Judicial Ethics Advisory Opinion Summaries Index Through December

Transcription

1 Judicial Ethics Advisory Opinion Summaries 2013 Index Through December The Center for Judicial Ethics web-site has links to judicial ethics advisory opinions at COURT/CASE MANAGEMENT Arkansas Advisory Opinion (for-profit TV program) (4/13) California Supreme Court Committee Advisory Opinion (meeting with attorneys about budget cuts) (4/13) California Supreme Court Committee Advisory Opinion (disclosure on the record) (12/13) Colorado Advisory Opinion (selecting attorneys who are eligible for appointment as counsel for respondent parents) (4/13) Florida Advisory Opinion (groups or persons donating items for children to play with while in court) (2/13) Florida Advisory Opinion (securing volunteers for dependency court and guardian ad litem program) (6/13) Florida Advisory Opinion (public service announcements soliciting volunteers to serve as foster parents or adoptive families for children in the dependency system) (6/13) Florida Advisory Opinion (challenge coin) (12/13) Georgia Advisory Opinion 239 (2013) (public access to courtrooms) (8/13) Indiana Advisory Opinion 1-13 (variable pay arrangements) (6/13) Louisiana Advisory Opinion 251 (2013) (conference booklet with sponsors names and/or advertisements) (6/13) New York Advisory Opinion (maintaining independent web-site for court) (2/13) New York Advisory Opinion (attending victim impact panels) (2/13)

2 New York Advisory Opinion (using bonded armored car service to transport court funds to bank) (2/13) New York Advisory Opinion (spouse serves on board of court-sponsored mediation agency) (4/13) New York Advisory Opinion (party has filed ethics complaint against courtappointed expert) (4/13) New York Advisory Opinion (submitting decision to newspaper) (6/13) New York Advisory Opinion (critiquing attorney s performance after trial) (2/13) New York Advisory Opinion (bank did not credit deposit to court s account) (8/13) New York Advisory Opinion (memo regarding need for pay raises for court s employees) (4/13) New York Advisory Opinion (advising defendant of options) (12/13) New York Advisory Opinion (advertising for not-for-profit organizations willing to accept court placements) (12/13) New York Advisory Opinion (head-note style information about judicial decision) (12/13) New York Advisory Opinion (meeting privately with local political party about inner workings of court) (12/13) New York Joint Advisory Opinion /13-125/13-128/ (implementation of a new counsel-at-arraignment program for indigent defendants) (12/13) Utah Informal Advisory Opinion 12-2 (roster of service providers) (2/13) Washington Advisory Opinion 13-4 (unrepresented criminal defendant; absence of the prosecuting attorney) (8/13) Washington Advisory Opinion 13-5 (contract public defender does not provide effective representation) (8/13) West Virginia Advisory Opinion (February 23, 2012) (possible misappropriation of funds) (6/13) West Virginia Advisory Opinion (December 5, 2012) (envelope containing anonymous note and $20 bill) (6/13) 2

3 Wisconsin Advisory Opinion 13-1 (using attorney who regularly practices before judge to occasionally conduct legal research on per-hour basis) (2/13) EX PARTE COMMUNICATIONS California Judges Association Advisory Opinion 67 (2013) (monitoring internet for threats) (4/13) California Judges Association Advisory Opinion 68 (2013) (internet research) (4/13) New York Advisory Opinion (advice of disinterested expert on law) (4/13) Washington Advisory Opinion 13-7 (reviewing public and/or sealed records in on-line database) (10/13) DRUG COURT Arkansas Advisory Opinion (drug court judge cooperating with newspaper on series of articles) (4/13) Michigan Advisory Opinion JI-139 (2013) (honorary committee, general appeal, speaking at or receiving award at fund-raising event, name or title used; officer of charitable organization regularly engaged in adversary proceedings; organization to raise money for drug courts) (12/13) RELATIONSHIP WITH OTHER AGENCIES Maryland Advisory Opinion (voting to appoint new state s attorney) (6/13) New York Advisory Opinion (distributing district attorney s information packet) (2/13) New York Advisory Opinion (letter in support of municipality s application for grant to improve safety and accessibility of court) (2/13) New York Advisory Opinion (list of vehicle and traffic defendants reported to State Department of Motor Vehicles) (8/13) STAFF DISQUALIFICATION 3

