Judicial Ethics Advisory Opinion Summaries Index Through December

Transcription

1 Judicial Ethics Advisory Opinion Summaries 2016 Index Through December The Center for Judicial Ethics web-site has links to judicial ethics advisory opinions at COURT & CASE MANAGEMENT California Judges Association Formal Advisory Opinion 70 (2015) (gifts from judge to staff) (2/16) California Oral Advisory Summary (presiding judge disqualifying entire local bench) (4/16) California Oral Advice Summary (swearing in public officials) (12/16) New York Advisory Opinion ( list for former colleague s summaries, commentary, and compilations of recent cases) (4/16) New York Advisory Opinion (providing internal weekly case summaries to newspaper) (6/16) New York Advisory Opinion (preparing documents for police, prosecutor, or news media) (2/16) New York Advisory Opinion (producing information for benefit of one side) (2/16) New York Advisory Opinion (delegating guilty pleas and fines to court clerks) (4/16) New York Advisory Opinion (reviewing grand jury minutes and/or discovery materials produced) (6/16) New York Advisory Opinion (form letter to defendants who plead guilty by mail) (8/16) New York Advisory Opinion (police officer does not comply with legal mandate) (4/16) New York Advisory Opinion (providing attorney with unredacted transcription

2 of proceeding; party and spouse are acquaintances) (6/16) New York Advisory Opinion (commenting on order in response to challenge) (6/16) New York Advisory Opinion (voter registration forms at court facilities) (8/16) New York Advisory Opinion (declining to perform weddings) (6/16) New York Advisory Opinion (guidelines for determining financial eligibility for assignment of counsel) (8/16) New York Advisory Opinion (administrative responsibilities over municipal office or agency) (8/16) New York Advisory Opinion (advising town board that defendants perceive local speed limit as speed-trap ) (8/16) New York Advisory Opinion (asking not-for-profit organizations to accept court placement of defendants to serve community service sentences) (8/16) New York Advisory Opinion (district attorney s traffic diversion program judge believes is illegal) (8/16) New York Advisory Opinion (reporting irregularities of court clerk) (8/16) New York Advisory Opinion (diversion program judge believes is illegal) (10/16) New York Advisory Opinion (circulating job notice) (10/16) North Carolina Advisory Opinion (matters involving only pro se parties) (12/16) West Virginia Advisory Opinion (advising attorney of credible threat in domestic violence proceeding) (4/16) SETTLEMENT California Judges Association Advisory Opinion 71 (2016) (settlement negotiations) (6/16) 2

3 EX PARTE Connecticut Emergency Staff Opinion (drawing to prosecutor s attention denial of application for civil protection order) (8/16) Illinois Advisory Opinion (reviewing criminal history in court s computerized records) (6/16) Minnesota Advisory Opinion (accessing electronic court records) (12/16) Nevada Advisory Opinion JE (documents from division of parole and probation) (4/16) New York Advisory Opinion (ex parte communications from elected officials on behalf of constituents) (6/16) New York Advisory Opinion (ex parte consultation with city, town, and village courts resource center) (4/16) Washington Advisory Opinion (questioning domestic violence petitioner ex parte) (8/16) APPOINTMENTS New York Advisory Opinion (expert whose competence judge questions) (6/16) New York Advisory Opinion (appointing co-judge s first-degree relative) (8/16) Washington Advisory Opinion (deputy sheriff acting as municipal judge pro tempore; appointing attorney-spouse as pro tempore judge) (2/16) U.S. Advisory Opinion 115 (2016) (nepotism) (4/16) STAFF DISQUALIFICATION FORMER EMPLOYER New York Advisory Opinion (court clerk previously employed as police chief s secretary) (2/16) New York Advisory Opinion (law clerk is former district attorney) (6/16) New York Advisory Opinion (secretary previously provided freelance 3

4 transcription services at earlier stage of case) (8/16) New York Advisory Opinion (clerk was non-supervisory staff attorney for legal aid society) (8/16) New York Advisory Opinion (new judge; clerk s former law firm) (4/16) New York Advisory Opinion (chief clerk s former private law firm employer) (8/16) STAFF DISQUALIFICATION -- MISCELLANEOUS New York Advisory Opinion (new judge; clerk s former law firm) (4/16) New York Advisory Opinion (former law clerk is support magistrate) (8/16) New York Advisory Opinion (chair of political committee on which court attorney serves) (8/16) New York Advisory Opinion (attorney who hosted fund-raiser for law clerk) (10/16) New York Advisory Opinion (law clerk becomes district attorney) (12/16) New York Advisory Opinion (clerk is spouse of prosecutor) (12/16) South Carolina Advisory Opinion (attorney who represents secretary) (2/16) STAFF POLITICAL CONDUCT New York Advisory Opinion (law clerk who is part-time small claims assessment review hearing officer running as delegate to judicial nominating convention; being notary public; circulating nominating petitions) (2/16) West Virginia Advisory Opinion (magistrate assistant on county political executive committee) (4/16) New York Advisory Opinion (clerk attending mayor s regularly scheduled meetings with department heads) (6/16) South Carolina Advisory Opinion (clerk elected as mayor) (6/16) 4

