Judicial Ethics Advisory Opinion Summaries Index Through December

Transcription

1 Judicial Ethics Advisory Opinion Summaries 2011 Index Through December The Center for Judicial Ethics web-site has links to judicial ethics advisory opinions at COURT/CASE MANAGEMENT Arizona Advisory Opinion 11-1 (court-appointed arbitrators donating fees to law-related organizations) (10/11) Florida Advisory Opinion (soliciting businesses to provide goods and/or services for financial literacy program for families in dependency matters) (8/11) Florida Advisory Opinion (permitting criminal arraignments to be broadcast) (12/11) Massachusetts Advisory Opinion (participating in research study) (12/11) Michigan Advisory Opinion JI-135 (2010) (display of for-profit educational courses and materials for pro se individuals in family law matters in clerk s office) (2/11) Minnesota Advisory Opinion (2010) (considering electronic judicial information system to set bail and issue misdemeanor sentences) (8/11) Minnesota Advisory Opinion (2010) (supporting lawyer panel that provides representation to criminal defendants who do not qualify for public defense) (8/11) Nebraska Advisory Opinion 11-3 (appearing in video about courthouse renovations) (8/11) New York Advisory Opinion (revised) (notifying complainant police officer of scheduled trial date) (10/11) New York Advisory Opinion (endorsing education programs) (6/11) New York Advisory Opinion (court funds transported to bank by town employee) (4/11) New York Advisory Opinion (designating court clerk to advise defendants of plea agreement prosecuting attorney will offer) (4/11) New York Advisory Opinion (judge s personal experience with child s parent) (4/11)

2 New York Advisory Opinion (furnishing advance copies of criminal calendar) (10/11) New York Advisory Opinion (court clerk serving as village clerk or receptionist/clerk for police department; village clerk assisting court clerk verify court bank deposits) (6/11) New York Joint Advisory Opinion /11-03 (district attorney delegated authority to prosecute matter to lay complainant) (10/11) New York Advisory Opinion (court web-site; personal judicial web-site) (2/11) New York Advisory Opinion (court s involvement in plea negotiations) (6/11) New York Advisory Opinion (questions about immigration status during allocution of guilty plea) (6/11) New York Joint Advisory Opinion 11-9/11-12 (locations for after-hours arraignments) (6/11) New York Advisory Opinion (attorney s offer to explore ways to raise money to display historical photographs in courthouse) (8/11) New York Advisory Opinion (asking legislator to investigate possible wrong-doing by child welfare agency) (4/11) New York Advisory Opinion (letter to town board thanking individuals within executive branch responsible for upgrade of court facilities) (10/11) New York Advisory Opinion (district attorney using court s address to receive mail regarding plea bargain) (12/11) Utah Informal Advisory Opinion 11-1 (performing marriage ceremony for attorney, party, close relative of attorney or party) (2/11) West Virginia Advisory Opinion (April 14, 2010) (staff of disqualified judge providing support functions for substitute judge) (2/11) West Virginia Advisory Opinion (March 11, 2010) (meetings with stakeholders in abuse and neglect cases) (2/11) Wisconsin Advisory Opinion 11-1 (judge carrying concealed weapon in courthouse) (10/11) 2

3 APPOINTMENTS New York Advisory Opinion (spouse s first cousin is attorney; appointing cousin as law guardian, asking co-judge to assign cousin; using address created while attorney for personal matters) (4/11) Utah Informal Advisory Opinion 10-2 (referring parties to specific mediator) (2/11) PROBLEM-SOLVING COURTS Kentucky Advisory Opinion JE-122 (2011) (terminated defendant s participation in drug court) (10/11) Tennessee Advisory Opinion 11-1 (drug court judge presiding over the revocation/sentencing hearing of defendant in program) (4/11) STAFF DISQUALIFICATION New York Advisory Opinion (law firm with whom judge previously shared office space and that provides personal legal services to the judge s law clerk) (10/11) New York Advisory Opinion (law firm that employs court clerk s non-lawyer child as paralegal) (8/11) New York Advisory Opinion (court clerk testifying pursuant to subpoena) (10/11) New York Advisory Opinion (law clerk serves on advisory board for independent medical research conducted by doctor who treated clerk s child) (10/11) New York Advisory Opinion (court attorney s former firm, firm representing court attorney, guests at court attorney s wedding, court attorney s friends) (10/11) New York Advisory Opinion (law clerk is related to several attorneys who practice in judge s court) (10/11) South Carolina Advisory Opinion (law clerk is nephew of senior prosecuting solicitor) (8/11) West Virginia Advisory Opinion (May 10, 2010) (bail bond company to which secretary has family relationships) (2/11) West Virginia Advisory Opinion (October 5, 2010) (son of court reporter appearing in court) (2/11) 3