4 New York Advisory Opinion (law clerk represented plaintiff in matter) (2/13) New York Advisory Opinion (attorney who represented defendant prior to trial now law clerk) (10/13) New York Advisory Opinion (attorney who employs court employee s nonlawyer relative) (10/13) New York Advisory Opinion (attorney who represents or has personal relationship with law clerk or secretary) (12/13) New York Advisory Opinion (summer intern s parent s law firm) (12/13) New York Advisory Opinion (partners or associates of law clerk s spouse) (12/13) STAFF TWO JOBS Nevada Advisory Opinion JE (court employees acting as pro tempore part-time judges) (8/13) New York Advisory Opinion (town justice court clerk serving as deputy supervisor) (2/13) New York Advisory Opinion 13-1 (town employee working in court office when court staff member is absent) (6/13) New York Advisory Opinion 13-3 (court clerk serving as town clerk) (10/13) New York Advisory Opinion (town supervisor serving as court security officer) (12/13) New York Advisory Opinion (assistant to police chief) (12/13) New York Advisory Opinion (town board member serving as security officer) (12/13) New York Advisory Opinion (constable serving as court security officer, court interpreter) (12/13) STAFF POLITICAL ACTIVITY 4

5 New York Advisory Opinion (clerk is district attorney s opponent in election) (10/13) West Virginia Advisory Opinion (February 23, 2012) (probation officer s wife is candidate for magistrate) (6/13) West Virginia Advisory Opinion (March 7, 2012) (law clerk contributing to campaign of out-of-state judge) (6/13) WRITING Maryland Advisory Opinion Request (introduction to book on area of state law) (12/13) New York Advisory Opinion 13-6 (pocket part up-date for for-profit legal publication) (8/13) New York Advisory Opinion (photograph in robe on book she has authored) (12/13) TEACHING, SPEAKING, ATTENDING, PARTICIPATION IN EDUCATION PROGRAMS, TALK SHOWS Connecticut Informal Advisory Opinion (speaking on law-related topic at TEDx conference) (8/13) Connecticut Formal Advisory Opinion (for-profit summit for Hispanic women s business community) (8/13) Connecticut Informal Advisory Opinion (enrichment event for Women s Caucus of Connecticut Trial Lawyers Association) (8/13) Connecticut Informal Advisory Opinion (speaking to law class about legislative and state budget process) (10/13) Connecticut Informal Advisory Opinion (foreclosure seminar hosted by mortgage bankers association) (12/13) Connecticut Informal Advisory Opinion (panel at non-profit trade media organization s annual meeting) (12/13) Maryland Advisory Opinion Request (talk show discussing cases in other states) (10/13) 5

6 New Mexico Advisory Opinion (mock trial to train law enforcement officers to testify in court proceedings) (2/13) New York Joint Advisory Opinions 12-62/12-69 (organization sponsoring education program is misusing judge s name) (2/13) New York Advisory Opinion (educational panel discussion about under-age drinking) (2/13) New York Advisory Opinion (keynote speaker, honoree, or awards recipient at for-profit awards banquet sponsored by publisher) (10/13) New York Advisory Opinion (conference of not-for-profit association of legal and financial professionals) (12/13) New York Advisory Opinion (interviewed for article in newspaper) (12/13) New York Advisory Opinion (lecturing at local correctional facility) (12/13) New York Advisory Opinion (law school course on highly publicized local criminal case) (12/13) New York Advisory Opinion (educational program sponsored by office of court administration and hosted by a law school and financed by donations from alumni, law firms, and businesses or business groups) (12/13) New York Advisory Opinion (bar CLE in courtroom) (12/13) DISQUALIFICATION FAMILY RELATIONSHIP TO ATTORNEY Arkansas Advisory Opinion (one of the attorneys is judge s cousin) (4/13) Arkansas Advisory Opinion (party represented by cousin) (6/13) Connecticut Informal Advisory Opinion (relative is first-year associate) (12/13) West Virginia Advisory Opinion (January 28, 2013) (law firm of daughter or her fiancé) (6/13) DISQUALIFICATION FAMILY MEMBER IS GOVERNMENT ATTORNEY 6

7 Georgia Advisory Opinion 238 (2013) (spouse serves as chief assistant district attorney) (4/13) New York Advisory Opinion (relative is attorney in county department that handles certain class of cases) (8/13) DISQUALIFICATION NEW JUDGE ISSUES Connecticut Informal Advisory Opinion (lawyer to whom new judge referred matters) (6/13) Connecticut Advisory Opinion (attorney to whom judge referred cases, who referred cases to her, and who used to meet her socially for lunch) (6/13) Illinois Advisory Opinion 13-2 (part-time assistant state s attorney with whom judge had been associated in private practice) (6/13) New York Advisory Opinion (prospective witness is former client) (12/13) DISQUALIFICATION CAMPAIGN RELATIONSHIP California Supreme Court Committee Advisory Opinion (aggregate contributions; law firm contributions over $1,500) (12/13) Florida Advisory Opinion (member of campaign committee is counsel) (10/13) New York Advisory Opinion (attorney participated in judge s campaign) (6/13) New York Advisory Opinion (campaign treasurer s law firm) (10/13) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO LAWYER Minnesota Advisory Opinion (professional relationships with lawyers) (10/13) New York Advisory Opinion (former judge) (2/13) York Advisory Opinion (retired appellate judge s former principal law clerk) (2/13) New York Advisory Opinion (solemnizing attorney s marriage) (4/13) 7