5 STAFF NEPOTISM New York Advisory Opinion (hiring law clerk s spouse as secretary) (2/16) U.S. Advisory Opinion 115 (2016) (nepotism) (4/16) STAFF OTHER EMPLOYMENT New York Advisory Opinion (clerk employed at substance abuse facility) (6/16) New York Advisory Opinion (part-time court clerk employed at law firm) (4/16) New York Advisory Opinion (judge serving as court clerk) (6/16) New York Advisory Opinion (full-time court attorney-referee working parttime as real estate agent) (10/16) New York Advisory Opinion (part-time court clerk employed as assistant to local prosecutor) (12/16) STAFF MISCELLANEOUS New York Advisory Opinion (clerk for disqualified judge conferencing with new judge) (6/16) New York Advisory Opinion (payment to former guardian ad litem who is now another judge s principal law clerk) (4/16) New York Advisory Opinion (court clerk attending mayor s regularly scheduled meetings) (8/16) New York Advisory Opinion (law clerk teaching law enforcement personnel) (10/16) REPORTING CRIMINAL CONDUCT New York Advisory Opinion (reporting apparent probation violations by 5

6 relative of child in neglect case) (6/16) New York Advisory Opinion (reporting concerns about habitability of property) (12/16) DISCIPLINARY RESPONSIBILITIES New York Advisory Opinion (6/16) New York Advisory Opinion (judge who presided over arraignment and then transferred matter due to conflict) (2/16) New York Advisory Opinion (4/16) New York Advisory Opinion (4/16) New York Joint Advisory Opinion / / (4/16) New York Advisory Opinion (4/16) New York Advisory Opinion (4/16) New York Advisory Opinion (estate s former attorney failed to turn over estate assets) (2/16) New York Advisory Opinion (inconsistencies in another judge s sworn testimony) (8/16) New York Advisory Opinion (private attorney who is part-time prosecutor also engaged in private defense work) (10/16) New York Advisory Opinion (reporting attorney) (12/16) New York Advisory Opinion (attorney s conduct in connection with proposed default divorce decree) (12/16) Washington Advisory Opinion (lawyer misconduct in confidential juvenile dependency) (12/16) West Virginia Advisory Opinion (disciplinary responsibilities) (4/16) 6

7 DISQUALIFICATION ANTAGONISTIC RELATIONSHIP WITH PARTY OR ATTORNEY Arizona Advisory Opinion (threats) (2/16) New York Advisory Opinion (attorney against whom judge encouraged the filing of a complaint) (4/16) New York Advisory Opinion (electoral opponent represents county as prosecuting attorney) (2/16) New York Advisory Opinion (district attorney has collaterally attacked rulings) (2/16) New York Advisory Opinion (judge is defendant in bank foreclosure action) (2/16) New York Advisory Opinion (attorney judge reported) (6/16) New York Advisory Opinion (entities and attorneys against whom administrative judge has commenced lawsuit) (6/16) New York Advisory Opinion (attorney who previously represented recent election opponent in an election law case; prior discretionary recusal) (8/16) New York Advisory Opinion (attorneys personally involved in defending county in lawsuit filed by judge) (8/16) New York Advisory Opinion (prosecutors involved in proceeding involving relative) (12/16) New York Advisory Opinion (litigant sued judge based on judicial conduct) (10/16) New York Advisory Opinion (individuals connected with the defense have filed complaints against the judge) (10/16) New York Advisory Opinion (complaint by county district attorney) (12/16) New York Advisory Opinion (disciplinary complaint against district attorney) (12/16) 7

