Judicial Ethics Advisory Opinion Summaries Index Through December

Transcription

1 Judicial Ethics Advisory Opinion Summaries 2014 Index Through December The Center for Judicial Ethics web-site has links to judicial ethics advisory opinions at COURT MANAGEMENT Alabama Advisory Opinion (bar foundation funding jury trials) (4/14) Florida Advisory Opinion (displaying art in chambers under local government program) (2/14) Florida Advisory Opinion (video discussing technological development) (4/14) Florida Advisory Opinion (public appeal for potential foster parents) (10/14) Nevada Advisory Opinion JE14-2 (case law search engine software provided for-profit by attorney who practices before the court) (6/14) New York Advisory Opinion (permitting local prosecutor to access court files) (6/14) New York Advisory Opinion 14-5 (court web-site hosted on Facebook) (6/14) New York Advisory Opinion (medical expert presenting judicial training) (10/14) New York Advisory Opinion (author observing proceedings) (10/14) New York Advisory Opinion (transmitting name of individual recommended for appointment about whom judge has concerns) (10/14) New York Advisory Opinion (costs improperly allocated to court in town s budget) (10/14) North Carolina Advisory Opinion (certification forms for immigration service) (8/14) Pennsylvania Informal Advisory Opinion 2/10/2011 (allowing judicial candidate to use courtroom in ad) (12/14)

2 Pennsylvania Informal Advisory Opinion 6/27/2011 (president judge requiring judge who has recused to hear case) (12/14) Pennsylvania Informal Advisory Opinion 5/12/2011 (company in which judge owns stock negotiating with county) (12/14) Wyoming Advisory Opinion (signing resignation agreement) (6/14) Wyoming Advisory Opinion (supreme court and administrative office soliciting donations for judicial learning center; participating in meetings with potential donors) (10/14) Wyoming Advisory Opinion (supreme court applying for grants) (10/14) CASE MANAGEMENT Alabama Advisory Opinion (judge, court employees, and/or contract probation services failing to afford constitutional rights to defendants and to follow procedures required by rules and statutes) (4/14) New York Advisory Opinion (sentence referrals) (6/14) New York Advisory Opinion 14-1 (arraignment in which defendant is not represented by counsel) (6/14) New York Advisory Opinion (sua sponte advising defendants of anticipated plea agreement) (4/14) New York Advisory Opinion (amending order to correct error or omission) (8/14) New York Advisory Opinion (collecting DNA samples from convicted defendants) (6/14) New York Advisory Opinion (providing information on services for criminal defendants) (10/14) PROBLEM-SOLVING COURTS Alabama Advisory Opinion (drug court judge meeting with group of participants) (4/14) 2

3 Massachusetts Advisory Opinion (regional educational drug conference) (6/14) New Mexico Advisory Opinion (DWI/drug court proceedings of defendants prosecuted while assistant district attorney) (2/14) APPOINTMENTS Alabama Advisory Opinion (appointing former law partner to represent party or serve as guardian ad litem) (4/14) West Virginia Advisory Opinion (July 30, 2014) (appointing spouse of law clerk) (10/14) EX PARTE COMMUNICATIONS Alaska Advisory Opinion (using Internet for research in court cases) (10/14) California Advisory Opinion (local rule creating exception to prohibition on ex parte communications) (2/14) New Mexico Advisory Opinion (orders submitted by probation officers without opportunity for review by counsel) (2/14) New Mexico Advisory Opinion (searching judiciary s case management system prior to arraignment) (4/14) New York Advisory Opinion 14-9 (attending presentation at bar association function on novel legal issue decided by judge) (8/14) Pennsylvania Informal Advisory Opinion 1/24/2011 (meeting parents of victim of crime) (12/14) Pennsylvania Informal Advisory Opinion 3/24/2011 (letter from parent in child custody case who is acting pro se) (12/14) South Carolina Advisory Opinion (statute providing law enforcement authorities shall provide judge with information) (10/14) West Virginia Advisory Opinion (May 27, 2014) (requesting prosecutor to handle truancy cases in specific manner) (10/14) 3

4 STAFF HIRING Alabama Advisory Opinion (spouse occasionally serving as substitute court reporter) (4/14) Pennsylvania Informal Advisory Opinion 5/5/2011 (hiring child of district attorney as law clerk) (12/14) Washington Advisory Opinion 14-3 (spouse is superior court clerk) (2/14) STAFF TWO JOBS Nevada Advisory Opinion JE14-6 (court employee providing domestic violence treatment counseling) (12/14) South Carolina Advisory Opinion (office manager employed as church treasurer) (2/14) U.S. Advisory Opinion 111 (2014) (intern, externs, or other volunteer court employees) (4/14) STAFF MISCELLANEOUS Connecticut Informal Advisory Opinion (purchasing products sold by judicial branch employee) (8/14) New York Advisory Opinion (court attorney commencing special proceeding to remove public officer) (8/14) New York Advisory Opinion (court clerk engaging in charitable fund-raising) (10/14) Pennsylvania Informal Advisory Opinion 2/9b/2011 (press release about impropriety by court employees whose names have been mentioned in trial) (12/14) Pennsylvania Informal Advisory Opinion 4/8/2011 (court employees wrote letters to sentencing judge) (12/14) Washington Advisory Opinion 14-5 (member of misdemeanant probation department on domestic violence high risk team) (8/14) 4