8 New York Advisory Opinion (relationship with attorney) (2/13) New York Advisory Opinion (current social relationship and prior professional relationship with state agency s general counsel) (4/13) New York Advisory Opinion (disqualification based on Facebook friendship) (6/13) New York Advisory Opinion (social relationship with attorney in law firm; former partner with law firm where law clerk was employed) (6/13) DISQUALIFICATION FAMILY RELATIONSHIP TO PARTY New York Advisory Opinion (party employs child) (2/13) New York Advisory Opinion (commercial tenants of children or stepchildren; account-holders at spouse s bank or financial services company; significant business dealings with her spouse s bank; not-for-profit entities that have received charitable gifts from spouse or the spouse s businesses) (4/13) New York Advisory Opinion (county is tenant of first-degree relative) (12/13) New York Advisory Opinion (litigant is the niece/nephew (by marriage) of first cousin (by marriage)) (12/13) West Virginia Advisory Opinion (October 25, 2012) (dating department of health and human resources supervisor) (6/13) DISQUALIFICATION ATTORNEY WHO REPRESENTS OR REPRESENTED JUDGE OR FAMILY MEMBER Florida Advisory Opinion (attorney consulted but not hired) (2/13) New Mexico Advisory Opinion 13-7 (firm of attorney who represented judge) (12/13) New York Advisory Opinion (law firm retained by judge s mother) (4/13) West Virginia Advisory Opinion (January 17, 2013) (attorneys who represented judge in prior legal matter) (6/13) DISQUALIFICATION FAMILY MEMBER IS LAW ENFORCEMENT OFFICER 8

9 In the Matter of Advisory Letter No of the Supreme Court Advisory Committee on Extrajudicial Activities, 61 A.3d 136 (New Jersey 2013) (police officers who serve in same police department as son) (4/13) New York Advisory Opinion (spouse is sergeant with sheriff s office; employment with health department s rabies prevention and treatment program) (12/13) West Virginia Advisory Opinion (December 17, 2012) (father is sheriff) (6/13) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO PARTICIPANT IN PROCEEDING (NOT ATTORNEY) Maryland Advisory Opinion (hospice program for which judge volunteers) (4/13) New York Advisory Opinion (judge has filed notice of claim against municipality) (2/13) New York Advisory Opinion (judge talked to litigant in capacity as employee of political party) (12/13) New York Advisory Opinion (village code enforcement is member of town board) (12/13) DISQUALIFICATION ANTAGONISTIC RELATIONSHIP TO ATTORNEY OR PARTY Connecticut Advisory Opinion (attorney who is member of the Judicial Review Council while complaint is pending) (12/13) New York Advisory Opinion (plaintiff/appellant in case in which judge is defendant/respondent) (2/13) New York Advisory Opinion (defendant in federal court in official capacity) (12/13) New York Advisory Opinion (litigant has complained to Commission) (12/13) New York Advisory Opinion (order of protection against individual for conduct during recent appearance) (12/13) New York Advisory Opinion (opponent in upcoming election) (12/13) 9

10 New York Advisory Opinion (testified at attorney s disciplinary hearing 8 years ago) (12/13) DISQUALIFICATION MISCELLANEOUS Colorado Advisory Opinion (interest in public employee retirement association that holds investments in bank; prior recusal of similarly situated judge; rule of necessity overrides) (8/13) Connecticut Emergency Staff Opinion (juvenile prosecutor consulted about criminal matter involving judicial official s family member with partner of judicial official s spouse) (12/13) Kansas Advisory Opinion JE 178 (2013) (judge involved in anti-truancy program hearing truancy cases) (4/13) New York Advisory Opinion (emancipated adult child of town board member or village trustee who participates in setting judge s salary) (4/13) New York Advisory Opinion (new trial) (2/13) New York Advisory Opinion (informing co-judge relative is involved in case) (2/13) New York Advisory Opinion (judge advised party to re-file new action) (4/13) New York Advisory Opinion (interviewed for position of executive director of housing authority) (12/13) New York Advisory Opinion (exploring possibility of post-retirement employment) (12/13) New York Advisory Opinion (former part-time prosecutor) (12/13) West Virginia Advisory Opinion (February 4, 2013) (school board with which court has memorandum of understanding regarding truancy probation officers) (6/13) U.S. Advisory Opinion 110 (2013) (separately managed investment account) (10/13) DISCIPLINARY RESPONSIBILITIES/REPORTING CRIMINAL CONDUCT New York Advisory Opinion (attorney has alcohol abuse problem) (2/13) 10