8 DISQUALIFICATION NON-FAMILIAL RELATIONSHIP WITH ATTORNEY Alabama Advisory Opinion (private attorney who is judge-elect) (10/16) Connecticut Informal Advisory Opinion (former temporary assistant clerk) (6/16) Connecticut Informal Advisory Opinion (close personal relationship with state s attorney) (8/16) Connecticut Advisory Opinion (attorney is son of friend) (10/16) New York Advisory Opinion (responded to confidential request from judicial appointments committee) (4/16) New York Advisory Opinion (attorney made charitable donation to honor judge s deceased relative) (4/16) New York Advisory Opinion (attorney for organization through whom judge receives restitution installment payments from individual) (6/16) New York Advisory Opinion (attorney s sibling is close personal friend) (6/16) New York Advisory Opinion (attorneys purchased discounted tickets to local sporting event from judge) (4/16) New York Advisory Opinion (lawyers who tried to contribute to spouse s recent political campaign) (2/16) New York Advisory Opinion (attorney with whom judge has acquaintancelevel relationship) (8/16) New York Advisory Opinion (attorney holding money in escrow for judge) (8/16) New York Advisory Opinion (represented judge in disciplinary proceeding 1 year ago) (4/16) New York Advisory Opinion (attorney associated in practice of law with attorney for municipality) (8/16) New York Advisory Opinion (former public sector colleague and current social acquaintance) (10/16) New York Advisory Opinion (law clerk becomes district attorney) (12/16) 8

9 South Carolina Advisory Opinion (owning real estate with county s in-house attorney) (6/16) Virginia Advisory Opinion (attorney who regularly appears before judge) (4/16) West Virginia Advisory Opinion (October 29, 2015) (attorney representing Association for the Family Case Coordinators and Family Court Secretary/Clerks) (4/16) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP WITH PARTY New Mexico Advisory Opinion (lending institute with which judges has mortgages) (10/16) New York Advisory Opinion (police chief is town board member) (2/16) New York Advisory Opinion (defendant is another judge) (6/16) New York Advisory Opinion (doctor for whom judge provided negative evaluation) (8/16) New York Advisory Opinion (attorney s sibling is close personal friend) (6/16) DISQUALIFICATION FAMILY MEMBER IS LAW ENFORCEMENT OFFICER, PROSECUTOR Nebraska Advisory Opinion (spouse is attorney in prosecutor s office) (8/16) New Mexico Advisory Opinion (spouse is detective with local police department) (10/16) New York Advisory Opinion (relative heads probation department) (6/16) New York Advisory Opinion (probation officer is relative by marriage) (10/16) New York Advisory Opinion (spouse is state-wide information security officer for state police) (4/16) New York Advisory Opinion (relative is police chief) (12/16) West Virginia Advisory Opinion (step-son-in-law is elected prosecutor) (4/16) 9

10 DISQUALIFICATION LAW FIRM OF FAMILY MEMBER Connecticut Informal Advisory Opinion (relative s former law firm) (6/16) New York Advisory Opinion (child is employed temporarily by law firm) (10/16) New York Advisory Opinion (spouse helps select law firm to handle lobbying) (10/16) DISQUALIFICATION OTHER EMPLOYER OF FAMILY MEMBER Massachusetts Letter Opinion (spouse is employee of an agency that provides services) (12/16) New York Advisory Opinion (first-degree relative works for hospital) (8/16) New York Advisory Opinion (relative is part-time attorney for the county department of social services) (6/16) New York Advisory Opinion (relative is staff attorney for insurance company) (6/16) New York Advisory Opinion (first-degree relative has job with agency where department of social services may place child) (4/16) DISQUALIFICATION MISCELLANEOUS FAMILY RELATIONSHIPS Florida Advisory Opinion (relative has case against tobacco company) (6/16) Louisiana Advisory Opinion 269 (2016) (post-conviction challenge to decisions of spouse as trial judge) (2/16) Massachusetts Letter Opinion (spouse represented defendant) (12/16) Nevada Advisory Opinion JE (relative presided over review) (12/16) New York Advisory Opinion (attorney who is child s election opponent) (6/16) 10

11 New York Advisory Opinion (spouse is litigating unrelated action as opposing counsel to attorney) (4/16) New York Advisory Opinion (attorney who previously represented judge s grandchild s parent) (6/16) New York Advisory Opinion (attorney who represented third-degree relative) (12/16) New York Advisory Opinion (relative has counseling relationship with defendant) (12/16) South Carolina Advisory Opinion (spouse acted as mediator) (4/16) South Carolina Advisory Opinion (attorney rents building from spouse) (4/16) DISQUALIFICATION FORMER LAW FIRM, FORMER CLIENT New York Advisory Opinion (compensation for legal or fiduciary services he performed before assuming the bench; former colleagues, former client) (4/16) New York Advisory Opinion (client of former law firm) (2/16) New York Advisory Opinion (new judge; clerk s former law firm) (4/16) New York Advisory Opinion (former law firm) (4/16) New York Advisory Opinion / (former assistant public defender and former private law firm partner) (12/16) West Virginia Advisory Opinion (juvenile judge previously represented) (4/16) West Virginia Advisory Opinion (judge formerly was law clerk for circuit judge) (4/16) DISQUALIFICATION FORMER GOVERNMENT ATTORNEY California Oral Advice Summary (participated in prosecution of case alleged as prior for purposes of sentencing) (8/16) New York Advisory Opinion (former assistant district attorney) (8/16) 11