5 U.S. Advisory Opinion 111 (2014) (intern, externs, or other volunteer court employees) (4/14) U.S. Advisory Opinion 112 (2014) (social media) (4/14) DISCIPLINARY RESPONSIBILITIES/REPORTING CRIMINAL CONDUCT Alabama Advisory Opinion (personal knowledge of circumstances that lead judge to believe attorney has committed serious ethical violation; attorney against whom judge filed complaint) (4/14) New York Advisory Opinion (6/14) New York Advisory Opinion (administrative judge received copy of disciplinary complaint against another judge) (6/14) New York Advisory Opinion (unlicensed law school graduate who allegedly assisted pro se litigant) (4/14) New York Advisory Opinion (assigned counsel for indigent defendants has conflict) (6/14) New York Advisory Opinion (attorney is under indictment) (8/14) New York Advisory Opinion (law enforcement officer testified about possible criminal activity by attorneys and judges) (10/14) New York Advisory Opinion (attorney testified she shielded income from courtordered child support payments) (12/14) New York Advisory Opinion (reporting conduct of notary public) (10/14) New York Advisory Opinion (clerks overheard co-judge advising prosecutor and witness ex parte) (10/14) New York Advisory Opinion (personally witnessed another judge s misconduct) (12/14) Pennsylvania Informal Advisory Opinion 12/3c/2010 (anonymous letter alleging improper and criminal conduct by business) (12/14) 5

6 Pennsylvania Informal Advisory Opinion 1/7a/2011 (another judge gave permission to person to sell unlicensed clothing) (12/14) Pennsylvania Informal Advisory Opinion 1/12/2011 (president judge receives complaint regarding another judge's telephone conversation with lawyer) (12/14) West Virginia Advisory Opinion (January 14, 2014) (possible conflict of interest for attorney in divorce case) (6/14) DISQUALIFICATION STAFF Alabama Advisory Opinion (court attendant s spouse is narcotics investigator in sheriff s office) (4/14) D.C. Advisory Opinion 13 (2014) (former law clerks) (8/14) New York Advisory Opinion (personal law clerk s spouse is police officer; judge formerly employed by Department of Social Services) (6/14) New York Advisory Opinion (attorney is spouse of personal appointee) (6/14) New York Advisory Opinion (county court judge s law clerk presiding in matters involving legal issues addressed by county court judge) (6/14) Pennsylvania Informal Advisory Opinion 1/6b/2011 (law clerk is listed on the letterhead of law firm as "of counsel") (12/14) DISQUALIFICATION FAMILY MEMBER EMPLOYED BY PROSECUTOR OR POLICE New Mexico Advisory Opinion (spouse is victims advocate in district attorney s office) (2/14) New York Advisory Opinion (spouse is supervisor in county probation department) (6/14) New York Advisory Opinion (first-degree relative is law enforcement officer with supervisory responsibilities) (8/14) 6

7 New York Advisory Opinion (spouse is personal secretary to district attorney) (10/14) New York Advisory Opinion (first-degree relative is police officer) (12/14) Pennsylvania Informal Advisory Opinion 10/15/10 (spouse began working part time for district attorney's office) (12/14) DISQUALIFICATION FAMILY MEMBER HAS RELATIONSHIP WITH PARTY Alabama Advisory Opinion (spouse is county manager) (4/14) New York Advisory Opinion (spouse is member of city council) (6/14) New York Advisory Opinion (relative employed as medical technician at medical center) (6/14) Pennsylvania Informal Advisory Opinion 6/24/2011 (spouse represented child of witness in underlying criminal case) (12/14) West Virginia Advisory Opinion (wife is suing state agency) (8/14) DISQUALIFICATION FAMILY MEMBER HAS EMPLOYMENT OR OTHER RELATIONSHIP WITH ATTORNEY Alabama Advisory Opinion (attorney who shares office space with brother in building owned by family partnership) (4/14) Connecticut Informal Advisory Opinion (relative within first degree is first year associate in large law firm) (8/14) New York Advisory Opinion (supervising judge s adult emancipated child is felony prosecutor) (6/14) New York Advisory Opinion (attorney s spouse is real estate broker judge s spouse has engaged to sell her parent s home) (6/14) New York Advisory Opinion (attorney whose child practices law in association with judge s child) (6/14) New York Advisory Opinion (children babysit attorney s children) (10/14) 7

8 New York Advisory Opinion (spouse serves on Committee on Character and Fitness) (12/14) New York Advisory Opinion (spouse is employee of attorney) (12/14) Pennsylvania Informal Advisory Opinion 7/19/2011 (firm where child works) (12/14) DISQUALIFICATION CAMPAIGN RELATIONSHIP Florida Advisory Opinion (attorney on campaign committee, attorney/contributor, disclosure at public expense) (6/14) Ohio Advisory Opinion (lawyer participating in current campaign) (2/14) Pennsylvania Informal Advisory Opinion 2/2/2011 (campaign opponents) (12/14) DISQUALIFICATION ANTAGONISTIC RELATIONSHIP TO PARTY OR ATTORNEY Alabama Advisory Opinion (attorney was complainant, material witness, prosecuting counsel, or judge s attorney in disciplinary proceedings) (4/14) Alabama Advisory Opinion (party filed complaint Commission is investigating) (4/14) Alabama Advisory Opinion (son is being prosecuting for murder; judge made isolated, unrelated comments about prosecuting attorneys) (8/14) New York Advisory Opinion (judge has sued public defender) (6/14) New York Advisory Opinion (attorneys involved in criminal proceedings against second-degree relative) (12/14) New York Advisory Opinion (attorneys involved in criminal proceedings against first-degree relative) (12/14) New York Advisory Opinion (member of sovereign citizens group who has commenced lawsuit against judge and other public officials and agencies) (10/14) 8