11 New York Advisory Opinion (prospective tenant has open bench warrant) (8/13) New York Advisory Opinion (administrative law judge included title on letter) (10/13) New York Advisory Opinion (attorney threatened to file complaint to influence judicial decision) (12/13) New York Advisory Opinion (lawyer representing judge has appeared before that judge) (10/13) New York Advisory Opinion (attorney advised client that lawsuit was settled when attorney had discontinued suit) (10/13) New York Advisory Opinion (12/13) COMMUNITY ACTIVITIES GOVERNMENT COMMISSIONS Florida Advisory Opinion (elections task force) (2/13) Maryland Advisory Opinion (task force on juvenile court jurisdiction) (8/13) Maryland Advisory Opinion Request (Commission on Child Custody Decision Making) (10/13) Maryland Advisory Opinion Request (Commission on Child Custody Decision Making) (10/13) South Carolina Advisory Opinion (city s grievance committee) (10/13) COMMUNITY ACTIVITIES BOARD OF ORGANIZATION Colorado Advisory Opinion (board of Colorado Organization for Victim Assistance) (4/13) Connecticut Informal Advisory Opinion (board of organization that provides services to court-involved clients) (6/13) Florida Advisory Opinion (not-for-profit organization that will provide financial assistance to needy children and families referred by local law enforcement agency) (4/13) Florida Advisory Opinion (board of directors of scouting organization and development committee) (10/13) 11

12 Louisiana Advisory Opinion 248 (2013) (board of directors of non-profit group home) (2/13) Louisiana Advisory Opinion 250 (2013) (advisory committee for organization that provides model for creation of services for victims of sex trafficking) (6/13) Maryland Advisory Opinion Request (organization that enhances access to courts for low-income individuals) (12/13) Nevada Advisory Opinion JE13-5 (board of organization that works to improve health care) (10/13) New York Advisory Opinion (non-profit fire company) (2/13) New York Advisory Opinion (board of not-for-profit program designed to promote law enforcement careers) (2/13) New York Advisory Opinion (board of charitable organization that determines requests to fund arts and education projects) (2/13) New York Advisory Opinion (advisory council for community-based approach for improving school attendance) (4/13) New York Advisory Opinion (training academy planning group to educate lawyers about mental illness) (10/13) New York Advisory Opinion (board of directors of organization that raises and administers funds for college scholarships) (4/13) New York Advisory Opinion (gifts for new judge; participating in Little League, intramural basketball league, high school parents association) (4/13) New York Advisory Opinion (treasurer of not-for-profit organization that provides services involving feral and abandoned animals to municipality) (6/13) New York Advisory Opinion (advisory board of children s rights division of notfor-profit organization) (10/13) New York Advisory Opinion (officer of college alumni club) (12/13) New York Advisory Opinion (board of directors of organization founded to raise money for scholarships and purchase items for law enforcement purposes in honor of deceased relative) (12/13) 12

13 New York Advisory Opinion (advisory board for community college paralegal and police science programs) (12/13) New York Advisory Opinion (committee that reviews, interprets, and advises on church matters and doctrines) (12/13) South Carolina Advisory Opinion (local school advisory board) (2/13) Washington Advisory Opinion 13-1 (community board of local hospital) (2/13) West Virginia Advisory Opinion (February 23, 2012) (candidate relationship with West Virginia Federation of Democratic Women, Court Appointed Special Advocate organization, local county sportsmen s club, Greater Federation of Women s Clubs, volunteer income tax assistance program) (6/13) West Virginia Advisory Opinion (January 11, 2013) (board of emergency ambulance authority) (6/13) COMMUNITY ACTIVITIES PARTICIPATION IN FUND- RAISING EVENT Colorado Advisory Opinion (contribution to on-line fund-raising auction) (8/13) Connecticut Informal Advisory Opinion (master of ceremonies for charitable event) (8/13) Connecticut Informal Opinion Advisory (honored at cocktail party fund-raiser by section of bar association and national non-profit, law-related civil rights organization) (10/13) Florida Advisory Opinion (fund-raising walk-a-thon sponsored by organization that provides support for domestic violence victims) (10/13) Michigan Advisory Opinion JI-139 (2013) (honorary committee, general appeal, speaking at or receiving award at fund-raising event, name or title used; officer of charitable organization regularly engaged in adversary proceedings; organization to raise money for drug courts) (12/13) Nevada Advisory Opinion JE13-6 (invitation to fund-raising event for non-profit organization) (10/13) New York Advisory Opinion (not-for-profit religious organization fund-raising event) (4/13) 13

