing to raise money for scholarship fund) (2/15) New York Advisory Opinion (honor at fund-raising dinner of a local chamber of commerce) (2/15) Pennsylvania Informal Advisory Opinion 10/11a/2011 (award at charitable event) (2/15) COMMUNITY ACTIVITIES OTHER PARTICIPATION IN FUND-RAISING 17

18 California Oral Advice Summary (solicitation of judges) (12/15) California Oral Advice Summary (testimonial letter recommending national bar association program) (12/15) California Oral Advice Summary (chief justice of sovereign nation s tribal court soliciting) (12/15) California Oral Advice Summary (name and title used on scholarship) (12/15) Connecticut Informal Advisory Opinion (reception and concert co-sponsored by group that provides services to victims of court-involved clients) (4/15) Connecticut Informal Advisory Opinion (letter re co-parenting communication program) (10/15) Connecticut Informal Advisory Opinion (letter in support of Lawyers for Children America) (10/15) New York Advisory Opinion (suggesting wedding guests contribute to charity of their choice) (4/15) New York Advisory Opinion (promotional video for law school program) (2/15) New York Advisory Opinion (letter supporting substance abuse facility s application to become participating service provider for insurance purposes) (6/15) New York Advisory Opinion (committee that informs congregation of membership fee) (8/15) New York Joint Advisory Opinion / (attending fund-raising event for non-profit organization that provides services to victims of domestic abuse and child abuse; attending non-fund-raising breakfast organized by consortium of domestic violence agencies) (8/15) New York Advisory Opinion (judge withdrew as honoree at school fund-raiser) (8/15) New York Advisory Opinion (listed on invitation to organization s fund-raiser) (12/15) Pennsylvania Informal Advisory Opinion 10/24/2011 (recruiting members of religious organization for committee to solicit funds) (2/15) 18

19 Pennsylvania Informal Advisory Opinion 5/18b/2012 (request persons attending retirement celebration to contribute to charity) (2/15) Pennsylvania Informal Advisory Opinion 4/21/2013 (seeking foundation funding for oral history project about certain judges and lawyers) (10/15) Pennsylvania Informal Advisory Opinion 7/18/2013 (letter of recommendation for consulting organization) (10/15) COMMUNITY ACTIVITIES GOVERNMENT COMMISSIONS Kansas Advisory Opinion JE 182 (2015) (protection order judicial workgroup of coalition against sexual and domestic violence) (6/15) New York Advisory Opinion (county-wide traffic diversion program) (6/15) West Virginia Advisory Opinion (September 1, 2015) (appointment to U.S. Commission on Civil Rights State Advisory Committee) (10/15) COMMUNITY ACTIVITIES MISCELLANEOUS California Oral Advice Summary (compliance officer concerning overcrowding in state prison system) (12/15) Connecticut Informal Advisory Opinion (statements at town meeting regarding closed school) (4/15) Connecticut Emergency Staff Opinion (grand marshal of ethnic day parade) (10/15) Illinois Advisory Opinion ( ride along program) (12/15) New York Advisory Opinion (not-for-profit organization honoring fallen police officers, firefighters, and emergency medical personnel) (2/15) New York Advisory Opinion (joining fraternal organization for retired and active law enforcement officers) (4/15) New York Advisory Opinion (financial contributions to charitable organizations) (4/15) 19

20 New York Advisory Opinion (NAACP Legal Defense Fund co-sponsoring judicial association event) (6/15) New York Advisory Opinion (approving plea bargains that would require defendants to contribute money to programs district attorney chooses) (4/15) New York Advisory Opinion (using official court mailing address, telephone number, and address to conduct bar association business) (4/15) New York Advisory Opinion (court attorney-referee permitting religious institution to hold non-fund-raising event in her honor) (2/15) New York Advisory Opinion (playing in band; donating time) (4/15) New York Advisory Opinion (dispute mediation service s volunteer recognition dinner) (12/15) New York Advisory Opinion (contributing to Planned Parenthood) (12/15) New York Advisory Opinion (National Day of Prayer event) (12/15) New York Advisory Opinion (non-profit organization that promotes culture of particular religion) (8/15) Pennsylvania Informal Advisory Opinion 11/3/2011 (gift to law school) (2/15) Pennsylvania Informal Advisory Opinion 11/7/2011 (interview for law school alumni magazine) (2/15) Pennsylvania Informal Advisory Opinion 5/18a/2012 (participating in project to reduce violence) (2/15) Pennsylvania Informal Advisory Opinion 4/15b/2013 (bar association installation of officers' dinner at association s expense) (10/15) ABA Formal Advisory Opinion 470 (2015) (encouraging pro bono participation) (6/15) JUDGES ASSOCIATION New York Advisory Opinion (magistrates association supporting resolution regarding law to increase money reimbursed to towns and villages) (8/15) New York Advisory Opinion (magistrates association expressing position on 20