4 West Virginia Advisory Opinion (March 21, 2011) (probation officer is married to attorney; law clerk lives with attorney; ERO used to work as paralegal for law firm) (6/11) West Virginia Advisory Opinion (March 21, 2011) (law clerk is engaged to attorney) (6/11) STAFF TWO JOBS In re Jefferson District Court Judges and Trial Commissioners v. Ethics Committee of the Kentucky Judiciary (Kentucky Supreme Court November 23, 2011) ( (staff attorney or law clerk appointed to position of trial commissioner) (12/11), Kentucky Advisory Opinion JE-121 (2011) (staff attorney or law clerk appointed as trial commissioner) (4/11) New York Advisory Opinion (court clerk serving as village clerk or receptionist/clerk for police department; village clerk assisting court clerk verify court bank deposits) (6/11) New York Advisory Opinion (secretary to town planning board working as court clerk) (2/11) STAFF POLITICAL ACTIVITY New York Advisory Opinion (court clerk serving as election inspector/poll manager) (6/11) New York Advisory Opinion (law clerk running for and serving as village trustee) (10/11) West Virginia Advisory Opinion (May 10, 2010) (secretary serving as poll worker) (2/11) STAFF MISCELLANEOUS Connecticut Informal Advisory Opinion (employee whose family member judge sentenced) (12/11) New York Advisory Opinion (nominating probation department employee for award) (10/11) 4

5 BLOGS, WEB-SITES, ETC., SOCIAL NETWORKS California Advisory Opinion 66 (2010) (social networks) (6/11) Connecticut Advisory Opinion (participation in electronic message board) (8/11) Florida Advisory Opinion (private web-site) (2/11) New York Advisory Opinion (internet blog) (2/11) New York Advisory Opinion (court web-site; personal judicial web-site) (2/11) Oklahoma Advisory Opinion (social media) (8/11) TEACHING, SPEAKING, PARTICIPATION IN CONFERENCES Florida Advisory Opinion (speaking to conference of judges, court administrators, and others about trial on appeal) (10/11) Massachusetts Advisory Opinion (speaking to local chamber of commerce and Rotary Club) (8/11) New York Advisory Opinion (teaching paralegal class for compensation at nonprofit community college) (12/11) New York Advisory Opinion (panel that will discuss the principles of legislative redistricting) (6/11) New York Advisory Opinion (training video that will be used by social services agency to provide information to families about programs) (2/11) New York Advisory Opinion (organizing continuing legal education program addressing issues relating to family violence for lawyers and courthouse staff cosponsored with appellate division office of attorneys for children) (10/11) New York Advisory Opinion (panel discussion about findings and proposed justice court reforms in study) (2/11) New York Advisory Opinion (panel discussion about court consolidation report) (2/11) New York Advisory Opinion (discussing judicial decisions as law professor) (4/11) 5

6 New York Advisory Opinion (adjunct professor at community college and member of adjunct faculty association) (12/11) New York Advisory Opinion (moderating panel at religious institution about court operations) (6/11) New York Advisory Opinion (commenting on pending cases when teaching courses at law school or college, lecturing on or participating in panel discussions about current trends in law) (10/11) New York Advisory Opinion (ethics presentation at prosecutors training) (10/11) South Carolina Advisory Opinion (speaking at neighborhood watch meeting on panel with solicitor) (4/11) WRITING, MEDIA APPEARANCES, AND INTERVIEWS Connecticut Informal Advisory Opinion (providing information regarding service as employee of an executive branch agency for historical record) (12/11) Florida Advisory Opinion (public service announcement on juvenile needs) (4/11) Florida Advisory Opinion (explaining potential consequences to judicial branch of proposed legislation or proposed constitutional amendments) (6/11) Louisiana Advisory Opinion (November 17, 2011) (book signing) (12/11) New York Advisory Opinion (publishing book) (2/11) New York Advisory Opinion (appearing monthly on news broadcast to answer questions about criminal justice system) (6/11) New York Advisory Opinion (column for bar association s newsletter on evidentiary issues re red light automatic camera program) (10/11) New York Advisory Opinion (interview for documentary about former prosecutor) (12/11) New York Advisory Opinion 11-4 (advising undergraduate and law school classmates of novel; participating in bar association s author s night/book signing ) (6/11) New York Advisory Opinion (quote for book written by friend) (8/11) South Carolina Advisory Opinion (announcing publication of judge s novel to members of bar) (10/11) 6