14 South Carolina Advisory Opinion (participating in dance fund-raising event) (12/13) COMMUNITY ACTIVITIES OTHER PARTICIPATION IN FUND- RAISING Connecticut Informal Advisory Opinion (soliciting contributions from other judges) (4/13) Connecticut Informal Advisory Opinion (letter of support for legal aid organization) (8/13) Louisiana Advisory Opinion 254 (2013) (letter encouraging attorneys to become fellow of bar foundation) (12/13) Michigan Advisory Opinion JI-139 (2013) (honorary committee, general appeal, speaking at or receiving award at fund-raising event, name or title used; officer of charitable organization regularly engaged in adversary proceedings; organization to raise money for drug courts) (12/13) New Mexico Advisory Opinion 13-2 (letter in support of legal aid grant application) (8/13) New Mexico Advisory Opinion 13-3 (photo and short biography on non-profit organization s web-site with PayPal link for donations) (8/13) New York Advisory Opinion (law school scholarships in judge s name) (4/13) New York Advisory Opinion (acknowledgement of donation on sign at golf outing) (12/13) COMMUNITY ACTIVITIES NON-FUND-RAISING EVENT Connecticut Informal Advisory Opinion (speaking at 100th anniversary dinner of land conservation organization that is not fund-raiser) (6/13) Connecticut Advisory Opinion (award at chamber of commerce program) (6/13) Connecticut Informal Advisory Opinion (attending official portrait-unveiling ceremony honoring former governor) (10/13) 14

15 Connecticut Informal Advisory Opinion (keynote speaker at non-fund-raising awards dinner of organization formed to fight discrimination against a particular religious, racial, ethnic, or cultural group) (10/13) Florida Advisory Opinion ( God and Country Day event) (12/13) New York Advisory Opinion (honored at reception organized by a bar association and underwritten by one or more commercial sponsors and held at law firm) (12/13) COMMUNITY ACTIVITIES MISCELLANEOUS Connecticut Emergency Staff Opinion (group photo to be posted on the Move Your Way for Rare Disease Day Facebook page) (4/13) Connecticut Informal Advisory Opinion (coaching middle school mock trial team) (4/13) Connecticut Informal Advisory Opinion (establishing family justice center) (8/13) Maryland Advisory Opinion Request (organization that enhances access to courts for low-income individuals) (12/13) New Mexico Advisory Opinion 13-5 (participating in school district s truancy court program) (10/13) New York Advisory Opinion (mock video arraignment) (4/13) New York Advisory Opinion (participating in not-for-profit religious institution s outreach trip to children in foreign country) (4/13) New York Advisory Opinion (commenting on judicial candidate rating system) (4/13) New York Advisory Opinion (law school scholarships in judge s name) (4/13) New York Advisory Opinion (gifts for new judge; participating in Little League, intramural basketball league, high school parents association) (4/13) New York Advisory Opinion (focus group on truancy) (10/13) New York Advisory Opinion (award selection committee) (12/13) New York Advisory Opinion (presenter at victim impact panel) (12/13) 15

16 New York Advisory Opinion (Fraternal Order of Police) (12/13) North Carolina Advisory Opinion (soliciting members of church to serve on steering committee overseeing Habitat for Humanity house project) (10/13) South Carolina Advisory Opinion (member of FBI National Academy Associates) (2/13) JUDGES ASSOCIATION/BAR ASSOCIATION Connecticut Informal Advisory Opinion (bar association officer) (6/13) Connecticut Informal Advisory Opinion (judicial fellow in American Academy of Matrimonial Lawyers) (6/13) Connecticut Informal Advisory Opinion (judicial fellow in American Academy of Appellate Lawyers) (6/13) Connecticut Informal Advisory Opinion (inter-disciplinary association of professionals dedicated to conflict resolution) (8/13) Connecticut Informal Advisory Opinion (guest at Connecticut Trial Lawyers Association dinner) (8/13) New York Advisory Opinion (judges association making charitable donation) (2/13) New York Advisory Opinion (judges association raising funds for educational conference) (2/13) New York Advisory Opinion (bar association committee that nominates association members for professional and community awards) (8/13) New York Advisory Opinion (foundation whose members are attorneys that is devoted to improvement of law, legal system, and administration of justice) (8/13) Washington Advisory Opinion 13-3 (Keller deduction) (4/13) NEW JUDGE -- FEES Connecticut Informal Advisory Opinion (referral fee) (4/13) Florida Advisory Opinion (collecting contingent fee) (2/13) 16