12 New York Advisory Opinion (former assistant attorney general) (4/16) New York Advisory Opinion (former prosecutor) (6/16) New York Advisory Opinion / (former assistant public defender and former private law firm partner) (12/16) West Virginia Advisory Opinion (judge formerly was law clerk for circuit judge) (4/16) DISQUALIFICATION MISCELLANEOUS Alabama Advisory Opinion (legislation judge voted on while in state legislature) (10/16) California Oral Advisory Summary (presiding judge disqualifying entire local bench) (4/16) California Oral Advice Summary (under active consideration for appointment to court of appeal) (4/16) Nebraska Advisory Opinion (adoption of children by same-sex married couples) (4/16) New York Advisory Opinion (ordered child protective investigation) (8/16) New York Advisory Opinion (presided over case now subject to malpractice action) (4/16) New York Advisory Opinion (media efforts to link judge and spouse with person being investigated by attorney general) (4/16) New York Advisory Opinion (presided over ex parte search warrant application) (4/16) New York Advisory Opinion (disqualification from hearing) (12/16) NEW JUDGE ISSUES New York Advisory Opinion (compensation for legal or fiduciary services 12

13 performed before assuming the bench; former colleagues, former client) (4/16) New York Advisory Opinion (new judge; clerk s former law firm) (4/16) Vermont Advisory Opinion (fees earned pre-bench; retaining interest in real estate with former law partners) (10/16) WRITING, TEACHING, ATTENDING, PARTICIPATING IN EDUCATION PROGRAMS Arizona Advisory Opinion (training seminar on landlord/tenant law sponsored and taught by attorneys who almost exclusively represent landlords) (12/16) Florida Advisory Opinion (documentary about case prosecuted as assistant state attorney) (4/16) New Mexico Advisory Opinion (article on death penalty for newspaper) (10/16) New York Advisory Opinion (panel program about recent decision) (2/16) New York Advisory Opinion (speaking at academic conference on international, federal, and state approaches to human rights issues) (4/16) New York Advisory Opinion (presentation on racial prejudice to attorneys who represent category of litigants in specialized court) (2/16) New York Advisory Opinion (CLE program advertising implies attorneys attending will be in position to influence judge, honorarium designed to maximize paying attendees) (8/16) New York Advisory Opinion (participating in non-commercial podcasts about legal issues) (6/16) New York Advisory Opinion (panelist and mentor at free luncheon for young people of particular minority group) (4/16) New York Advisory Opinion (mock trial organized by law firm) (10/16) New York Advisory Opinion (panelist at landlords association meeting) (12/16) 13

14 STATEMENTS TO LEGISLATURE New York Advisory Opinion (written statement suggesting changes to New York s statutory scheme) (4/16) COMMUNITY ACTIVITIES GOVERNMENT COMMISSIONS Colorado Advisory Opinion (organizations involved in child welfare system) (12/16) Colorado Advisory Opinion (board of state organization that manages and distributes retirement and other benefits to government and public employees) (12/16) Florida Advisory Opinion (constitution revision commission) (12/16) Nebraska Advisory Opinion (task force on guardian ad litems in juvenile court proceedings) (4/16) New Mexico Advisory Opinion (county task force on service to youth) (2/16) New Mexico Advisory Opinion Concerning Social Media (2016) (social media) (2/16) New York Advisory Opinion (legislator s advisory committee on drug abuse) (4/16) New York Advisory Opinion (official court-sponsored legislative advisory committee) (10/16) Wyoming Advisory Opinion (domestic violence council) (12/16) COMMUNITY ACTIVITIES SERVICE ON BOARDS Connecticut Informal Advisory Opinion (NOW, ACLU, Southern Poverty Law Center, ethnic bar association) (12/16) Florida Advisory Opinion (board of non-profit organization that operates charter school, combats illiteracy) (2/16) Florida Advisory Opinion (advisory council for public school; board member of non-partisan political and public affairs organization) (8/16) 14

