23.01. Introduction

Judges are not governed by the same ethical standards as lawyers.  Instead, judges

are governed by the Code of Judicial Conduct (CJC).  Just as with the Rules of Professional Conduct, the American Bar Association drafted a model Code that a number of states have adopted.  The most recent revision to the CJC was in 2007.  A number of states have committees that issues opinions that interpret the CJC – although not as many as have committees to interpret the lawyer ethics rules.  Although this Topic covers only the CJC – and judicial ethics, it is important to note that a number of the lawyer ethics rules also implicate judges or judicial ethics.  These include:  former judge serving as a lawyer in proceeding where they participated as a judge;[1] prohibition on judge’s name being used on firm letterhead;[2] prohibition on lawyer making derogatory comments about the qualifications of a judge or a judicial candidate;[3] the obligation of a lawyer to report certain violation of the CJC;[4] and that it is improper for a lawyer to knowingly assist a judge in violating the CJC[5].

The CJC is structured in the same way as the Rules of Professional Conduct.  The core of the CJC are black-letter rules and explanatory comments.  One difference is that the CJC is broken down into four “Canons”, are “overarching principles of judicial ethics that all judges must observe.”[6]  However, a judge can only be sanctioned for violating a black-letter rule. 

The overarching concern of the CJC is to ensure that judges follow and apply the law impartially and that they do not seek to use their position to advance their own interests or the interests of their family.  The Code also sets out the situations in which a judge is disqualified from hearing a case.  As you read through these sections, keep in mind that the overarching goal of the CJC is to maintain the integrity of the judicial system.  

The CJC is tested on the MPRE – but not heavily so.  There are typically between 5 to 7 questions.  The questions usually are not that hard, but if you have not been exposed to the doctrines they are easy to miss.  My goal is to introduce you to the core concepts related to judicial ethics so when you see a question on the MPRE (or my exam) – you know the answer.

[1] ABA Rules of Professional Conduct, Rule 1.12.

[2] ABA Rules of Professional Conduct, Rule 7.5.

[3] ABA Rules of Professional Conduct, Rule 8.2.

[4] ABA Rules of Professional Conduct, Rule 8.3(b).

[5] ABA Rules of Professional Conduct, Rule 8.4(f).

[6] ABA Code of Judicial Conduct, Scope [2].