17 New Mexico Advisory Opinion (new judge) (2/13) New Mexico Advisory Opinion 13-1 (new judge) (2/13) South Carolina Advisory Opinion (fees for cases referred to attorney prior to ascension to bench) (12/13) NEW JUDGE -- GIFTS Connecticut Informal Advisory Opinion (gift from former state office) (4/13) Connecticut Informal Advisory Opinion (gifts to new judge) (4/13) Connecticut Advisory Opinion (gift from attorney) (6/13) New York Advisory Opinion (gifts for new judge; participating in Little League, intramural basketball league, high school parents association) (4/13) NEW JUDGE STATEMENT ABOUT CASE HANDLED PRE- BENCH Connecticut Informal Advisory Opinion (answering questions from attorneys to whom judge referred cases) (4/13) Connecticut Informal Opinion (statement about case referred prior appointment) (10/13) Florida Advisory Opinion (letter to former client) (6/13) Nevada Advisory Opinion JE (purchase price of former practice; involvement in prior cases; continuing to pay employees of former law practice; stepping down as trustee) (4/13) Nevada Advisory Opinion JE (selling practice to lawyer who will appear before him regularly; maintaining interest in building leased by state agencies) (4/13) New Mexico Advisory Opinion (new judge) (2/13) New Mexico Advisory Opinion 13-1 (new judge) (2/13) New York Advisory Opinion (statement requested by assistant D.A.) (10/13) West Virginia Advisory Opinion (December 19, 2012) (new judge preparing legal document related to prior employment) (6/13) 17

18 NEW JUDGE -- MISCELLANEOUS Connecticut Informal Advisory Opinion (using address created by former law office for personal matters) (4/13) Connecticut Informal Advisory Opinion (lawyer to whom new judge referred matters) (6/13) Connecticut Advisory Opinion (attorney to whom judge referred cases, who referred cases to her, and who used to meet her socially for lunch) (6/13) Florida Advisory Opinion (selling interest in law practice) (2/13) Florida Advisory Opinion (letter to former client) (6/13) Florida Advisory Opinion (using former law office in building where law firm continues to practice) (6/13) Maryland Advisory Opinion (substitute trustee for foreclosure) (10/13) Nevada Advisory Opinion JE (purchase price of former practice; involvement in prior cases; continuing to pay employees of former law practice; stepping down as trustee) (4/13) Nevada Advisory Opinion JE (selling practice to lawyer who will appear before him regularly; maintaining interest in building leased by state agencies) (4/13) New Mexico Advisory Opinion (new judge) (2/13) New Mexico Advisory Opinion 13-1 (new judge) (2/13) New York Advisory Opinion (cases referred to law firm) (10/13) New York Advisory Opinion (continuing to use law office ) (6/13) New York Advisory Opinion 13-8 A judge who represented a defendant just prior to assuming the bench and briefed 6 points raised on appeal before another attorney assumed the representation may not be listed as an author on the appellate brief. FAMILY ISSUES Illinois Advisory Opinion 13-1 (charitable fund-raising by spouse) (2/13) 18

19 New York Advisory Opinion (spouse serves on board of court-sponsored mediation agency) (4/13) New York Advisory Opinion (reception in honor of child s election to public office) (6/13) New York Advisory Opinion (accompanying parent to eviction proceeding) (8/13) New York Advisory Opinion (shareholder in consulting business owned by spouse and in family photo) (10/13) New York Advisory Opinion (photo in family video presented in sibling s honor at annual meeting of social welfare action organization) (12/13) REAL ESTATE ACTIVITY Connecticut Informal Advisory Opinion (board of homeowners association) (2/13) Nevada Advisory Opinion JE (selling practice to lawyer who will appear before him regularly; maintaining interest in building leased by state agencies) (4/13) ACTING AS FIDUCIARY South Carolina Advisory Opinion ( tie-breaker vote between 2 executors or trustees) (8/13) PRACTICE OF LAW Nevada Advisory Opinion JE-13-3 (informal legal advisor to political organization) (6/13) FINANCIAL CONDUCT Florida Advisory Opinion (college football referee) (4/13) Maryland Advisory Opinion (loan to friend) (8/13) 19