15 Louisiana Advisory Opinion 274 (2016) (Kiwanis International Board of Trustees) (8/16) Massachusetts Letter Opinion (board of private school attended by children, participation in fund-raising) (2/16) Minnesota Advisory Opinion (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16) New York Advisory Opinion (board of agency that offers traffic safety education programs to which judge may make referrals) (6/16) New York Advisory Opinion (drug court judge serving on advisory board of community organization that assists addicts and their families) (8/16) New York Advisory Opinion (board member for not-for-profit organization that provides services to underprivileged children and families) (2/16) New York Advisory Opinion (advisory board to academic/clinical unit of private law school) (8/16) New York Advisory Opinion (executive committee of private not-for-profit elementary school s board of trustees) (8/16) New York Advisory Opinion (director of local Urban League) (12/16) South Carolina Advisory Opinion (board of trustees for museum and cultural center) (8/16) Utah Informal Advisory Opinion (judicial advisory council for National Juvenile Defender Center) (6/16) 15

16 COMMUNITY ACTIVITIES PARTICIPATION IN FUND-RAISING EVENTS Connecticut Informal Opinion (in list for volunteers for fund-raiser) (10/16) Connecticut Emergency Staff Opinion (fund-raiser for municipal historical society) (12/16) Florida Advisory Opinion (bar association committee hosting fund-raiser) (12/16) Minnesota Advisory Opinion (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16) Nevada Advisory Opinion (attorney awards program) (8/16) New York Advisory Opinion (speaker at not-for-profit organization s annual dinner) (4/16) New York Advisory Opinion (fraternal organization s local chapter; selling raffle tickets) (6/16) New York Advisory Opinion ( Casino Night fund-raiser at child s pre-school) (12/16) Oklahoma Advisory Opinion (accepting award at banquet) (4/16) Washington Advisory Opinion (program celebrating Latino culture and heritage) (8/16) 16

17 COMMUNITY ACTIVITIES OTHER PARTICIPATION IN FUND-RAISING Colorado Advisory Opinion (thank you call or note to donors to charitable organization) (2/16) Florida Advisory Opinion (soliciting used books for jail) (10/16) Maryland Advisory Opinion Request (chair of development committee) (10/16) Minnesota Advisory Opinion (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16) New Mexico Advisory Opinion (organizing concert for benefit of charitable organization) (10/16) New York Advisory Opinion (on letterhead as board member) (6/16) New York Advisory Opinion (donation to mentoring program) (2/16) New York Advisory Opinion (law school reunion committee) (6/16) New York Advisory Opinion (personally soliciting membership or dues for bar association) (2/16) New York Advisory Opinion (master of ceremonies for event honoring local religious leaders and local executive branch official with proceeds benefiting youth program) (6/16) New York Advisory Opinion / (letter on behalf of organization s grant 17

18 application to assist crime victims) (8/16) New York Advisory Opinion (minor child participating in charitable fund-raiser) (12/16) COMMUNITY ACTIVITIES PARTICIPATION IN NON-FUND-RAISING EVENTS Connecticut Informal Opinion (naming annual awards dinner after judge) (8/16) Florida Advisory Opinion (acknowledgement at reception for domestic violence center) (10/16) Massachusetts Advisory Opinion (speaker at neighborhood s annual community family day) (6/16) Minnesota Advisory Opinion (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16) New York Advisory Opinion (attending dinner where spouse will be honored) (6/16) New York Advisory Opinion (promoting non-fund-raising weekend retreat, featured speaker at religious institution s anniversary banquet) (8/16) COMMUNITY ACTIVITIES MISCELLANEOUS California Judges Association Advisory Opinion 72 (2016) (participation in video 18

19 presentations) (10/16) Connecticut Informal Advisory Opinion (NOW, ACLU, Southern Poverty Law Center, ethnic bar association) (12/16) Connecticut Informal Opinion (bar foundation oral history project on women lawyers) (8/16) Minnesota Advisory Opinion (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16) New York Advisory Opinion (name and honorific in list of volunteers) (4/16) New York Advisory Opinion (fraternal organization s local chapter; selling raffle tickets) (6/16) New York Advisory Opinion (authorizing trust to make charitable donations to not-for-profit entities that appear before judge) (6/16) New York Advisory Opinion (domestic violence advocacy program) (6/16) New York Advisory Opinion (honorarium for giving lesson for the day at worship service) (4/16) New York Advisory Opinion (reading passages from scripture at religious service, participating in prison ministry program) (8/16) New York Advisory Opinion (donation to foundation that provides support to children of law enforcement officials) (4/16) New York Advisory Opinion (discussion group to develop proposals for 19