7 South Carolina Advisory Opinion (publishing up-dated version of book written prior to election to bench) (10/11) DISQUALIFICATION FAMILIAL RELATIONSHIP TO LAWYER Florida Advisory Opinion (presiding over felony arraignments when spouse is supervisor in state attorney s office) (12/11) Louisiana Advisory Opinion (July 6, 2011) (child is associate in law firm) (8/11) New York Advisory Opinion (spouse s first cousin is attorney; appointing cousin as law guardian, asking co-judge to assign cousin; using address created while attorney for personal matters) (4/11) New York Advisory Opinion (law firm that employs child) (6/11) New York Advisory Opinion (attorney whose adversary in unrelated case is judge s spouse) (10/11) New York Advisory Opinion (child is county attorney) (10/11) New York Advisory Opinion (child is assistant district attorney) (12/11) South Carolina Advisory Opinion (daughter and son-in-law are employed by solicitor s office) (8/11) South Carolina Advisory Opinion (spouse is investigator in solicitor s office) (8/11) South Carolina Advisory Opinion (married to deputy solicitor) (10/11) DISQUALIFICATION FAMILIAL RELATIONSHIP TO PARTICIPANT IN PROCEEDING (NOT ATTORNEY) Maryland Advisory Opinion , , (appellate judge s economic interest) (8/11) New York Advisory Opinion (service provider employs judge s spouse; parent organization of service provider rents space from family trust) (4/11) New York Advisory Opinion (town justice whose siblings are town supervisor and town election inspector) (8/11) 7

8 DISQUALIFICATION FAMILY MEMBER IS LAW ENFORCEMENT OFFICER Connecticut Informal Advisory Opinion (family member is local police officer) (10/11) New Mexico Advisory Opinion 11-2 (spouse is major in central office of state police) (10/11) New York Advisory Opinion (niece is married to deputy sheriff, judge is former part-time employee of department) (2/11) South Carolina Advisory Opinion (spouse is primary investigator for solicitor s office) (4/11) Utah Informal Advisory Opinion 10-3 (son-in-law is police officer) (2/11) West Virginia Advisory Opinion (July 19, 2010) (son is chief of police) (2/11) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO LAWYER Alabama Advisory Opinion (attorney or law firm is judge s co-defendant) (2/11) Connecticut Advisory Opinion (attorney affiliated with organization in which judge participates) (6/11) Florida Advisory Opinion (law partner and campaign treasurer of attorney who has qualified to run against judge) (6/11) Georgia Advisory Opinion 237 (2010) (godparent or godchild is party or attorney) (4/11) Maryland Advisory Opinion (elected official with some degree of budget control over court) (6/11) Massachusetts Advisory Opinion (attorney who served as mediator is former law partner and current commercial tenant) (12/11) Nebraska Advisory Opinion 11-1 (former judge is attorney) (2/11) New York Advisory Opinion (partner of plaintiff/law firm is member of political party s candidate screening panel subcommittee) (4/11) 8

9 New York Advisory Opinion (attorney who provides pro bono of counsel services to judges association) (6/11) New York Advisory Opinion (former judge appears in case) (8/11) New York Advisory Opinion (B) (trustee of trust that benefits first cousin; member with siblings of an LLC that will own real estate; former law firm) (6/11) New York Advisory Opinion (town/village attorney in judge s court appears representing private clients) (4/11) New York Advisory Opinion (referred client to attorney) (12/11) New York Advisory Opinion (law firm with whom judge previously shared office space and that provides personal legal services to the judge s law clerk) (10/11) New York Advisory Opinion (campaign opponent) (10/11) West Virginia Advisory Opinion (December 10, 2010) (counsel was judge s client over 10 years ago) (2/11) DISQUALIFICATION ATTORNEY WHO REPRESENTS OR REPRESENTED JUDGE OR FAMILY MEMBER Florida Advisory Opinion (attorney is spouse of attorney representing judge) (10/11) New York Advisory Opinion (personal attorney appears more than two years after representation ends) (6/11) New York Advisory Opinion (spouse has retained counsel and is considering making claim against municipality for personal injuries judge witnessed) (10/11) North Carolina Advisory Opinion (attorney who represents judge in private litigation) (4/11) West Virginia Advisory Opinion (October 5, 2010) (attorney who previously represented judge) (2/11) West Virginia Advisory Opinion (October 5, 2010) (attorney who has interest in corporation that leases office space from corporation in which magistrate has interest) (2/11) 9