20 New Mexico Advisory Opinion 13-8 (receiving payment for assisting another jurisdiction to establish teen court) (12/13) New York Advisory Opinion (restaurant promoting sales) (2/13) New York Advisory Opinion (member of bank s national board) (4/13) GIFTS Connecticut Informal Advisory Opinion (gift of book from attorney who has never appeared and is not likely to appear before judge) (8/13) Florida Advisory Opinion (government attorney discount applicable to legal aid organization s annual gala) (6/13) Massachusetts Advisory Opinion (pro bono legal services from attorney) (4/13) New York Advisory Opinion (free admission to community event from sponsor) (4/13) New York Advisory Opinion (gifts for new judge; participating in Little League, intramural basketball league, high school parents association) (4/13) New York Advisory Opinion (dinner guest of attorneys) (10/13) Oklahoma Advisory Opinion (camping, hunting, fishing on privately owned land) (10/13) SOCIAL MEDIA Connecticut Informal Advisory Opinion (social media) (4/13) ABA Formal Opinion 462 (2013) (social media) (2/13) REFERENCES/RECOMMENDATIONS Connecticut Informal Advisory Opinion (letter of reference for friend for federal sentencing) (8/13) Connecticut Emergency Staff Opinion (reference for executive branch employee) (8/13) 20

21 Connecticut Informal Advisory Opinion (reference for law firm for publication that ranks law firms and lawyers) (10/13) Florida Advisory Opinion (letter of recommendation for friend for real estate license) (6/13) Minnesota Advisory Opinion 2013 (reference) (8/13) West Virginia Advisory Opinion (March 26, 2012) (letter of recommendation for applicant for a judicial vacancy) (6/13) West Virginia Advisory Opinion (February 23, 2012) (letter of recommendation for law clerk on judicial letterhead) (6/13) SOCIAL EVENTS Connecticut Emergency Staff Opinion (social outing with spouse s former coworker and close friend) (4/13) New York Advisory Opinion (retirement party for close friend and elected official) (4/13) New York Advisory Opinion (retirement/birthday party of friend who is nonjudicial, elected official) (4/13) New York Advisory Opinion (retirement party for public officials) (12/13) New York Advisory Opinion (memorial service for friend who is former district party leader sponsored by county committee and party club) (12/13) PERSONAL CONDUCT Connecticut Emergency Staff Opinion (attending holiday party hosted by municipality s governing body) (12/13) Florida Advisory Opinion (cook-off competition) (10/13) Louisiana Advisory Opinion 252 (2013) (alligator lottery hunt program) (8/13) New York Advisory Opinion (negotiating with prosecutor for reduction or dismissal of judge s traffic violation) (2/13) New York Advisory Opinion (purchasing expensive leisure item) (4/13) 21

22 New York Advisory Opinion (expressing concerns about child s public school teacher) (12/13) PART-TIME JUDGES TWO POSITIONS Florida Advisory Opinion (civil traffic infraction hearing officer serving as municipality s local hearing officer) (8/13) Louisiana Advisory Opinion 253 (2013) (hearing officers serving as publicly funded mediators) (10/13) New York Advisory Opinion (municipal historian) (12/13) New York Advisory Opinion (temporary assignment) (6/13) New York Advisory Opinion (bartender in adjoining town) (12/13) South Carolina Advisory Opinion (serving as part-time probate judge, full-time hearing officer for state agency, Judge Advocate in the Army Guard/Reserve) (10/13) West Virginia Advisory Opinion (May 3, 2012) (part-time mental hygiene commissioner serving as municipal judge) (6/13) PART-TIME JUDGES NON-LAWYER OTHER EMPLOYMENT Maryland Advisory Opinion Request (employed in video production) (12/13) New York Advisory Opinion (expert witness) (4/13) New York Advisory Opinion (serving as county s veterans counselor) (6/13) New York Advisory Opinion (offender rehabilitation coordinator at correctional facility) (8/13) New York Advisory Opinion (management study for police department) (10/13) New York Advisory Opinion (security agency) (10/13) New York Advisory Opinion (civil service position with county department of motor vehicles) (12/13) 22

23 South Carolina Advisory Opinion (employment with division of state judicial department) (2/13) South Carolina Advisory Opinion (managing funds for local investment group; distributor for fund-raising company) (10/13) PART-TIME JUDGES LAW PRACTICE Georgia Advisory Opinion 240 (2013) (same court) (12/13) Kentucky Advisory Opinion JE-123 (2013) (law partner becomes assistant commonwealth attorney) (6/13) Nevada Advisory Opinion JE-13-3 (informal legal advisor to political organization) (6/13) New York Advisory Opinion (criminal case that originated in judge s court) (10/13) New York Advisory Opinion (law firm s representation of claimants in proceeding against municipality) (10/13) New York Advisory Opinion (accepting assignments to represent prison inmates) (10/13) New York Advisory Opinion 13-2 (former client has filed criminal complaint) (10/13) New York Advisory Opinion (referring to status in law firm ad) (12/13) New York Advisory Opinion (included on list of attorneys willing to serve as compensated arbitrators) (12/13) New York Advisory Opinion (judicial status in law firm advertisements biography) (12/13) New York Advisory Opinion (part-time judge status in curriculum vitae) (12/13) South Carolina Advisory Opinion (magistrate representing criminal defendant in general sessions court) (2/13) South Carolina Advisory Opinion (part-time municipal judge representing owners of video gaming machines seized by city police) (6/13) South Carolina Advisory Opinion (part-time probate judge continuing probate practice) (8/13) 23