21 legislation addressing disparity in distribution of monies collected by courts) (8/15) MILITARY SERVICE West Virginia Advisory Opinion (JAG officer) (2/15) NEW JUDGE Connecticut Informal Advisory (accumulated funds in retirement plan set up by former law firm) (6/15) New York Advisory Opinion (former law firm removing judge s name from signage, letterhead, other materials) (8/15) West Virginia Advisory Opinion (July 30, 2015) (name on letterhead of former law firm, continuing name for tax purposes, doing work in offices, using law firm s exercise equipment) (10/15) NEW JUDGE -- FEES Florida Advisory Opinion (fee for case judge referred to law firm) (8/15) Pennsylvania Informal Advisory Opinion 9/29a/2011 (referral fee) (2/15) Pennsylvania Informal Advisory Opinion 6/11/2012 (legal fees earned before becoming judge) (2/15) 21

22 FAMILY ISSUES POLITICAL CONDUCT Pennsylvania Informal Advisory Opinion 1/23/2012 (spouse participating in campaign of another person for office) (2/15) FAMILY ISSUES California Informal Advisory Opinion (spouse of appellate justice working as chambers attorney; presiding justice reporting justice; presiding justice signing time sheets) (4/15) Connecticut Emergency Staff Opinion (adult child has case against hospital) (4/15) Florida Advisory Opinion (deceased spouse s solo law practice) (4/15) New York Advisory Opinion (spouse is village trustee) (6/15) New York Advisory Opinion (spouse works for councilperson) (6/15) New York Advisory Opinion (prohibiting spouse s real estate corporation from renting storefront to partisan political organization) (8/15) New York Advisory Opinion (appointment of first-degree relative as town court clerk) (10/15) New York Advisory Opinion (spouse as real estate broker) (12/15) Pennsylvania Informal Advisory Opinion 9/23/2011 (attending proceeding at which spouse's former law partner will plead guilty) (2/15) Pennsylvania Informal Advisory Opinion 10/15/2012 (child accepts informal adjustment in juvenile matter) (2/15) West Virginia Advisory Opinion (February 20, 2015) (husband working as process server) (4/15) West Virginia Advisory Opinion (March 10, 2015) (partner of magistrate assistant serving as bail bondsman) (4/15) GIFTS 22

23 New York Advisory Opinion (gift valued under $150 from sports team) (10/15) New York Advisory Opinion (complimentary admission from bar association to law-related conference) (6/15) New York Advisory Opinion (guest of law firm at bar association s annual dinner) (8/15) New York Advisory Opinion (costs of lodging associated with performing out-oftown wedding for friend) (6/15) Pennsylvania Informal Advisory Opinion 12/1/2011 (pro bono counsel in appeal from decision not to recuse) (2/15) Pennsylvania Informal Advisory Opinion 2/7/2012 (gift of money from long-time family friend) (2/15) Pennsylvania Informal Advisory Opinion 2/28/2012 (gift certificates from former law firm) (2/15) REAL ESTATE Kansas Advisory Opinion 184 (2015) (purchasing foreclosed property) (12/15) New York Advisory Opinion (property part of decedent s estate) (4/15) New York Advisory Opinion (real estate purchase contract with police officer terminated without sale) (8/15) Pennsylvania Informal Advisory Opinion 1/20b/2012 (boards of non-profit organizations; interest in building with law firm tenants; assistant district attorney related by marriage to relative not within third degree) (2/15) Pennsylvania Informal Advisory Opinion 3/5/2012 (investing in real estate in which most of tenants are law firms) (2/15) FINANCIAL CONDUCT Louisiana Advisory Opinion 265 (2015) (driving school; tag agency) (12/15) 23

