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MPRE

Terms in this set (227)

- must hear and decide all matters assigned (unless disqualification required)
- must uphold and apply the law, and must perform duties fairly and impartially
- must not let outside interests influence conduct or judgment
- must perform judicial and administrative duties competently and diligently
- must not allow impression that judge can be influenced
- no bias prejudice or harassment based on race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation
- may encourage settlements
- may only have ex parte communications when expressly authorized by law
- must not initiate, permit, or consider communications from others made to the judge outside presence of parties' lawyers concerning a pending or impending matter (except with court personnel and disinterested legal experts)
- must not independently investigate facts in a case
- must not make any public comment that might reasonably be expected to affect its outcome or impair its fairness, or make any nonpublic comment that might substantially interfere with a fair trial
- must not make pledges, promises, or commitments that are inconsistent with the impartial performance of adjudicative duties of office
- must require order and decor in court proceedings
- administrative appointments must be made impartially on basis of merit, without nepotism or favoritism
- judge must inform appropriate authority if judge has knowledge that another judge has violated CJC and must take appropriate action if judge receives information indicating a substantial likelihood that another judge has violated the CJC
- must take appropriate action if reasonable belief that performance of lawyer or another judge is impaired by drugs or alcohol or by mental, physical, or emotional condition
- must cooperate and be honest with judicial and lawyer disciplinary agencies
- must disqualify self in proceeding in which judge's impartiality might reasonably be questioned
- should disclose on the record any information judge believes that the parties or their lawyers might consider relevant to question of disqualification
- rule of necessity overrides rules of disqualification
- must disqualify self if there is reasonable ground to believe that the judge has a) a personal bias concerning a party or party's lawyer; or b) personal knowledge of relevant evidentiary facts
- must disqualify self if judge previously a) served as a material witness in the matter; b) served as a lawyer in the matter; c) was associated in law practice with a person who participated substantially as a lawyer in the matter at the time they practiced together; d) presided as a judge over the matter in another court; or e) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy
- must disqualify self if judge knows that they have an economic interest in the matter or in one of the parties
- judge must disqualify self if judge knows that they or their spouse/domestic partner or person within the third degree of relationship to either of them is a) a party; b) a lawyer in the proceeding; c) a person with more than a de minimus interest that could be substantially affected by the proceeding; or d) likely to be a materially witness in the proceeding
- must disqualify self if subject to public election and knows, or learns through aj timely motion, that a party, party's lawyer, or law firm of party's lawyer has a, within a designated number of prior years, made contributions to judge's election campaign that exceed the jurisdiction's specified amount
- must disqualify self if while a judge or candidate for judicial office, has made a public statement other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or to rule in a particular way in the proceeding or controversy