9 North Carolina Advisory Opinion (lawsuit by party or complaint with Commission) (6/14) West Virginia Advisory Opinion (wife is suing state agency) (8/14) DISQUALIFICATION JUDGE S ATTORNEY Alabama Advisory Opinion (attorney was complainant, material witness, prosecuting counsel, or judge s attorney in disciplinary proceedings) (4/14) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP WITH PARTY Alabama Advisory Opinion (judge s bank) (4/14) Connecticut Informal Advisory Opinion (formerly served on municipal police department s firearm discharge and civilian complaint review board and police chief is social acquaintance) (8/14) Florida Advisory Opinion (tenant is party) (8/14) New York Joint Advisory Opinion 13-51/ (governmental entity that administers tenant s rent subsidy) (8/14) New York Advisory Opinion (town or village law enforcement officer is also member of the town/village board) (8/14) New York Advisory Opinion (party is attorney who regularly appears before judge) (8/14) New York Advisory Opinion (town highway superintendent) (6/14) New York Advisory Opinion (members of town board) (12/14) New York Advisory Opinion (party in case is judicial colleague s spouse) (10/14) New York Advisory Opinion (store owned by town board member) (12/14) New York Advisory Opinion (another judge is party) (10/14) West Virginia Advisory Opinion (stepdaughter of magistrate) (8/14) 9

10 DISQUALIFICATION NON-FAMILIAL RELATIONSHIP WITH ATTORNEY Alabama Advisory Opinion (co-defendant in action filed by disgruntled litigants) (4/14) New York Advisory Opinion (co-owner of rental building) (6/14) New York Advisory Opinion (law firm of former law clerk) (6/14) New York Advisory Opinion (attorney listed as reference) (6/14) New York Advisory Opinion (partner of attorney who is part-time village prosecutor) (8/14) New York Advisory Opinion (former domestic partner of town official) (6/14) New York Advisory Opinion (mayor or mayor s relative appears as attorney) (12/14) New York Advisory Opinion (law partner or associate attorney of town board) (8/14) New York Advisory Opinion (social relationship with deputy director of legal services organization) (10/14) Pennsylvania Informal Advisory Opinion 1/5/2011 (lawyer who made donation to bar association foundation in judge s name) (12/14) DISQUALIFICATION FORMER GOVERNMENT ATTORNEY Alabama Advisory Opinion (child-support litigant judge prosecuted while assistant district attorney) (4/14) Delaware Advisory Opinion (former deputy attorney general) (12/14) New Mexico Advisory Opinion (DWI/drug court proceedings of defendants prosecuted while assistant district attorney) (2/14) New York Advisory Opinion (personal law clerk s spouse is police officer; judge formerly employed by Department of Social Services) (6/14) 10

11 New York Advisory Opinion (former attorney for county agency) (6/14) New York Advisory Opinion (successor in county attorney s office) (6/14) New York Advisory Opinion 14-7 (formerly held high-ranking supervisory position) (8/14) New York Advisory Opinion (former district attorney) (6/14) New York Advisory Opinion (former county conflict defender) (6/14) New York Advisory Opinion (clients from prior service as public service attorney) (8/14) West Virginia Advisory Opinion (March 24, 2014) (former prosecuting attorney) (6/14) DISQUALIFICATION PRE-BENCH RELATIONSHIP, POSITION, CONDUCT Alabama Advisory Opinion (former client) (4/14) Alabama Advisory Opinion (long, multi-faceted relationship with city) (4/14) Alabama Advisory Opinion (ruling on own motion to withdraw as counsel and appoint special judge; former law partner is attorney; will judge signed as witness or notarized while attorney) (4/14) Alabama Advisory Opinion (parent of attorney was judge s supervisor 15 years ago) (4/14) Connecticut Informal Advisory Opinion (formerly served on police department s review board; police chief is social acquaintance) (8/14) Connecticut Informal Advisory Opinion (firm of former law partner) (4/14) Florida Advisory Opinion (judge provided mediation services; lawyer to whom judge provided mediation services) (2/14) Minnesota Advisory Opinion (attorney from whom judge borrowed money or to whom he is indebted for legal fees; public or private agency with which judge has contractual relationship; liquidating interest in former law firm; former law firm; shareholder of 2-person law corporation; share of contingency fees; collecting accounts receivable; retaining interest in life insurance policy in 401(k) plan; maintaining pension and profit-sharing account administered by members of former law firm) (2/14) 11

12 New Mexico Advisory Opinion (former hearing officer presiding over trial on merits) (8/14) New York Advisory Opinion (former law partners appearing before co-judges) (2/14) New York Advisory Opinion (attorney to whom judge sold former law office telephone number) (8/14) New York Advisory Opinion (former county conflict defender) (6/14) New York Advisory Opinion (represented prospective witness and alleged victim in unrelated misdemeanor case) (12/14) New York Advisory Opinion (recently employed as secretary in prosecutor s office) (10/14) Pennsylvania Informal Advisory Opinion 1/6a/2011 (firm for which judge served in "of counsel" capacity) (12/14) West Virginia Advisory Opinion (co-counsel in 2 cases over 5 years ago) (8/14) DISQUALIFICATION MISCELLANEOUS Michigan Advisory Opinion JI-140 (2014) (making recommendation to organization or governmental agency, disqualification from cases involving grant recipient) (4/14) New York Advisory Opinion (disqualification when party is legally in default) (12/14) West Virginia Advisory Opinion (March 25, 2014) (cases previously handled by spouse in magistrate court) (6/14) WRITING Arkansas Advisory Opinion (responding to attorney s letter to editor) (2/14) Connecticut Informal Advisory Opinion (editor of legal treatise for compensation) (8/14) 12

13 Connecticut Informal Advisory Opinion (chapter in treatise about types of cases over which judge presides) (10/14) Georgia Advisory Opinion 244 (2014) (judges, councils of judges, or organizations of judges filing amicus curiae briefs) (10/14) Kansas Advisory Opinion JE 180 (2014) (column for local, for-profit newspaper) (6/14) New York Advisory Opinion (op-ed article about legislation concerning law, legal system, or administration of justice) (2/14) New York Advisory Opinion (selling book to office of court administration) (10/14) New York Advisory Opinion (articles about legal procedure for publication in a local newspaper) (6/14) New York Advisory Opinion (article on local justice courts) (12/14) Pennsylvania Informal Advisory Opinion 11/30d/2010 (law review article about constitutionality of law) (12/14) Pennsylvania Informal Advisory Opinion 2/7/2011 (appearing in free magazine issue devoted to health and beauty) (12/14) West Virginia Advisory Opinion (January 14, 2014) (publishing book) (6/14) U.S. Advisory Opinion 114 (2014) (promotional activity for books) (12/14) TEACHING, ATTENDING, PARTICIPATION IN EDUCATION PROGRAMS Alabama Advisory Opinion (participating in mock trials as part of law firm's training) (4/14) Louisiana Advisory Opinion 258 (2014) (compensation to act as judge in mock settlement conferences to educate young attorneys) (10/14) New York Advisory Opinion (participating in mock settlement conference as part of law firm s associate training program) (4/14) New York Advisory Opinion (attending CLE education program discussing judge s decision) (10/14) 13