20 redistricting reform, etc.) (6/16) New York Advisory Opinion (oath of office for county legislature s law-related advisory board) (6/16) New York Advisory Opinion (advocating for increase in staffing for district attorney and public defender and centralized district court or arraignment court) (10/16) New York Advisory Opinion (mentoring high school student) (10/16) New York Advisory Opinion (mentoring program to help promote diversity in judiciary) (12/16) Utah Informal Advisory Opinion (organization s statements and policies would undermine public confidence in the independence and impartiality of the judiciary, organization commends or criticizes political candidates; event for which one of the purposes in raising money; speaking on issues and legislation that personally affect judge) (6/16) BAR ASSOCIATION New York Advisory Opinion (officer of bar association) (2/16) New York Advisory Opinion (personally soliciting membership or dues for bar association) (2/16) New York Advisory Opinion (signing bar association s certificate of incorporation) (4/16) New York Advisory Opinion (promotional materials for bar association s educational programs in back of courtroom) (8/16) JUDGES ASSOCIATION New York Advisory Opinion (magistrates association touring state police headquarters, observing law enforcement training) (2/16) New York Advisory Opinion (judicial association responding to public criticism of judge) (2/16) 20

21 New York Advisory Opinion (judge s association annual conference at hotel resort and casino owned by Native American nation) (4/16) New York Advisory Opinion (magistrates association commenting on bar association s proposed assigned counsel plan) (12/16) RECOMMENDATIONS, REFERENCES, TESTIMONY Connecticut Emergency Staff Opinion (letter of recommendation to office of chief public defender for attorney) (6/16) Connecticut Informal Advisory Opinion (affidavit for family member involved in out-of-state lawsuit) (6/16) Connecticut Informal Opinion (suggesting courthouse employee send résumé friend) (8/16) Illinois Advisory Opinion (recommending lawyers) (4/16) Massachusetts Advisory Letter Opinion (testifying as character witness in reinstatement proceeding) (12/16) Nebraska Advisory Opinion (letter of recommendation for court clerk) (6/16) New York Advisory Opinion (reviewing professional services of divorce lawyer) (4/16) New York Advisory Opinion (letter supporting court officer s request to be assigned to judge s courthouse) (6/16) New York Advisory Opinion (letter expressing appreciation for care provided to deceased parent) (4/16) New York Advisory Opinion (intern who has applied for pistol permit) (4/16) New York Advisory Opinion (letter re parole and/or clemency) (8/16) New York Advisory Opinion (letter of recommendation for family member in criminal case in another state) (4/16) New York Advisory Opinion (reference for police officer seeking to be promoted) (4/16) 21

22 New York Advisory Opinion (testifying before disciplinary committee at attorney s request) (4/16) New York Advisory Opinion (letter urging municipality to add court officers names to memorial honoring first responders) (6/16) New York Advisory Opinion (inquiry from judicial election qualification commission) (8/16) New York Advisory Opinion (judge may complete a Department of Social Services residency verification form that requests factual information concerning the names of all adults and children in the home; requires the form be filled out by a professional who knows the applicant and his family; and requires the signer to state her profession) (8/16) South Carolina Advisory Opinion (detailed questionnaire for use in Catholic annulment proceeding) (8/16) Wyoming Advisory Opinion (character reference in criminal proceeding in another state) (4/16) FAMILY ISSUES Arizona Advisory Opinion (spouse placing political signs on property) (10/16) Connecticut Emergency Staff Opinion (acknowledgment on document relative needs in pending lawsuit) (2/16) Florida Advisory Opinion (firm wants to promote fact that attorney is judge s child) (2/16) Florida Advisory Opinion (judicial candidate married to judge using judge s photograph) (6/16) South Carolina Advisory Opinion (spouse running for office) (4/16) U.S. Advisory Opinion 115 (2016) (nepotism) (4/16) GIFTS New York Advisory Opinion (gift of food from former judge, bar group on 22