10 DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO PARTICIPANT IN PROCEEDING (NOT ATTORNEY) Connecticut Advisory Opinion (case brought by bank in which the judge owns approximately $25,000 worth of stock or bonds) (4/11) Connecticut Advisory Opinion (de minimis interest) (4/11) Louisiana Advisory Opinion (March 1, 2011) (child accepting university legislative scholarship; disqualification from matters involving university and legislator) (4/11) New York Advisory Opinion (law firm with whom judge previously shared office space and that provides personal legal services to the judge s law clerk) (10/11) New York Advisory Opinion (bank with whom judge is negotiating mortgage loan and may be undisclosed seller of property) (4/11) New York Advisory Opinion (criminal case involving relative of town official) (4/11) DISQUALIFICATION ADVERSARIAL RELATIONSHIP TO LAWYER, PARTY, OR WITNESS Alabama Advisory Opinion (Commission is conducting full investigation of party s complaint) (4/11) Colorado Advisory Opinion (attorney judge reported) (10/11) Nebraska Advisory Opinion 11-4 (attorney who represents former spouse in pending matter in which judge is adverse party) (12/11) New York Advisory Opinion (attorney who represented ex-spouse in family court matter) (2/11) New York Advisory Opinion (filed disciplinary complaint against attorney) (12/11) DISQUALIFICATION PRE-BENCH RELATIONSHIP Nevada Advisory Opinion JE11-1 (attorney with whom judge had romantic relationship 15 years earlier) (2/11) 10

11 New York Advisory Opinion (law firm with whom judge previously shared office space and that provides personal legal services to the judge s law clerk) (10/11) New York Advisory Opinion (niece is married to deputy sheriff, judge is former part-time employee of department) (2/11) New York Advisory Opinion (10 years ago, attorney represented plaintiff in action against judge) (6/11) West Virginia Advisory Opinion (December 10, 2010) (counsel was judge s client over 10 years ago) (2/11) West Virginia Advisory Opinion (March 21, 2011) (attorney judge sued 13 years ago) (6/11) DISQUALIFICATION MISCELLANEOUS Connecticut Informal Advisory Opinion (animal rescue center) (8/11) Connecticut Informal Advisory Opinion (member of Audubon Society) (10/11) Florida Advisory Opinion (judge who owns several residential mortgages handling mortgage foreclosure matters) (2/11) Kentucky Advisory Opinion JE-122 (2011) (terminated defendant s participation in drug court) (10/11) New York Advisory Opinion (tax certiorari case where judge resides) (10/11) New York Advisory Opinion (judge has decided to disqualify himself for personal reasons from cases involving principal partner in law firm) (10/11) West Virginia Advisory Opinion (April 14, 2010) (staff of disqualified judge providing support functions for substitute judge) (2/11) West Virginia Advisory Opinion (July 19, 2010) (judge made decisions in case while family court judge) (2/11) DISCIPLINARY RESPONSIBILITIES New York Advisory Opinion (reporting attorney) (4/11) New York Advisory Opinion (reporting attorney) (12/11) 11

12 New York Advisory Opinion (reporting attorney) (4/11) New York Advisory Opinion (reporting attorney) (8/11) New York Advisory Opinion (reporting attorney) (12/11) New York Advisory Opinion (reporting judge) (12/11) New York Advisory Opinion (reporting judge) (4/11) COMMUNITY ACTIVITIES GOVERNMENT COMMISSIONS Connecticut Informal Advisory Opinion (statute-created advisory committee to executive branch official) (2/11) Connecticut Advisory Opinion (statute-created advisory committee to executive branch official) (2/11) Connecticut Advisory Opinion (ad hoc advisory committee to executive branch official) (2/11) Connecticut Advisory Opinion (ad hoc advisory committee to executive branch official) (2/11) Connecticut Formal Advisory Opinion (sentencing commission) (12/11) Maryland Advisory Opinion (public defender regional advisory board) (12/11) Nevada Advisory Opinion JE (team that will review domestic violence deaths) (8/11) New York Advisory Opinion (state-sponsored justice advisory group) (4/11) New York Advisory Opinion (non-partisan committee that provides reception for returning U.S. military personnel) (10/11) West Virginia Advisory Opinion (May 25, 2010) (advisory board for Sesquicentennial of the American Civil War Commission) (2/11) West Virginia Advisory Opinion (March 22, 2011) (government committee working on systemic problems) (6/11) Wisconsin Advisory Opinion 11-2 (panel convened by congressman to recommend candidates for admission to military service academy) (10/11) 12

