3.05.06. Rule 8.4(f): Assist a judge or judicial office in conduct that violates CJC or other law

Judges are subject to their own separate rules of ethics known as the Code of Judicial Conduct (CJC).  A judge that violates the Code is subject to discipline by the disciplinary agency tasked with monitoring judicial conduct.  This subsection can be viewed as incorporating by reference the CJC when a lawyer is involved in assisting a judge in violating the CJC.  For example, it is unethical for a judge to personally accept campaign contributions.  Therefore, if a lawyer, knowing that it is wrong to personally give contributions, visits the judge’s chambers and hands the judge a $1,000 contribution which the judge accepts, the Judge has violated the CJC, and the lawyer has violated Rule 8.4(f) by assisting the judge in the violating the rule.

Joseph Mole represents a client before a judge in Louisiana.  Mole is concerned that his client cannot get a fair hearing before the judge.  Therefore, he hires attorney Don Gardner, a close friend of the judge.  The fee agreement with Gardner provided for compensation of $100,000 plus another $100,000 “in the event that the trial judge withdraws.”  Gardner provided no assistance in the case and, in fact, stated that he was brought into the case because Mole “wanted to have a pretty face . . . someone who knew the judge.”  Mole filed a motion to recuse which the judge denied.  Is Mole subject to discipline for his conduct? In re Mole, 822 F.3d 798 (5^th Cir. 2016)

Yes.  First, it violated the Code of Judicial Conduct for the judge to preside in this case – the judge should have recused because of his relationship with Gardner.  However, Mole was also subject to discipline because the action was both an attempt to improperly influence the judge (a government official under Rule 8.4(e)) and because he brought Gardner into the case solely for the improper purpose of requiring the judge’s recusal.