14 New York Advisory Opinion (training program for prosecutors and law enforcement personnel) (6/14) New York Advisory Opinion (discussing Bill of Rights at public school teachers conference) (8/14) TV & RADIO New York Advisory Opinion (video about history and capabilities of court) (2/14) New York Advisory Opinion (monthly TV news show) (10/14) Pennsylvania Informal Advisory Opinion 1/28/2011 (radio talk show to talk about life in professional sport and after) (12/14) Wyoming Advisory Opinion (based on expertise as family therapist, providing parenting information during TV program) (10/14) COMMUNITY ACTIVITIES GOVERNMENT COMMISSIONS Connecticut Informal Advisory Opinion (board of government culture organization) (6/14) Connecticut Emergency Staff Opinion (interview panel for municipal corporation counsel) (12/14) Florida Advisory Opinion (statutorily-created county development authority) (8/14) Kansas Advisory Opinion JE-181 (2014) (medical malpractice screening panel) (8/14) Kentucky Advisory Opinion JE-126 (2014) (group that will seek approval and funding for residential substance abuse program) (8/14) Louisiana Advisory Opinion 256 (2014) (board of directors of state agency that trains high school students to be artists, performers, and arts technicians) (2/14) Massachusetts Advisory Opinion (government commissions) (12/14) Minnesota Advisory Opinion (government committee) (6/14) 14

15 New Mexico Advisory Opinion 14-6 (mayor s children s cabinet) (12/14) Washington Advisory Opinion 14-1 (fire commissioners) (2/14) West Virginia Advisory Opinion (May 21, 2014) (jail authority s cost containment committee) (10/14) COMMUNITY ACTIVITIES SERVICE ON BOARDS Connecticut Advisory Opinion (country club) (10/14) Connecticut Informal Advisory Opinion (non-law-related school) (12/14) Florida Advisory Opinion (legal aid) (6/14) Florida Advisory Opinion (advocacy organization relating to human trafficking) (12/14) Louisiana Advisory Opinion 259 (2014) (friend s family foundation) (12/14) Massachusetts Advisory Opinion (trust that distributes funds used for persons in community) (8/14) Nebraska Advisory Opinion (organization that has relationship with prosecutor s office in administering diversion program) (4/14) New York Advisory Opinion (church deacon, holding collection plate) (6/14) New York Advisory Opinion (special act school district s board of education, organization of residential treatment center) (6/14) New York Advisory Opinion (member of special and planned gifts committee of community college foundation) (6/14) New York Advisory Opinion (hospital, member of Rotary Club) (8/14) New York Advisory Opinion (police athletic league) (10/14) Pennsylvania Informal Advisory Opinion 6/10/2011 (Meals on Wheels) (12/14) Pennsylvania Informal Advisory Opinion 5/2/2011 (organization created as result of sale to another organization) (12/14) 15

16 South Carolina Advisory Opinion (fraternity s alumni chapter) (4/14) South Carolina Advisory Opinion (high school s Center for Law and Global Policy) (6/14) Vermont Advisory Opinion (2014) (organization established to improve prison programming and reduce the number of incarcerated persons) (8/14) West Virginia Advisory Opinion (February 7, 2014) (family refuge center s domestic violence team or letter of support to aid center s attempt to obtain grant money) (6/14) COMMUNITY ACTIVITIES PARTICIPATION IN FUND-RAISING EVENT Alabama Advisory Opinion (acting in dinner-theater fund-raiser for county child advocacy center) (4/14) Florida Advisory Opinion (model at fund-raising event) (4/14) Maryland Advisory Opinion Request (ice bucket challenge) (10/14) Massachusetts Advisory Opinion (award at bar association fund-raiser sponsored by law firms) (2/14) Michigan Advisory Opinion J-8 (2014) (identification in communications disseminated by charitable organization; general appeal; hosting progressive dinner; personally asking others to contribute; participating in telethon as special guest; participating in walk-athon for charitable causes; being listed in promotional materials for charitable activities; attending testimonial dinner in her honor; regularly participating in dinners held by educational, religious, or fraternal organizations) (4/14) Nevada Advisory Opinion JE14-4 (working in concession booth at public events to raise money for organization) (8/14) New Mexico Advisory Opinion (displaying pottery at law school exhibit) (2/14) New York Advisory Opinion (honored at fund-raising event; suggesting individuals to invite and contacts who may be interested in fund-raising leadership role) (4/14) New York Advisory Opinion (purchasing tickets and attending fund-raising dinner for organization that supports victims of child abuse) (6/14) New York Advisory Opinion 14-8 (public radio station s on-air fund drives) (6/14) 16