13 COMMUNITY ACTIVITIES FUND-RAISING EVENT Delaware Advisory Opinion (master of ceremonies at charitable organization s award dinner) (2/11) Florida Advisory Opinion (member of wait staff at charitable organization s fund-raiser) (10/11) Florida Advisory Opinion (hole sponsor at golf tournament hosted by bar association) (10/11) New York Advisory Opinion (lifetime achievement award from high school at fund-raising event) (12/11) New York Advisory Opinion (participating in runs/walks for charitable organization) (2/11) New York Advisory Opinion (bar association auction) (6/11) Pennsylvania Formal Advisory Opinion (attraction or celebrity participant in charitable fund-raising event) (12/11) South Carolina Advisory Opinion (letter for souvenir journal for church conference) (8/11) COMMUNITY ACTIVITIES AWARDS; HONOREE AT FUND- RAISER Florida Advisory Opinion (accepting award Junior League has advertised it will give at fund-raising event; someone else accepting it on her behalf) (2/11) Florida Advisory Opinion (honored at fund-raiser for veterans organization) (8/11) New York Advisory Opinion (being honored at fund-raising dinner) (2/11) New York Advisory Opinion (honoree at golf outing and gala for parish celebration) (6/11) New York Advisory Opinion (honored as outgoing president of religious organization at dinner/dance) (6/11) 13

14 New York Advisory Opinion (speaker or guest of honor at high school s annual fund-raising dinner) (8/11) New York Advisory Opinion (award at chamber of commerce dinner) (8/11) COMMUNITY ACTIVITIES OTHER FUND-RAISING Arizona Advisory Opinion 11-1 (court-appointed arbitrators donating fees to law-related organizations) (10/11) Connecticut Informal Advisory Opinion (letter of support to law-related organization for use in soliciting donations) (12/11) Florida Advisory Opinion (fund-raising for court child care program run) (6/11) Nevada Advisory Opinion JE (contacting vendors or sponsors to seek donations to support judicial leadership summit) (12/11) New York Advisory Opinion (contributing recipe to fund-raising cookbook) (2/11) New York Advisory Opinion (preaching sermon on tithing) (8/11) New York Advisory Opinion (distributing flyers asking customers to donate food items, assisting organization distribute food baskets to needy families) (2/11) Washington Advisory Opinion 11-1 (compiling humorous letters and pleadings into publication sold to benefit charity) (4/11) COMMUNITY ACTIVITIES BOARD OF ORGANIZATION Connecticut Advisory Opinion (board of directors of non-profit foundation that supports state executive branch agency) (8/11) Florida Advisory Opinion (chair of non-profit organization that assists, promotes, and supports public school board and superintendent) (4/11) Illinois Advisory Opinion 11-1 (board of trustees of University of Illinois) (6/11) Maryland Advisory Opinion (president of civic organization that solicits funds to train paramedics and provide smoke detectors) (4/11) Maryland Advisory Opinion (orphans court judge serving on board of nonpartisan county business organization) (4/11) 14

15 Nebraska Advisory Opinion 11-2 (board of directors for Omaha Chapter of the National Safety Council Greater) (6/11) Nevada Advisory Opinion JE (appointment as CASA volunteer, serving on CASA board) (8/11) New York Advisory Opinion (board member of non-profit community action agency) (6/11) New York Advisory Opinion (leadership position responsible for increasing membership of not-for-profit civic or fraternal organization) (8/11) New York Advisory Opinion (organization that provides social services and resources addressing aging issues in the lesbian, gay, bisexual, and transgender community) (2/11) New York Advisory Opinion (board of homeowners association and civic association) (6/11) Oklahoma Advisory Opinion (board of directors of university foundation) (8/11) West Virginia Advisory Opinion (March 8, 2010) (substance abuse early intervention program) (2/11) West Virginia Advisory Opinion (July 19, 2010) (Salvation Army) (2/11) West Virginia Advisory Opinion (July 19, 2010) (county hospital) (2/11) COMMUNITY ACTIVITIES OTHER INVOLVEMENT Connecticut Advisory Opinion (delegate at annual meeting of organization) (4/11) Connecticut Advisory Opinion (waiver of dues from national legal honorary) (4/11) Louisiana Advisory Opinion (August 9, 2011) (hosting Back to School Sports Day ) (8/11) Maryland Advisory Opinion (name on invitation to join alumni committee of non-profit organization that provides pro bono legal services to indigent persons) (8/11) Nevada Advisory Opinion JE (appointment as CASA volunteer, serving on CASA board) (8/11) 15