24 New York Advisory Opinion (investment club with cousins) (2/15) New York Advisory Opinion (becoming notary public) (4/15) Pennsylvania Informal Advisory Opinion 12/21/2011 (adjunct professor at university; joining investment club) (2/15) Pennsylvania Informal Advisory Opinion 2/21/2012 (for-profit board) (2/15) Pennsylvania Informal Advisory Opinion 10/16/2012 (brokering sale of real estate) (2/15) Pennsylvania Informal Advisory Opinion 5/20/2013 (ownership interest in for-profit group that stages events) (10/15) South Carolina Advisory Opinion (reporting on financial disclosure form that lawyer assumed mortgage payments on office property owned) (4/15) 24

25 FIDUCIARY ACTIVITIES Pennsylvania Informal Advisory Opinion 5/29/2012 (executor of wills prepared while practicing law) (2/15) West Virginia Advisory Opinion (special commissioner in land sale of real property) (2/15) REFERENCES/RECOMMENDATIONS/CHARACTER WITNESS Connecticut Informal Advisory Opinion (reference for re-certification of attorney by National Board of Trial Advocacy) (6/15) Connecticut Informal Advisory Opinion (letter of reference to attorney general s office for temporary assistant clerk) (6/15) Connecticut Emergency Staff Opinion (reference for attorney seeking certification by National Association of Counsel for Children) (6/15) Minnesota Advisory Opinion (certifying U-visa petitioner was helpful) (6/15) New Mexico Advisory Opinion (judge may provide a recommendation directly to the appointing authority (the governor) or the judicial nominating commission in support of candidates for judicial appointment) (2/15) New York Advisory Opinion (testimonial for former campaign manager; name listed on fund-raising brochure) (2/15) New York Advisory Opinion (reference for defendant/participant in problemsolving court) (10/15) New York Advisory Opinion (sharing experience with summer camp) (8/15) New York Advisory Opinion (name as reference on application nominating court attorney for award) (4/15) New York Advisory Opinion (subpoenaed to testify as character witness) (12/15) Oklahoma Advisory Opinion (letter on behalf of relative found guilty) (8/15) 25

26 Pennsylvania Informal Advisory Opinion 9/29b/2011 (letter of recommendation to Board of Law Examiners) (2/15) Pennsylvania Informal Advisory Opinion 9/29c/2011 (letter of reference for position with court) (2/15) Pennsylvania Informal Advisory Opinion 8/7/2012 (letter in support of licensed professional judge has known for many years) (2/15) Pennsylvania Formal Advisory Opinion (letters of reference) (4/15) Pennsylvania Informal Advisory Opinion 5/1/2013 (letter to disciplinary board on behalf of lawyer) (10/15) Pennsylvania Informal Advisory Opinion 6/28/2013 (letter of recommendation to Board of Law Examiners on behalf of recent graduate) (10/15) Pennsylvania Informal Advisory Opinion 8/23/2013 (letter to pardons board in support of distant relative) (10/15) West Virginia Advisory Opinion (listed as reference for judicial appointment) (2/15) West Virginia Advisory Opinion (December 15, 2014) (listed as reference on application of candidate for judicial vacancy) (4/15) LEGAL ADVICE New York Advisory Opinion (judicial hearing officer participating in bar association s pro bono help desk) (8/15) SOCIAL EVENTS Connecticut Emergency Staff Opinion (firm s holiday party) (12/15) Pennsylvania Informal Advisory Opinion 9/19/2012 (social event celebrating non-legal event for former law clerk) (2/15) Pennsylvania Informal Advisory Opinion 5/16a/2013 (attending dinner held by legal publication at which award will be given) (10/15) 26

