Florida Judicial Ethics 2024: Learning Objectives and Resources
Explore common problems under the Code of Judicial Conduct, develop solutions and strategies, and utilize available resources to ensure ethical conduct in the judicial system. Judge Kroll and Mr. Teagle provide educational content but encourage individual analysis. Consult the Florida Judicial Code, Judicial Ethics Advisory Committee opinions, and the Ethics Hotline for guidance.
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JUDICIAL ETHICS 2024 Florida Judicial College Phase 1 January 2024 Honorable Kathleen J. Kroll kkroll@pbcgov.org Blan L. Teagle bteagle@floridajqc.com 1
Learning Objectives 1. Identify common problems arising under the Code of Judicial Conduct. 2. Solve common problems arising under the Code of Judicial Conduct. 3. Develop strategies for avoiding common problems arising under the Code of Judicial Conduct. 4. Identify available resources to determine whether contemplated conduct is ethical. 2
Disclaimer Judge Kroll and Mr. Teagle speak only for themselves and do not and cannot speak on behalf of the Judicial Ethics Advisor Committee (JEAC), the Judicial Qualifications Commission (JQC), or the Florida Supreme Court. We provide general educational content, but not a substitute for each judge s own analysis. We provide you an analytical framework today so you can draw your own conclusions. When we say the answer is yes or no , that response is based on our review of the authoritative and persuasive resources. 3
Resources to Consult for Answers to Judicial Ethics Questions Florida Code of Judicial Conduct Florida Code of Judicial Conduct FL Courts References and Resources FL Courts References and Resources Judicial Ethics Advisory Committee Judicial Ethics Advisory Committee Judicial Ethics Advisory Committee (JEAC) Opinions Judicial Ethics Advisory Committee (JEAC) Opinions Judicial Ethics Benchguide: Answers to Frequently Asked Questions Judicial Ethics Benchguide: Answers to Frequently Asked Questions An Aid to Understanding Canon 7 An Aid to Understanding Canon 7 Ethics Hotline Ethics Hotline 800-235-8619 (will not interpret the Code or answer judicial ethics questions, but will answer questions about a magistrate or hearing officer s own conduct as a lawyer that involve Rules Regulating The Florida Bar). Your Mentor And when in doubt, it is always advisable to pose a question to the Chair of the Judicial Ethics Advisory Committee (JEAC@flcourts.gov JEAC@flcourts.gov) ) 4
Opinions of the Judicial Ethics Advisory Committee Website: Website: supremecourt.flcourts.gov/opinions/Judicial supremecourt.flcourts.gov/opinions/Judicial- -Ethics How to find JEAC Opinions on the website: How to find JEAC Opinions on the website: Click on the year(s) to find the corresponding opinion. How to search JEAC Opinions on the website: How to search JEAC Opinions on the website: To conduct a search on a particular topic, click on the subjects located under the Locate Opinions By Subject heading. Examples includes Disclosure/Recusal/Disqualification. Mobile Site: Mobile Site: mobile.flcourts.org/jeac/index.html mobile.flcourts.org/jeac/index.html Ethics- -Advisory Advisory- -Committee Committee 5
How the Code of Judicial Conduct Applies to Child Support Hearing Officers and Magistrates The Application to the Code of Judicial Conduct specifies that: Anyone whether or not a lawyer, who performs judicial functions, including but not limited to a civil traffic hearing officer shall, while performing judicial functions, conform with Canons 1, 2A, and 3, and such other provisions of this Code that might reasonably be applicable depending on the nature of the judicial function performed. 6
Rules of the Game Each Team has a name and color. Decide as a team the answer to each section of the problem set. You must commit to yes or no . Choose one person to be the team reporter. Reporter uses Team color Post It to vote. Green is yes, you can. Red is no, you can t. Reporter provides a synopsis of reasoning if asked by faculty to do so. You have a set time on each problem. When we yell stop , the reporter must go vote. We will then discuss the answers and record team points. 7
Problem Set 1 Gifts 8
Problem Set 1 Gifts 1-1. former clients, close friends, colleagues, your old law firm and the local bar association all want to mark your investiture. The local bar association wants to purchase a robe for you. The former law firm wants to purchase a ceremonial gavel for you. Others want to purchase a clock, a chair, and some lawyers, family, and friends just want to write you a check or provide you with a gift certificate. Your old law firm wants to sponsor and pay for all the expenses for a reception following your investiture. May you accept these gifts? You are a new judge and you are planning your investiture. Everyone adores you. Several 1-2. during the holiday season, several of the local law firms have practice of dropping off gift baskets and home-baked goods to the judicial assistants in the courthouse, including your JA. They express their appreciation for the service and hard work. None of these gifts are worth more than $20 or $30. Is it okay to keep them? You have been on the bench for about a year. One of the things you have noticed is that 1-3. speak about the law, the legal system, and the administration of justice. Recently, after you make one of these presentations, the organizers gave you a beautiful autographed copy of Judge Padovano s hornbook on appellate procedures. Its purchase price would be about $225. Is it okay to keep the book? You get invited to lots of bar related functions and activities. Sometimes you are asked to 1-4. have been invited to speak on international law on an Icelandic cruise. Your spouse will have to do a lot of preparation for this and give about an hour and a half presentation. There is no pay, but the sponsor is offering to cover all expenses for both you and your spouse, the value of the trip is about $10,000. The invitation simply says, you and a guest. May you accompany your spouse? You re married to someone who is even more of a legal scholar than you are, and they 9