17 New York Advisory Opinion (advertised guest of honor at law school fund-raising event) (6/14) New York Advisory Opinion (unannounced award at college s fund-raising event) (8/14) New York Advisory Opinion (attending fund-raising event that will exhort attendees to repeal or disregard particular statute) (8/14) New York Advisory Opinion (honored as distinguished alumnus/alumna at college s fund-raising event) (12/14) New York Advisory Opinion ( ice bucket challenge ) (10/14) New York Advisory Opinion (award at chamber of commerce fund-raising dinner) (12/14) Pennsylvania Informal Advisory Opinion 10/21b/2010 (fund-raising events for advocacy organization) (12/14) Pennsylvania Informal Advisory Opinion 12/3b/2010 (honorary committee for fundraising event) (12/14) Pennsylvania Informal Advisory Opinion 2/9a/2011 (award at fund-raising event) (12/14) Pennsylvania Informal Advisory Opinion 5/10a/2011 (award at non-fund-raising dinner where excess proceeds are donated to local charity) (12/14) Pennsylvania Informal Advisory Opinion 3/11/2011 (award at fund-raising event) (12/14) Pennsylvania Informal Advisory Opinion 3/25/2011 (remarks or award at luncheon of advocacy organization) (12/14) Washington Advisory Opinion 14-2 (member of community jazz band) (2/14) COMMUNITY ACTIVITIES OTHER PARTICIPATION IN FUND-RAISING Alabama Advisory Opinion (writing letter to granting entity regarding childvisitation services) (4/14) 17

18 Michigan Advisory Opinion J-8 (2014) (identification in communications disseminated by charitable organization; general appeal; hosting progressive dinner; personally asking others to contribute; participating in telethon as special guest; participating in walk-athon for charitable causes; being listed in promotional materials for charitable activities; attending testimonial dinner in her honor; regularly participating in dinners held by educational, religious, or fraternal organizations) (4/14) Michigan Advisory Opinion JI-140 (2014) (recommendation to organization or governmental agency, disqualification from cases involving grant recipient) (4/14) New York Advisory Opinion (church deacon, holding collection plate) (6/14) New York Advisory Opinion (attending fund-raising dinner for not-for-profit organization that advocates for victims of domestic violence) (10/14) New York Advisory Opinion (book drive for use as condition of parole or probation) (12/14) Pennsylvania Informal Advisory Opinion 10/21a/2010 (asking other judges to contribute to fund for retired judge s portrait) (12/14) Pennsylvania Informal Advisory Opinion 4/14a/2011 (letter to funding source in support of CASA program) (12/14) Pennsylvania Informal Advisory Opinion 5/10b/2011 (contacting representatives of fund-granting agencies) (12/14) North Carolina Advisory Opinion (participation in charitable and civic fundraising activity) (6/14) Washington Advisory Opinion 14-2 (member of community jazz band) (2/14) West Virginia Advisory Opinion (February 7, 2014) (family refuge center s domestic violence team or letter of support to aid center s attempt to obtain grant money) (6/14) COMMUNITY ACTIVITIES BOY SCOUTS Connecticut Advisory Opinion (adult volunteer leadership position with Boy Scouts) (4/14) Washington Advisory Opinion 14-4 (Boy Scouts Merit Badge Day event at courthouse) (4/14) 18

19 COMMUNITY ACTIVITIES BAR ASSOCIATION, JUDGES ASSOCIATION ACTIVITIES Connecticut Informal Advisory Opinion (bar association writing competition named after judge) (8/14) New York Joint Advisory Opinion and (non-judge members of bar association s judicial section asking law firms and other private entities to underwrite events bar association sponsors for judicial section) (8/14) New York Advisory Opinion (judges division of specialized bar association approving grant that may be used to train individuals to lobby for increased funding and improved health care) (4/14) New York Joint Advisory Opinion /14-2 (judges association supporting repeal of gun control law) (6/14) New York Advisory Opinion (county bar association voicing opinion about proposed change in the attorney registration rules on voluntary unpaid pro bono services) (6/14) North Carolina Advisory Opinion (member of voluntary bar association) (6/14) Pennsylvania Informal Advisory Opinion 11/1/2010 (meeting of bar association committee at offices of advocacy group) (12/14) Pennsylvania Informal Advisory Opinion 11/30a/2010 (board of bar association) (12/14) West Virginia Advisory Opinion (October 8, 2013) (bar association raising funds for legal aid to honor retiring judge) (6/14) COMMUNITY ACTIVITIES MISCELLANEOUS Alaska Advisory Opinion (contributions to non-profit organization opposing efforts to alter constitution s judiciary article) (10/14) Connecticut Informal Advisory (name and former political title on organization s letterhead) (8/14) 19

20 Connecticut Emergency Staff Opinion (signing petition requesting that educational program be kept operating) (4/14) Florida Advisory Opinion (donating to legal aid organization) (12/14) New York Advisory Opinion (non-partisan feminist coalition) (8/14) New York Advisory Opinion (mentor to teenager) (12/14) Pennsylvania Informal Advisory Opinion 12/3a/2010 (swearing in board of civic organization that receives government funding) (12/14) Pennsylvania Informal Advisory Opinion 12/20/2010 (organization pertaining to the performing arts) (12/14) Pennsylvania Informal Advisory Opinion 1/21/2011 (promotional video on importance of being volunteer mentor) (12/14) Pennsylvania Informal Advisory Opinion 6/17/2011 (letter to other judges suggesting they consider graduates of particular law school when they hire law clerks) (12/14) South Carolina Advisory Opinion (paid coach of high school baseball team and volunteer coach of American Legion team) (6/14) West Virginia Advisory Opinion (July 13, 2013) (volunteer fire department board; using extra concert ticket given to husband for performing volunteer work) (6/14) West Virginia Advisory Opinion (November 15, 2013) (volunteer in program to provide tutoring, life skills, and fitness instruction to students) (6/14) NEW JUDGE DISASSOCATION FROM LAW FIRM Connecticut Informal Advisory Opinion (former law firm remaining in existence) (6/14) Minnesota Advisory Opinion (attorney from whom judge borrowed money or to whom he is indebted for legal fees; public or private agency with which judge has contractual relationship; liquidating interest in former law firm; former law firm; shareholder of 2-person law corporation; share of contingency fees; collecting accounts receivable; retaining interest in life insurance policy in 401(k) plan; maintaining pension and profit-sharing account administered by members of former law firm) (2/14) 20