23 former judge s behalf) (2/16) REAL ESTATE Louisiana Advisory Opinion 268 (2016) (drug court treatment provider in building owned by judge and brother) (2/16) FINANCIAL CONDUCT California Oral Advice Summary (compensation for solemnizing marriage) (12/16) Florida Advisory Opinion (supplemental income) (8/16) Florida Advisory Opinion (interest in closely held web-based business) (10/16) Massachusetts Letter Opinion (photos included in exhibitions) (4/16) New York Advisory Opinion (participating in World Series of Poker) (2/16) New York Advisory Opinion (client of salesperson whose spouse is village prosecutor) (4/16) New York Advisory Opinion (promoting book) (4/16) New York Advisory Opinion (option/purchase agreement for screenplay) (4/16) New York Advisory Opinion (ownership interests in limited liability company that owns income-producing property) (8/16) New York Advisory Opinion (teaching fitness class) (12/16) Washington Advisory Opinion (softball umpire) (2/16) PRACTICE OF LAW New York Advisory Opinion (former law partner is temporarily unavailable for medical reasons to wind up firm s affairs) (2/16) New York Advisory Opinion (JAG corps) (4/16) 23

24 PERSONAL CONDUCT Connecticut Informal Advisory Opinion (rebate for energy efficiency improvements) (6/16) Connecticut Informal Advisory Opinion (NOW, ACLU, Southern Poverty Law Center, ethnic bar association) (12/16) New Mexico Advisory Opinion (article in equestrian magazine about how participation in contests benefits young women) (8/16) New York Advisory Opinion (defensive driving program hosted by police department) (8/16) New York Advisory Opinion (delegate to state constitutional convention, public position on whether a constitutional convention should be convened, lecture on historical constitutional conventions and procedures) (8/16) New York Advisory Opinion (officiating at wedding in another state) (10/16) New York Advisory Opinion (reinstatement of pistol permit) (4/16) Wyoming Advisory Opinion (disciplinary committee for Episcopal Diocese) (4/16) FIDUCIARY ACTIVITIES Maryland Opinion Request (orphans court judge acting as mediator, guardian) (6/16) Massachusetts Advisory Opinion (trustee of friend s trust) (6/16) South Carolina Advisory Opinion (fiduciary for friend) (2/16) SOCIAL EVENTS South Carolina Advisory Opinion (co-hosting with attorney/son reception for other judges during state bar convention) (2/16) 24

25 SOCIAL MEDIA Massachusetts Letter Opinion (2/16) Massachusetts Letter Opinion (LinkedIn) (8/16) Massachusetts Advisory Opinion (Twitter) (12/16) New Mexico Advisory Opinion Concerning Social Media (2016) (2/16) SENIOR OR RETIRED JUDGES Arizona Advisory Opinion (retired judge using title, statements concerning prior judicial service in activities) (2/16) Florida Advisory Opinion (senior judge serving as litigant-paid special magistrate) (10/16) Florida Advisory Opinion (senior judge working for insurance adjusting company) (12/16) Massachusetts Letter Opinion (former judge practicing in federal courts within 6 months of retirement) (4/16) Massachusetts Letter Opinion (retired judge accepting appointments to serve as master within first 6 months) (4/16) New York Advisory Opinion (guest of honor at fund-raising dinner postretirement) (10/16) South Carolina Advisory Opinion (retired judge serving on foundation board) (2/16) PART-TIME JUDGES LIMITS ON PRACTICE New Mexico Advisory Opinion (arresting officer regularly appears before judge) (10/16) New York Advisory Opinion (serving as corporation counsel) (4/16) New York Advisory Opinion (continuing to represent client) (4/16) 25

26 New York Advisory Opinion (in-house counsel for sheriff s office) (4/16) New York Advisory Opinion (counsel to association of local government officials and employees) (8/16) New York Advisory Opinion (ombudsman for aggrieved town employees) (8/16) New York Advisory Opinion (judicial hearing officer representing clients) (12/16) New York Advisory Opinion (part-time judge employed as conflict defender) (12/16) Virginia Advisory Opinion (representing local police union) (10/16) Wyoming Advisory Opinion (part-time judge may represent criminal defendants in courts other than the municipal court in which she serves) (4/16) PART-TIME JUDGES DISQUALIFICATION New York Advisory Opinion (petitioning on behalf of beneficiaries of estate; assistant town attorneys appearing before judge) (4/16) New York Advisory Opinion (town board member who votes on salary) (4/16) PART-TIME JUDGES POLITICAL CONDUCT New York Advisory Opinion (delegate to judicial nominating convention; notary public; circulating nominating petitions) (2/16) South Carolina Advisory Opinion (running for university board) (2/16) PART-TIME JUDGES MISCELLANEOUS New York Advisory Opinion (bar association s attorney grievance committee) (4/16) New York Advisory Opinion (petitioning on behalf of beneficiaries of estate; assistant town attorneys appearing before judge) (4/16) 26