16 New York Advisory Opinion (consultant for research project on jurors memories) (6/11) New York Advisory Opinion (running for fire auxiliary president) (2/11) New York Advisory Opinion (serving dinners at annual dinner to honor senior citizens) (2/11) New York Advisory Opinion (moderate debate of college debating team) (12/11) JUDGES ASSOCIATION/BAR ASSOCIATION Connecticut Advisory Opinion (guest of bar association at dinner paid for by sponsors that regularly appear before judge) (6/11) Massachusetts Advisory Opinion (advisor for bar association conference for which bar will raise funds from sponsors) (2/11) Michigan Advisory Opinion JI-136 (2010) (judicial association charging vendor for display space at judicial conference) (2/11) Nevada Advisory Opinion JE11-5 (candidate for election or re-election to Board of Governors of State Bar; new judge completing term on Board) (4/11) Nevada Advisory Opinion JE11-6 (candidate for election or re-election to Board of Governors of State Bar; new judge completing term) (6/11) New York Advisory Opinion (names of judges who are members of bar association s board of directors on letterhead) (6/11) New York Advisory Opinion (treasurer of magistrates association) (8/11) New York Advisory Opinion (bar association s subcommittee) (6/11) New York Advisory Opinion (officer of bar association s foundation) (6/11) North Carolina Advisory Opinion (bar association s mentorship program) (8/11) Ohio Advisory Opinion (recommending or endorsing candidate for bar association elective office) (12/11) 16

17 SERVING AS FIDUCIARY New York Advisory Opinion (terminating 2 conservatorships) (2/11) New York Advisory Opinion (B) (trustee of trust that benefits first cousin; member with siblings of an LLC that will own real estate; former law firm) (6/11) Oklahoma Advisory Opinion (serving as attorney in fact for relative) (8/11) South Carolina Advisory Opinion (trust of lifelong friend of spouse and friend for 20 years) (12/11) West Virginia Advisory Opinion (March 21, 2011) (wife is CEO and president of hospice, officer in political club, and on board of directors of bank; new judge continuing to serve as executor of estate; receiving payments from former firm) (6/11) NEW JUDGE Minnesota Advisory Opinion (2010) (shareholder in corporation in which judge previously practiced law) (8/11) New York Advisory Opinion (receiving money from sheriff s office regarding wage garnishments for former clients) (2/11) New York Advisory Opinion (terminating 2 conservatorships) (2/11) New York Advisory Opinion (new judge completing responsibilities as referee in foreclosure) (4/11) New York Advisory Opinion 11-7 (new judge completing work as receiver) (6/11) New York Advisory Opinion (discretionary bonus from former law firm) (12/11) New York Advisory Opinion (reviewing file of case judge prosecuted over 10 years ago to provide information to new counsel) (10/11) West Virginia Advisory Opinion (March 21, 2011) (wife is CEO and president of hospice, officer in political club, and on board of directors of bank; new judge continuing to serve as executor of estate; receiving payments from former firm) (6/11) 17

18 GIFTS Connecticut Advisory Opinion (waiver of dues from national legal honorary) (4/11) Louisiana Advisory Opinion (March 1, 2011) (child accepting university legislative scholarship; disqualification from matters involving university and legislator) (4/11) Louisiana Advisory Opinion (July 6, 2011) (gift of tuition credit from anonymous donor; law firm is opposing counsel in unrelated matter) (8/11) New York Advisory Opinion (admission fee for road race from sibling s spouse) (12/11) West Virginia Advisory Opinion (February 22, 2010) (gift of rifle from bar association) (2/11) FAMILY ISSUES Connecticut Emergency Staff Opinion (spouse writing letter supporting cousin in criminal matter) (12/11) Florida Advisory Opinion (spouse hosting campaign event for a candidate at home) (8/11) New York Advisory Opinion (annual outing sponsored by school may be named in honor of judge s relative, spouse on outing committee) (10/11) West Virginia Advisory Opinion (October 5, 2010) (ghostwriter for wife and sister-inlaw who are representing themselves in lawsuit) (2/11) West Virginia Advisory Opinion (March 21, 2011) (wife is CEO and president of hospice, officer in political club, and on board of directors of bank; new judge continuing to serve as executor of estate; receiving payments from former firm) (6/11) SOCIAL EVENTS New York Advisory Opinion (holiday celebration hosted by prosecutor s office) (2/11) 18