21 New York Advisory Opinion (new judge receiving health insurance benefits from former employer to cover gap) (6/14) New York Advisory Opinion (receiver for matter judge thought had been concluded before she assumed bench) (8/14) Pennsylvania Informal Advisory Opinion 10/29/2010 (retirement account at former law firm) (12/14) NEW JUDGE WINDING UP LAW PRACTICE Alabama Advisory Opinion (ruling on own motion to withdraw as counsel and appointing special judge; former law partner is attorney; will judge signed as witness or notarized while attorney) (4/14) Alabama Advisory Opinion (meeting with former clients; advising former clients to transfer case files to former law partner; finalizing title-insurance policy for transaction) (4/14) New York Advisory Opinion (responding to requests regarding 2 final accountings as court-appointed fiduciary before assuming bench) (8/14) NEW JUDGE -- FEES Alabama Advisory Opinion (fees for work performed before taking office) (4/14) Minnesota Advisory Opinion (attorney from whom judge borrowed money or to whom he is indebted for legal fees appears; public or private agency with which judge has contractual relationship; liquidating interest in former law firm; former law firm; shareholder of 2-person law corporation; share of contingency fees; collecting accounts receivable; retaining interest in life insurance policy in 401(k) plan; maintaining pension and profit-sharing account administered by members of former law firm) (2/14) NEW JUDGE -- MISCELLANEOUS Connecticut Emergency Staff Advisory Opinion (sworn in while serving as conservator) (12/14) Florida Advisory Opinion (judge-appointee/member of state legislature) (8/14) 21

22 New York Advisory Opinion (attorney to whom judge sold former law office telephone number) (8/14) Washington Advisory Opinion 14-1 (board of fire commissioners) (2/14) FAMILY ISSUES POLITICAL CONDUCT Alabama Advisory Opinion (judge or retired judge on host committee for judicial candidate s campaign fund-raising event; spouse hosting fund-raiser for judicial candidate) (4/14) Florida Advisory Opinion (post-election gathering for son who was judicial candidate) (8/14) Indiana Advisory Opinion (family member is candidate) (10/14) Kansas Advisory Opinion 179 (2014) (son is judicial candidate) (4/14) Pennsylvania Informal Advisory Opinion 11/30c/2010 (spouse contributing to causes and political campaigns) (12/14) Pennsylvania Informal Advisory Opinion 1/4/2011 (spouse making campaign contribution) (12/14) South Carolina Advisory Opinion (spouse s political campaign) (4/14) FAMILY ISSUES New York Advisory Opinion 14-3 (executor of parent s estate, legal advice to parent, attorney for estate) (6/14) New York Advisory Opinion (accompanying sibling to court) (6/14) New York Advisory Opinion (relative serving as unpaid intern) (10/14) New York Advisory Opinion (culturally mandated celebration and burial ceremony in honor of deceased parent) (12/14) Pennsylvania Informal Advisory Opinion 11/16/2010 (child participating in high school fund-raising project) (12/14) 22

23 Pennsylvania Informal Advisory Opinion 1/27/2011 (daughter of judge who serves on university board receiving free tuition) (12/14) South Carolina Advisory Opinion (child accepting scholarship from foundation whose president writes bonds in court) (4/14) Washington Advisory Opinion 14-3 (district judge s spouse is superior court clerk) (2/14) Washington Advisory Opinion 14-6 (managing broker for spouse s property while spouse recovers car accident) (10/14) West Virginia Advisory Opinion (April 3, 2014) (bond for sister when she becomes administratrix of estate) (6/14) West Virginia Advisory Opinion (March 25, 2014) (cases previously handled by spouse in magistrate court) (6/14) West Virginia Advisory Opinion (wife working as bail bondsperson) (8/14) West Virginia Advisory Opinion (wife is suing state agency) (8/14) REAL ESTATE INVESTMENTS Connecticut Advisory Opinion (board of condominium association) (10/14) New Mexico Advisory Opinion (leasing office building to medical service provider) (2/14) New York Advisory Opinion (director of foreign timeshare cooperative association) (6/14) New York Advisory Opinion (leasing real property to business entity) (8/14) GIFTS California Advisory Opinion (gifts of little or nominal value) (8/14) Connecticut Emergency Staff Opinion (accepting 2 box seat tickets from bank for being new customer) (8/14) 23

24 Connecticut Advisory Opinion (spending week at rental unit in condominium complex) (10/14) New York Advisory Opinion (re-booking at hotel s expense) (6/14) New York Advisory Opinion (gift from long-time former clients) (6/14) New York Advisory Opinion (free admission to CLE seminar offered by attorney) (10/14) New York Advisory Opinion (culturally mandated celebration and burial ceremony in honor of deceased parent) (12/14) New York Advisory Opinion (guest at CLE program) (12/14) Pennsylvania Informal Advisory Opinion 11/4/2010 (business card drawing prize) (12/14) Pennsylvania Informal Advisory Opinion 1/27/2011 (daughter of judge who serves on university board receiving free tuition) (12/14) West Virginia Advisory Opinion (July 13, 2013) (volunteer fire department board; using extra concert ticket given to husband for performing volunteer work) (6/14) REAL ESTATE Florida Advisory Opinion (ownership interest in business entity that owns building leased to former law firm) (12/14) Pennsylvania Informal Advisory Opinion 2/22/2011 (real property as investment) (12/14) South Carolina Advisory Opinion (advisory board of local bank, board of closelyheld real estate corporation) (4/14) West Virginia Advisory Opinion (August 30, 2013) (interest in real estate company; leasing or selling share of former office building to former law partners) (6/14) FINANCIAL CONDUCT Florida Advisory Opinion (disk jockey) (2/14) 24