27 Pennsylvania Informal Advisory Opinion 5/23/2013 (attending event sponsored by law firm to give award to former U.S. Supreme Court Justice O'Connor) (10/15) Pennsylvania Informal Advisory Opinion 5/30a/2013 (attending meeting of Trial Lawyers Association, board of local chapter of the Jewish National Fund, name on stationery) (10/15) Pennsylvania Informal Advisory Opinion 8/27/2013 (event sponsored by ward leaders; fact witness at hearing concerning towing of her car) (10/15) PERSONAL CONDUCT Connecticut Informal Advisory Opinion (statements at town meeting regarding closed school) (4/15) Connecticut Informal Advisory Opinion (contestant on The Amazing Race ) (4/15) Maryland Advisory Opinion Request (appearing before or consulting with local government bodies, officials, or agencies; attending public meetings) (4/15) Missouri Advisory Opinion 186 (2015) (social media) (4/15) New York Advisory Opinion (suggesting wedding guests contribute to charity of their choice) (4/15) New York Advisory Opinion (clearing snow from driveway of abandoned property) (8/15) New York Advisory Opinion (A) (officer of religious institution, preaching sermon, administrative announcements, soliciting tithes or contributions, sermons broadcast) (10/15) New York Advisory Opinion (B) (writing to American consulate regarding relatives visit) (8/15) New York Advisory Opinion (spouse s future legal fees as part of equitable distribution) (8/15) New York Advisory Opinion (use of land for Christmas tree lighting) (4/15) 27

28 New York Advisory Opinion (uncompensated interpreter for friend) (6/15) New York Advisory Opinion (sharing experience with summer camp) (8/15) North Carolina Formal Advisory Opinion (applying to foster or adopt child) (6/15) Pennsylvania Informal Advisory Opinion 3/20/2012 (meal hosted by union after memorial service) (2/15) Pennsylvania Formal Advisory Opinion (organization that practices invidious discrimination, participation in fund-raising event) (8/15) West Virginia Advisory Opinion (member of class action lawsuit) (2/15) SENIOR JUDGES Florida Advisory Opinion (senior judge may not mediate cases arising out of appeals from the circuit in which she presides) (6/15) Florida Advisory Opinion (senior judge serving as appellate mediator) (12/15) Minnesota Advisory Opinion (senior judges) (2/15) North Dakota Advisory Opinion (surrogate judge acting as private mediator) (6/15) PART-TIME JUDGES DISQUALIFICATION New York Advisory Opinion (provides advice to municipal attorneys) (8/15) New York Advisory Opinion (attorney with whom judge shares office space) (4/15) New York Advisory Opinion (DWI cases involving blood drawn at hospital) (6/15) New York Advisory Opinion (attorney is sibling of law firm associate) (12/15) New York Advisory Opinion (practice as solo practitioner; former law partner) (12/15) 28

29 PART-TIME JUDGES LAW PRACTICE Hawaii Advisory Opinion (part-time judge s practice; full-time judge s disqualification) (6/15) New York Advisory Opinion (staff attorney with legal aid) (2/15) New York Advisory Opinion (counsel for the labor union) (4/15) New York Advisory Opinion (full-time deputy county attorney) (4/15) New York Advisory Opinion (village justice presiding when village police officers appear) (8/15) New York Advisory Opinion (practice as solo practitioner; former law partner) (12/15) Washington Advisory Opinion (contract to provide part-time representation of legally-free children at dependency hearings) (10/15) West Virginia Advisory Opinion (attorney who works in same firm as mental hygiene commissioner) (2/15) West Virginia Advisory Opinion (February 23, 2015) (preparing wills and deeds; teaching at college level; draft rental agreements; performing legal work for county commission) (4/15) PART-TIME JUDGES NON-LEGAL EMPLOYMENT New York Advisory Opinion (village justice working as head automotive mechanic for county department of public works) (4/15) New York Advisory Opinion (employment as part-time treasurer of library financed by municipality) (8/15) New York Advisory Opinion (county emergency medical services coordinator) (8/15) New York Advisory Opinion (university employee soliciting contributions) (8/15) New York Advisory Opinion (tax collector) (10/15) 29