27 New York Advisory Opinion (ads indicating availability to officiate marriages) (8/16) New York Advisory Opinion (conducting background investigations for U.S. Office of Personnel Management) (6/16) New York Advisory Opinion (when judge becomes subject to rules governing judicial conduct; part-time displaying banner stating Your vote counts in County; prohibiting attorney/tenant from practicing before judges of his court) (6/16) New York Advisory Opinion (portraying judge in for-profit film) (8/16) South Carolina Advisory Opinion (projects administrator for city) (10/16) Tennessee Advisory Opinion (part-time assistant/deputy divorce referee) (6/16) POLITICAL ACTIVITY California Formal Advisory Opinion (attending political events) (4/16) California Oral Advice Summary (swearing in public officials) (12/16) Florida Advisory Opinion (presidential inauguration and event) (12/16) Massachusetts Letter Opinion (Women's March on Washington) (12/16) Maryland Advisory Opinion Request (acting as election judge) (4/16) New York Advisory Opinion (petitions for other candidates) (4/16) New York Advisory Opinion (First Amendment issues; participation in public activities regarding redistricting) (4/16) New York Advisory Opinion (unexpended non-judicial campaign funds) (4/16) New York Advisory Opinion (anonymously engaging in political activity) (8/16) New York Advisory Opinion (advocating for change in penal law) (12/1 New York Advisory Opinion (attending meet the candidates event) (12/16) New York Advisory Opinion (circulating petition to force referendum) (12/16) 27

28 South Carolina Advisory Opinion (running for political office) (4/16) Utah Informal Advisory Opinion (voting in caucus meeting) (4/16) New York Advisory Opinion (campaign to lobby political support and funding for union contract renewals for alma mater) (2/16) FAMILY ISSUES -- POLITICAL Maryland Advisory Opinion Request (spouse s political campaign) (2/16) Maryland Opinion Request (spouse making political contributions) (8/16) South Carolina Advisory Opinion (spouse running for office) (4/16) CAMPAIGN CONDUCT -- FINANCING Arkansas Advisory Opinion (contribution from partisan political organization or political organization s PAC) (2/16) Florida Advisory Opinion (electioneering communications organization) (10/16) New York Joint Advisory Opinions / (unexpended campaign funds) (8/16) New York Advisory Opinion (joint fund-raiser) (8/16) New York Advisory Opinion (campaign materials invite public to donate to campaign) (8/16) New York Amended Opinion (unexpended campaign funds) (10/16) North Dakota Advisory Opinion (contributions from political action committee) (4/16) West Virginia Advisory Opinion (city councilwoman serving as host for campaign meet-and-greet social) (4/16) West Virginia Advisory Opinion (campaign dinner/dance fund-raiser) (4/16) 28

29 CAMPAIGN CONDUCT SOCIAL MEDIA Florida Advisory Opinion (words Vote for [CANDIDATE S NAME] on August 30 on candidate s Facebook profile) (8/16) Louisiana Advisory Opinion 271 (2016) (link on personal web-site or social media page to judicial campaign web-site or social media page) (4/16) North Dakota Advisory Opinion (campaign social media pages; incumbent pictured in judicial robe) (4/16) West Virginia Advisory Opinion (videos on campaign Facebook page) (4/16) CAMPAIGN CONDUCT -- MISCELLANEOUS Florida Advisory Opinion (political office holder on campaign committee) (6/16) Florida Advisory Opinion (commenting about events surrounding termination of court employee) (6/16) Florida Advisory Opinion (gathering sponsored by group claiming no party affiliation but describing itself as conservative ) (8/16) Florida Advisory Opinion (endorsement from county commissioner) (8/16) Florida Advisory Opinion (candidate s forum) (8/16) Maryland Advisory Opinion Request (judicial candidate hosting reception for other judicial candidates) (4/16) New York Advisory Opinion (law clerk/judicial candidate campaign commercial depicting conference) (8/16) New York Advisory Opinion (political organization pledge) (8/16) New York Advisory Opinion (judicial candidate serving on bar association s screening panel) (8/16) North Dakota Advisory Opinion (campaign social media pages; incumbent pictured in judicial robe) (4/16) 29

30 North Dakota Advisory Opinion (campaign advertisement comparing records) (10/16) Washington Advisory Opinion (candidate challenging judge appointed to fill vacancy) (6/16) Washington Advisory Opinion (Industrial Appeals Judge with the Board of Industrial Insurance Appeals) (8/16) Washington Advisory Opinion (political organization distributing candidate s campaign materials) (10/16) West Virginia Advisory Opinion (using old campaign materials) (4/16) 30