25 New Mexico Advisory Opinion (co-owing business with brother that contracts with state department of natural resources) (8/14) New York Advisory Opinion (reporting income) (8/14) New York Advisory Opinion (compensation for coaching sports team) (10/14) South Carolina Advisory Opinion (advisory board of local bank, board of closelyheld real estate corporation) (4/14) South Carolina Advisory Opinion (paid coach of high school baseball team and volunteer coach of American Legion team) (6/14) West Virginia Advisory Opinion (August 5, 2014) (general partner in pizzeria) (10/14) FIDUCIARY ACTIVITIES Florida Advisory Opinion (personal representative of estate of deceased attorney-spouse) (10/14) New York Advisory Opinion 14-3 (executor of parent s estate, legal advice to parent, attorney for estate) (6/14) West Virginia Advisory Opinion (January 14, 2014) (personal representative of estate of mentor and close friend) (6/14) REFERENCES/RECOMMENDATIONS/CHARACTER WITNESS Connecticut Informal Advisory Opinion (character reference letter for attorney who is subject of grievance) (8/14) Connecticut Informal Advisory Opinion (anonymous survey, post-trial, rating a lawyer s performance for employer) (12/14) New York Advisory Opinion 13-5 (letter of nomination for high school senior with whom judge is acquainted for college scholarship) (8/14) New York Advisory Opinion (letter of recommendation for submission to government agency for friend seeking permission to enter foreign country) (8/14) 25

26 New York Advisory Opinion (unsolicited letter of appreciation to federal executive branch employee) (12/14) New York Advisory Opinion (called as witness in criminal case concerning threats allegedly made against judge) (8/14) Pennsylvania Informal Advisory Opinion 10/29/2010 (fact and character witness at fitness committee hearing) (12/14) Pennsylvania Informal Advisory Opinion 1/10/2011 (government form verifying lawyer is married) (12/14) Pennsylvania Informal Advisory Opinion 2/18/2011 (letter in support of inmate s release) (12/14) Pennsylvania Informal Advisory Opinion 7/25/2011 (testifying at administrative hearing about statements lawyer made to judge) (12/14) Pennsylvania Informal Advisory Opinion 4/14b/2011 (letter of endorsement for spouse of former employee for employment position with high school judge attended) (12/14) Utah Informal Advisory Opinion (letter to superiors of probation agent) (2/14) West Virginia Advisory Opinion (subpoena issued by doctor s attorney to testify as character witness) (6/14) PERSONAL CONDUCT Colorado Advisory Opinion (using marijuana) (8/14) Connecticut Informal Advisory Opinion (adult co-ed summer soccer league organized by attorney) (8/14) Connecticut Emergency Staff Opinion (announcing plans to retire) (10/14) Maryland Judicial Opinion Request (coaching public high school junior varsity basketball team, accepting modest stipend) (8/14) Nevada Advisory Opinion JE14-3 (Air Force reserve judge) (6/14) New York Advisory Opinion (proctor for friend s engineering certification exam) (8/14) 26

27 New York Advisory Opinion (expressing views on unionization of building maintenance employees) (6/14) New York Advisory Opinion (swearing in attorney to another state s bar) (6/14) New York Advisory Opinion 14-6 (applying for town attorney) (6/14) New York Advisory Opinion (dining with public defender, assistant district attorney, various defense attorneys, and certain court personnel) (6/14) New York Advisory Opinion (pro se criminal defendant files a multi-million dollar lien against judge s property) (8/14) New York Advisory Opinion (response to harassing and bullying) (8/14) New York Advisory Opinion (long-time client and family friend is criminal defendant) (12/14) Pennsylvania Formal Advisory Opinion (social functions) (10/14) Pennsylvania Informal Advisory Opinion 4/20b/2011 (judge s divorce agreement) (12/14) SOCIAL MEDIA Arizona Advisory Opinion 14-1 (6/14) U.S. Advisory Opinion 112 (2014) (4/14) PART-TIME JUDGES LAW PRACTICE Arkansas Advisory Opinion (law partner serving as part-time deputy prosecutor) (2/14) Hawaii Advisory Opinion (conflicts between per diem judges practice and cases) (4/14) Louisiana Advisory Opinion 260 (2014) (partner is city attorney) (12/14) Maryland Advisory Opinion Request (part-time master employed as part-time 27

28 state s attorney) (2/14) Nevada Advisory Opinion JE14-5 (representing petitioner in habeas proceeding outside district) (10/14) New Mexico Advisory Opinion (engaging in lobbying) (4/14) New York Advisory Opinion (appearing in city court) (6/14) New York Advisory Opinion (referring potential clients to tenant) (8/14) New York Advisory Opinion (serving as town attorney in different town) (6/14) New York Advisory Opinion (serving as counsel to nearby town) (12/14) New York Advisory Opinion (law firm with partners or associates who practice law in second law firm that provides indigent defense services) (12/14) South Carolina Advisory Opinion (contract with public defender) (2/14) South Carolina Advisory Opinion (employed by county school district) (4/14) West Virginia Advisory Opinion (mental hygiene commissioner acting as attorney or guardian ad litem) (8/14) PART-TIME JUDGES DISQUALIFICATION New York Advisory Opinion (co-counsel with public defender in another court) (6/14) PART-TIME JUDGES TWO JUDICIAL POSITIONS Nevada Advisory Opinion JE (limited jurisdiction judge serving as special master or pro tempore judge) (4/14) New York Advisory Opinion (serving as compensated, part-time acting village justice) (8/14) New York Advisory Opinion (hearing officer for state commission on public ethics) (12/14) 28