1-1. investiture. Everyone adores you. Several former clients, close friends, colleagues, your old law firm and the local bar association all want to mark your investiture. The local bar association wants to purchase a robe for you. The former law firm wants to purchase a ceremonial gavel for you. Others want to purchase a clock, a chair, and some lawyers, family, and friends just want to write you a check or provide you with a gift certificate. Your old law firm wants to sponsor and pay for all the expenses for a reception following your investiture. May you accept these gifts? You are a new judge, and you are planning your 10
1-1. Gifts Yes, it is probably okay to keep them. Read 5D(5) and 6A together. You can generally accept gifts from former law partners, close personal friends, colleagues or bar associations to mark your investiture or retirement. Because: Gift will likely necessitate recusal from matters involving the gift-giver, but in most instances, the donor is likely to be someone whose appearance in a case before you would necessitate recusal even without the gift. Or it is a group like the bar association. Florida Opinions on point are: Op. 76-22 (gavel from state attorney who is former employer ok) Op. 99-03 (former law firm sponsors and pays for reception after investiture) 11
1-2. One of the things you have noticed is that during the holiday season, several of the local law firms have a practice of dropping off gift baskets and home-baked goods to the judicial assistants in the courthouse, including your JA. They express their appreciation for the service and hard work. None of these gifts are worth more than $20 or $30. Is it okay to keep them? You have been on the bench for about a year. 12
1-2. Gifts No. Read 5D(5) and 3C(2) together. 3C(2) requires that staff, court officials, and others subject to your control must observe standards of fidelity and diligence that pertain to you. Burden is imposed on you. Florida opinion on point is: Op. 00-08 (judge is ethically obligated to instruct applicable court employees to act in manner consistent with judge s ethical duties and obligations regarding gift acceptance). 13
1-3. and activities. Sometimes you are asked to speak about the law, the legal system, and the administration of justice. Recently, after you make one of these presentations, the organizers gave you a beautiful autographed copy of Judge Padovano s hornbook on appellate procedures. Its purchase price would be about $225. Is it okay to keep the book? You get invited to lots of bar-related functions 14
1-3. Gifts Probably, Yes. Read 5D(5)(a), 5D(5)(h), 6A, 6A(3), and 6B(2). Ok to accept small gifts from bar associations and educational organizations given as a token of appreciation for presentation. Do report! In fact, you can even be reasonably compensated for extra-judicial activities permitted by the Code, provided payment does not give appearance of influencing judicial duties or appearance of impropriety. Florida opinion on point is: Op. 18-07 Op. 07-09 Op. 07-15 15
1-4. of a legal scholar than you are, and they have been invited to speak on international law on an Icelandic cruise. Your spouse will have to do a lot of preparation for this and give about an hour and a half presentation. There is no pay, but the sponsor is offering to cover all expenses for both you and your spouse, the value of the trip is about $10,000. The invitation simply says, you and a guest. May you accompany your spouse? You re married to someone who is even more 16
1-4. Gifts Judge should not accept free passage on cruise ship in exchange for lecture; activity detracts from dignity of office and exploits position. Judge may accompany spouse to conference where spouse is featured speaker, and all costs are paid by sponsor. Gift must be reported in conformity with Canon 6 Requirements. Florida opinions on point include: Op. 92-07 Op. 89-09 Op. 21-12 17
Take Away Slide for Gifts 1. Is it a gift? Not a loan/scholarship/legal contribution for an act you performed? 2. Who is giving it? 1. Is it from a relative/close personal friend? On your disqualify list? 2. Normal hospitality? 3. What is the context? 4. Is it fairly commensurate with the occasion or relationship? 5. Value over $100? - - THEN REPORT (Canon 6B(2)) 1. Op. 22-06 Duty to Inquire as to Value When in doubt REPORT. 18
Problem Set 2 Social Media 19