19 FINANCIAL ACTIVITY Connecticut Informal Advisory Opinion (contracting with state technical school for students or employee to provide home improvement services) (12/11) Kansas Advisory Opinion JE 171 (2011) (leasing, subleasing, or selling space to building to attorneys or firms) (6/11) New Mexico Advisory Opinion 11-3 (purchasing foreclosed property at judicial sale) (10/11) New York Advisory Opinion (non-judge judicial candidate offering on-line software tool and commentaries) (6/11) New York Advisory Opinion (serving as paid consultant to non-profit organization) (10/11) New York Advisory Opinion (active role in management or operation of property, appearing in court on matters relating to property) (10/11) New York Advisory Opinion (B) (trustee of trust that benefits first cousin; member with siblings of an LLC that will own real estate; former law firm) (6/11) New York Advisory Opinion (collecting money for spouse at craft shows) (6/11) BOARD OF FOR-PROFIT CORPORATIONS New York Advisory Opinion (board of for-profit health care facility) (4/11) New York Advisory Opinion (A) (director of closely held limited liability corporation owned by descendants of several unrelated individuals) (6/11) PERSONAL CONDUCT New York Advisory Opinion 10-7 (reference for attorney who regularly appears in judge s court; victim impact statement) (4/11) New York Advisory Opinion (spouse s first cousin is attorney; appointing cousin as law guardian, asking co-judge to assign cousin; using address created while attorney for personal matters) (4/11) New York Advisory Opinion ( Take Back America sign on car) (8/11) 19

20 New York Advisory Opinion (speaking at public hearings and writing to elected officials about natural gas drilling) (10/11) New York Advisory Opinion (judge is victim of crime) (6/11) New York Advisory Opinion (hiring police officer as driver/chauffeur) (6/11) New York Advisory Opinion (attending wedding of assistant district attorney) (10/11) RECOMMENDATIONS Connecticut Informal Advisory Opinion (supplying information to judicial selection commission) (2/11) Connecticut Informal Advisory Opinion (Martindale-Hubbell peer review) (8/11) Connecticut Informal Advisory Opinion (suggesting name of judge who would be good candidate for higher judicial office) (10/11) Nevada Advisory Opinion JE11-2 (reference letter for court staff member) (2/11) Nevada Advisory Opinion JE (comments to parole board about prisoner judge prosecuted) (8/11) Nevada Advisory Opinion JE (letter of recommendation for friend who has applied to become CASA volunteer) (8/11) New York Advisory Opinion 10-7 (reference for attorney who regularly appears in judge s court; victim impact statement) (4/11) New York Advisory Opinion (character reference letter on behalf of non-judge colleague s relative to district attorney) (10/11) New York Advisory Opinion (rate attorney s legal abilities for confidential use by legal publication) (6/11) PART-TIME JUDGES PRACTICE Minnesota Advisory Opinion (2010) (part-time judge practicing law) (8/11) Nevada Advisory Opinion JE (continuing part-time judge representing government) (10/11) 20

21 New York Advisory Joint Opinion 10-73/10-100/ (part-time lawyer judge appearing before another part-time lawyer judge) (4/11) New York Advisory Opinion (attorney who performs legal work for part-time judge s law firm; part-time town judge s associate appearing in administrative proceedings in same town and in other courts in the same county where the judge presides) (4/11) New York Advisory Opinion (part-time judge temporarily assigned to city court) (8/11) New York Advisory Opinion (part-time judge applying for certificates of occupancy and building permits on behalf of clients in village where she presides) (2/11) New York Advisory Opinion (part-time town justice representing county) (10/11) New York Advisory Opinion (hearing officer for police officer disciplinary hearing) (12/11) New York Advisory Opinion (part-time judge representing individual in civil case arising from same incident as criminal case over which judge presided) (10/11) South Carolina Advisory Opinion (part-time magistrate judge acting as mediator in private cases) (4/11) South Carolina Advisory Opinion (serving as guardian ad litem) (12/11) West Virginia Advisory Opinion (January 4, 2011) (temporary family court judge serving as mediator) (6/11) PART-TIME JUDGES DISQUALIFICATION New York Advisory Opinion (attorney with whom part-time judge exchanged referrals in 2 cases) (10/11) New York Advisory Opinion (attorney to whom part-time town justice recently provided funeral services) (10/11) New York Advisory Opinion (attorney to whom part-time judge rents office space) (10/11) South Carolina Advisory Opinion (law partner is city attorney) (6/11) 21