29 Vermont Advisory Opinion (probate judge running for additional probate judgeship) (8/14) PART-TIME JUDGES POLITICAL ACTIVITY West Virginia Advisory Opinion (April 7, 2014) (displaying campaign signs for 2 candidates for family court judge in front of law office) (6/14) PART-TIME JUDGES COMMUNITY ACTIVITY West Virginia Advisory Opinion (mental hygiene commissioner serving on day report center board) (6/14) PART-TIME JUDGES NON-LAWYER EMPLOYMENT Maryland Advisory Opinion Request (working for state or local agency) (6/14) New Mexico Advisory Opinion (school bus inspector) (6/14) New York Advisory Opinion (part-time clerk in village court) (6/14) New York Advisory Opinion (zoning code official) (6/14) New York Advisory Opinion (high-level county employee) (10/14) New York Advisory Opinion (agreement with private company to provide security and marketing services as subcontractor) (8/14) New York Advisory Opinion (investigator for county department of social services) (6/14) South Carolina Advisory Opinion (working part-time in municipality customer service division) (12/14) PART-TIME JUDGES MISCELLANEOUS Florida Advisory Opinion (senior judge serving as mediator in bankruptcy cases) (8/14) 29

30 New York Advisory Opinion (bank s advisory board publicizing promotion) (6/14) New York Advisory Opinion (assignment of part-time lawyer-judge s cases) (6/14) U.S. Advisory Opinion 113 (2014) (part-time and retired judges) (8/14) RELATIONSHIP WITH LEGISLATURE Alabama Advisory Opinion (consulting with legislators about controversial proposed legislation) (4/14) California Advisory Opinion (commenting before legislative body or in consultation with other branches of government or public officials) (10/14) Pennsylvania Informal Advisory Opinion 11/30b/2010 (swearing in ceremony for member of legislature) (12/14) Pennsylvania Informal Advisory Opinion 4/20a/2011 (appearing at press conference with state legislators who are proposing legislation) (12/14) POLITICAL ACTIVITY Alabama Advisory Opinion (judge or retired judge on host committee for judicial candidate s campaign fund-raising event; spouse hosting fund-raiser for judicial candidate) (4/14) Louisiana Advisory Opinion 180 (2014) (member of political organization that requires annual dues) (6/14) Maryland Advisory Opinion Request (hosting meet and greet for political candidate) (4/14) New York Advisory Opinion (advocating for passage of constitutional amendment regarding legislative redistricting, serving as moderator for program on amendment) (10/14) New York Advisory Opinion (bond to fund up-grade to local court facility) (12/14) Pennsylvania Informal Advisory Opinion 2/10/2011 (courtroom used by judicial candidate) (12/14) 30

31 Pennsylvania Informal Advisory Opinion 2/16/2011 (candidate attending party's political event) (12/14) Pennsylvania Informal Advisory Opinion 4/25/2011 (debate of candidates for executive branch office) (12/14) West Virginia Advisory Opinion (February 4, 2014) (finalist for appointment campaigning for open position) (6/14) West Virginia Advisory Opinion (May 6, 2014) (campaign signs on private vehicle) (10/14) CAMPAIGN CONDUCT Arkansas Advisory Opinion (former judge referring to himself as judge on ballot and campaign materials) (4/14) Florida Advisory Opinion (campaign web-site) (4/14) Florida Advisory Opinion (legislator running for judicial office) (4/14) Florida Advisory Opinion (candidate attending event sponsored by political party) (6/14) Florida Advisory Opinion (picture in campaign literature of judge being sworn by now deceased former judge) (6/14) Florida Advisory Opinion (endorsement of state attorney, county sheriffs, or police chiefs) (6/14) Florida Advisory Opinion (educating public about judicial appointment process in Florida, mentioning appointment of incumbent opponent) (6/14) Florida Advisory Opinion (providing biography to partisan political organization) (6/14) Florida Advisory Opinion (campaign advertisement on moving advertising truck with digital billboard) (8/14) Indiana Advisory Opinion (non-incumbent judicial candidates; use of court resources in campaign) (8/14) 31

32 New York Joint Advisory Opinion 13-99/ and / (attending political fund-raiser; purchasing campaign advertisement in journal distributed at political party s fund-raiser) (6/14) New York Advisory Opinion (witnessing signatures on own nominating petitions) (8/14) New York Advisory Opinion (candidate using signature block on personal that requests non-financial support from voters and provides links to campaign committee s social media page and web-site; requesting voters like campaign social media site; campaign message in signature block for court system ) (6/14) New York Joint Advisory Opinions 14-92/14-94 (calculating start of window period) (10/14) New York Advisory Opinion (endorsement of single issue political party) (12/14) New York Advisory Opinion (window period) (12/14) Pennsylvania Informal Advisory Opinion 3/4/2011 (table at event sponsored by organization that assists candidates obtain endorsement) (12/14) Washington Advisory Opinion 14-7 (judge pro tem using robe in campaign literature) (10/14) Pennsylvania Informal Advisory Opinion 1/7b/2011 (candidate disclosing that representatives of the Judicial Conduct Board interviewed him) (12/14) Pennsylvania Informal Advisory Opinion 7/26/2011 (state legislator is judicial candidate) (12/14) Pennsylvania Informal Advisory Opinion 2/15/2011 (running for executive position and judge at the same time) (12/14) West Virginia Advisory Opinion (February 18, 2014) (soliciting publicly stated support from police organizations) (6/14) CAMPAIGN CONDUCT -- FINANCING Florida Advisory Opinion (funds remaining in campaign account) (12/14) 32

33 Kentucky Advisory Opinion JE-125 (2014) (prohibition on soliciting campaign funds in person ) (4/14) New York Joint Advisory Opinions 14-92/14-94 (calculating start of window period) (10/14) New York Advisory Opinion (window period) (12/14) Pennsylvania Informal Advisory Opinion 12/16/2010 (own money for campaign advertisement, buttons, and stickers) (12/14) Pennsylvania Informal Advisory Opinion 4/5/2011 (campaign account of public official who is judicial candidate contributing to candidate's judicial campaign) (12/14) APPLICATION OF CODE Pennsylvania Informal Advisory Opinion 12/30/2010 (custody conference officer) (12/14) 33