30 New York Advisory Opinion (community college peace officer, security officer) (12/15) New York Advisory Opinion (private company that provides risk and threat assessments) (12/15) PART-TIME JUDGES MISCELLANEOUS New York Advisory Opinion ( Hon. on law firm s web-site) (2/15) New York Advisory Opinion (part-time judge serving temporarily as full-time judge) (6/15) New York Advisory Opinion (governmental advisory committee on services for senior citizens) (8/15) Vermont Advisory Opinion (appointment to executive branch commission) (8/15) POLITICAL ACTIVITY Connecticut Informal Advisory Opinion (dinner in honor of recently retired politician) (2/15) Florida Advisory Opinion (political rally sponsored by chamber of commerce) (12/15) Maryland Advisory Opinion Request (appearing before or consulting with local government bodies, officials, or agencies; attending public meetings) (4/15) New York Advisory Opinion (non-judicial candidate uses photograph of several judges) (2/15) New York Advisory Opinion (expressing views on proposed transit changes) (4/15) New York Advisory Opinion (county executive s proposes to mention judge is satisfied user of public transportation system) (8/15) New York Advisory Opinion (objecting to use of letter judge wrote decades ago) 30

31 (8/15) New York Advisory Opinion (exploring interest in interim appointment to nonjudicial office) (12/15) New York Advisory Opinion (cancelled retirement party for judge organized by political party leader) (12/15) Pennsylvania Informal Advisory Opinion 8/15/2011 (speaking to organization of government officials) (2/15) Pennsylvania Informal Advisory Opinion 9/22/2011 (attending non-profit organization s event where honoree is officer of political party) (2/15) Pennsylvania Informal Advisory Opinion 10/4/2011 (attending event sponsored by union and attended by candidates) (2/15) Pennsylvania Informal Advisory Opinion 10/11b/2011 (election night party) (2/15) Pennsylvania Informal Advisory Opinion 5/1/2012 (congressperson's panel to recommend candidates for admission to military academies) (2/15) Pennsylvania Informal Advisory Opinion 8/27/2013 (event sponsored by ward leaders; fact witness at hearing concerning towing of her car) (10/15) CAMPAIGN CONDUCT Nevada Advisory Opinion JE (intent to circulate a recall petition filed against judge) (6/15) New York Advisory Joint Opinion / (candidate for supreme court under consideration for political party s nomination) (2/15) New York Advisory Opinion (campaign committee soliciting or accepting items for donation to charity) (6/15) New York Advisory Opinion (police officer seeking election or appointment to judicial office) (6/15) New York Advisory Opinion (retirement announcement creating vacancy) (6/15) New York Advisory Opinion (pro-choice or pro-life advocacy organization s interview process) (10/15) 31

32 New York Joint Advisory Opinions / (hiring persons to pass petitions for her campaign, paying campaign manager bonus contingent on victory) (10/15) New York Advisory Opinion (campaign committee on Facebook) (8/15) North Dakota Advisory Opinion (asking homeowner to put campaign sign in yard) (4/15) North Dakota Advisory Opinion (practicing law while judicial candidate) (4/15) Pennsylvania Informal Advisory Opinion 10/26/2012 (pre-general election gala of political party) (2/15) CAMPAIGN CONDUCT -- FINANCING Maryland Advisory Opinion Request (using campaign contributions from previous non-judicial campaign) (4/15) New York Advisory Opinion (rolling over funds from judicial campaigns) (4/15) New York Advisory Opinion (judicial candidate s personal guarantee to Paypal and credit card issuers) (12/15) Pennsylvania Informal Advisory Opinion 11/4/2011 (residual campaign funds) (2/15) Pennsylvania Informal Advisory Opinion 12/2a/2011 (post-election fund-raiser to retire campaign debt) (2/15) Pennsylvania Informal Advisory Opinion 5/13b/2013 (accepting in-kind contributions from relative, forming campaign committee, personally soliciting publicly stated support, forming campaign committee to organize volunteers, paying rent to volunteers who post campaign signs, forming campaign committee to spend the candidate's funds) (10/15) Pennsylvania Informal Advisory Opinion 4/15c/2013 (special guest at fund-raising event for judicial candidates; personally soliciting funds for campaign; honoree at political party's general fund-raising event) (10/15) 32