22 PART-TIME JUDGES POLITICAL ACTIVITY Florida Advisory Opinion 11-9 (civil traffic infraction hearing officer campaigning for county judge) (6/11) New York Advisory Opinion (part-time judge endorsing candidates) (4/11) New York Advisory Opinion (partners of part-time judge erecting political sign on law firm property) (2/11) New York Advisory Opinion (town justice-elect served on town board) (2/11) PART-TIME JUDGES MISCELLANEOUS Hawaii Formal Advisory Opinion (per diem judge holding another public position of profit) (4/11) Louisiana Advisory Opinion (July 6, 2011) (gift of tuition credit from anonymous donor; law firm is opposing counsel in unrelated matter) (8/11) Nevada Advisory Opinion JE (pro tempore justice of peace testifying as expert witness) (10/11) New York Advisory Opinion (part-time judge serving on revaluation review and finance advisory committees of municipality) (6/11) New York Advisory Opinion (part-time judge serving as character reference for friend applying for pistol permit) (4/11) New York Advisory Opinion (conversation with friend and/or client during arrest) (2/11) New York Advisory Opinion (part-time judge providing consulting services to officials in neighboring county) (10/11) New York Advisory Opinion (part-time judge taking extended vacation) (10/11) New York Advisory Opinion (judicial hearing officer serving as notary public) (10/11) New York Advisory Opinion (part-time judge may accompany friend to court; speaking or writing as private citizen about natural gas drilling; practicing law on issues involving natural gas drilling and hydro-fracking) (10/11) 22

23 New York Advisory Opinion (administrative duties normally assigned to court clerk) (12/11) New York Advisory Opinion (part-time town judge working during winter as safety/security manager at ski resort) (10/11) South Carolina Advisory Opinion (part-time judge acting as Celebrity Judge in fund-raising event) (4/11) South Carolina Advisory Opinion (part-time judge as member or officer of fraternal non-profit organization; name on alcoholic beverage license) (8/11) RETIRED JUDGES Connecticut Informal Advisory Opinion A &18B (judge who plans to retire seeking appointments and letters of recommendation; appointments and letters of recommendation to recently retired judge) (8/11) Florida Advisory Opinion (senior judge who has contracted with mediation group) (8/11) Florida Advisory Opinion (retired judge serving on board of Innocence Project) (12/11) New Mexico Advisory Opinion 11-1 (retired judge who serves on pro-tempore basis holding position of alternate municipal court judge) (4/11) North Carolina Advisory Opinion (emergency or retired/recalled judge serving on municipal airport authority) (4/11) CAMPAIGN CONDUCT Florida Advisory Opinion (candidates traveling together to campaign speaking events) (12/11) Louisiana Advisory Opinion (October 11, 2011) (establishing campaign committee more than 2 years before primary election) (10/11) Nevada Advisory Opinion JE11-4 (use of excess campaign funds) (4/11) Nevada Advisory Opinion JE (use of excess campaign funds to purchase home security system) (8/11) 23

24 Nevada Advisory Opinion JE (becoming candidate for appointment to unexpired term of elective office of district attorney) (12/11) New York Joint Advisory Opinion /11-1 (supporting judicial convention delegates) (6/11) West Virginia Advisory Opinion (June 23, 2011) (judicial candidate soliciting contributions and signature required to participate in public campaign financing pilot program) (10/11) POLITICAL ACTIVITY MISCELLANEOUS (NOT RELATED TO OWN CAMPAIGN) Nevada Advisory Opinion JE11-3 (letter to legislature requesting continued funding parenting classes) (4/11) New York Advisory Opinion (bill that would extend rights of defendants) (2/11) New York Advisory Opinion (running for fire district commissioner) (4/11) New York Advisory Opinion (serving on board of commissioners for fire district) (10/11) Washington Advisory Opinion 11-2 (speaking about veterans court at political fundraiser) (10/11) West Virginia Advisory Opinion (April 26, 2011) (contribution to county Democratic executive committee) (6/11) Wyoming Advisory Opinion (publicizing beliefs about maximum incarceration for DUI) (2/11) 24