24 Texas Advisory Opinion 296 (2013) (part-time family law associate judge representing family law clients) (2/13) PART-TIME JUDGES MISCELLANEOUS Louisiana Advisory Opinion 255 (2013) (pro tempore s law partners on judicial candidate s steering committee and contributing to campaigns) (12/13) New Mexico Advisory Opinion 13-2 (continuing part-time judge seeking election to trustee position for non-profit electric cooperative) (6/13) New York Advisory Opinion (transferring matter) (6/13) New York Advisory Opinion (part-time judge with co-judge) (8/13) New York Advisory Opinion 13-7 (council that reviews inmate grievances) (12/13) New York Advisory Opinion (employment with not-for-profit organization or law firm providing legal and policy analysis of legislation, etc.) (12/13) New York Advisory Opinion (accepting guilty plea from pro se defendant that includes incarceration) (12/13) New York Advisory Opinion (current and recent former clients of law firm) (10/13) New York Advisory Opinion (co-judge practicing law in village court) (12/13) FORMER JUDGES New York Advisory Opinion (disqualification when former judge appears) (2/13) Michigan Advisory Opinion RI-362 (2013) (former judge referring to past judicial position) (6/13) New York Advisory Opinion (former judge serving as special referee) (6/13) Ohio Advisory Opinion (former judges using judicial titles) (6/13) CAMPAIGN CONDUCT 24

25 Florida Advisory Opinion (campaign Twitter account) (8/13) Florida Advisory Opinion (attorney who has already endorsed judicial candidate) (10/13) Kentucky Advisory Opinion JE-124 (2013) (elected public official serving as campaign chair for judicial candidate) (12/13) Louisiana Advisory Opinion 249 (2013) (questionnaire from Louisiana Right to Life Project) (6/13) New York Advisory Opinion (photograph taken at social event with elected local public official) (4/13) New York Advisory Opinion (A)-(G) (hiring professional fund-raising consultant; free meet and greet event; politically sponsored golf tournament; commenting on opponent s conduct; using unexpended campaign funds for social event to thank volunteers) (4/13) New York Advisory Opinion (candidate inadvertently overpaid for political event) (12/13) New York Advisory Opinion (notarizing signatures on own nominating petitions) (12/13) Tennessee Advisory Opinion 13-1 (campaign period) (8/13) Washington Advisory Opinion 13-6 (social event, candidate forum held by a PAC) (8/13) West Virginia Advisory Opinion (January 13, 2012) (campaign committee) (6/13) West Virginia Advisory Opinion (February 20, 2012) (golf outing fund-raising event for campaign) (6/13) West Virginia Advisory Opinion (February 23, 2012) (PayPal button on campaign committee s web page) (6/13) West Virginia Advisory Opinion (February 23, 2012) (campaign committee donating money to civic or charitable organization) (6/13) West Virginia Advisory Opinion (October 25, 2012) (candidate taking part in debate) (6/13) 25

26 POLITICAL ACTIVITY -- NOT RELATED TO OWN CAMPAIGN ATTENDING EVENTS New York Advisory Opinion (politically sponsored sporting event) (10/13) Washington Advisory Opinion 13-2 (campaign amendment to overturn Citizens United) (2/13) West Virginia Advisory Opinion (February 23, 2012) (candidate for house of delegates) (6/13) West Virginia Advisory Opinion (February 23, 2012) (candidate relationship with West Virginia Federation of Democratic Women, Court Appointed Special Advocate organization, local county sportsmen s club, Greater Federation of Women s Clubs, volunteer income tax assistance program) (6/13) POLITICAL ACTIVITY -- NOT RELATED TO OWN CAMPAIGN Connecticut Informal Advisory Opinion (signing primary petition) (10/13) Florida Advisory Opinion (political action committee) (10/13) New York Advisory Opinion (signing legislator s petition) (10/13) New York Advisory Opinion (meeting with legislator to discuss legislation for courts) (12/13) 26