Problem Set 2 Social Media 2-1. into the 21st-century and open a Meta social media page. What prompted you to do it was your recent experience at your 25th high school reunion. After the reunion, you made the decision to finally get on social media because many of your high school classmates were posting comments and photographs of the reunion and you wanted to see them. Some of your classmates are lawyers who appeared before you. May you be Metafriends with these former high school classmates who are now lawyers who routinely practice in front of you? You grew up in Tallahassee, Florida and you are a circuit judge there. You recently decided to come 2-2. present for and filmed the arraignment. Later that same day, a television station ran a story on the defendant. Judge prominently appeared throughout the news story. At some point later that day, you posted a still photo of the video on your Meta account showing you seated in court conducting the initial appearance for Defendant. The caption underneath the photo read Police: Woman Exploits Over One Million Dollars from Dying Mom. Your Meta post elicited several negative posts from members of the public including but not limited to disgusting, hang em high Judge , hopefully you set a high bond, and Ididn t think anything could be lower than rescinding DACA. I was wrong. The comments also included statements of support for your handling of the arraignment such as goJudge and get emJudge and Good one. Is it permissible for you to post the photo? Defendant was arrested on felony charges of financial exploitation of the elderly. Local media was 2-3. before you right now. Was that OK? You sent a Meta friend request to the petitioner in a marriage dissolution case that you have 2-4. account and are currently collecting endorsement cards. You want to set up on your Meta page information associated with your reelection campaign. You will not ask for contributions or do fundraising though the Meta page. All you want to do is put on the Meta page a request for individuals to sign petitions that would permit you to qualify without paying the qualifying fee otherwise required by law. The Meta page specifically indicates that all funds should be sent to your Campaign committee. Is this OK? You are an appointed judge who must run in the next election. You have opened a campaign 20
2-1. You grew up in Tallahassee, Florida and you are a circuit judge there. You recently decided to come into the 21st-century and open a Meta page. What prompted you to do it was your recent experience at your 25th high school reunion. After the reunion, you made the decision to finally get on social media because many of your high school classmates were posting comments and photographs of the reunion on Meta , and you wanted to see them. Some of your classmates are lawyers who appeared before you. May you be Meta friends with these former high school classmates who are now lawyers who routinely practice in front of you? 21
2-1. Social Media Yes, you may be friends with former classmates including lawyers who appear before you. But ask yourself if they are actual friends. In Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association, 271 So.3d 889, (Fla. 2018) the Florida Supreme Court held : an allegation that a trial judge is a Facebook friend with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification. 22
2-2. Defendant was arrested on felony charges of financial exploitation of the elderly. Local media was present for and filmed the arraignment. Later that same day, a television station ran a story on the defendant. Judge prominently appeared throughout the news story. At some point later that day, you posted a still photo of the video on your Meta account showing you seated in court conducting the initial appearance for Defendant. The caption underneath the photo read Police: Woman Exploits Over One Million Dollars from Dying Mom. Your Meta post elicited several negative posts from members of the public including but not limited to disgusting, hang em high Judge , hopefully you set a high bond, and I didn t think anything could be lower than rescinding DACA. I was wrong. The comments also included statements of support for your handling of the arraignment, such as go Judge and get em Judge and Good one. Is it permissible for you to post the photo? 23
2-2. Social Media Probably No. By placing the still photo on your Meta page, you expressed to your Meta friends the woman s perceived guilt in a louder voice, and in a more certain tone then if you had actually written the words yourself. In a W. Va case, The post was also designed to elicit responses from friends because that s what a Meta account is meant to be an alternative public means of communication. The fact that the friends comments were largely negative is no surprise, and Respondent s failure to remove them constituted a tacit endorsement of the same. By engaging in such conduct, Respondent also clearly called into question the integrity and independency of the judiciary. 24
2-3. You sent a Meta friend request to the petitioner in a marriage dissolution case that you have before you right now. Was that OK? 25
2-3. Social Media Not a good idea! Chace v. Loisel, 170 So. 3d 802 (Fla. 5th DCA 2014). 26
2-4. You are an appointed judge who must run in the next election. You have opened a campaign account and are currently collecting endorsement cards. You want to set up on your social media page information associated with your reelection campaign. You will not ask for contributions or do fundraising through the page. All you want to do is put on the page a request for individuals to sign petitions that would permit you to qualify without paying the qualifying fee otherwise required by law. The page specifically indicates that all funds should be sent to your Campaign committee. Is this OK? 27
2-4. Social Media No, you cannot make the request, but your committee can. Op. 17-24 (Election) (judicial candidate may not establish open Facebook page to ask individuals to sign petitions for candidate to qualify to run without paying qualifying fee, but committee of responsible persons may, as long it is clear that Facebook page is not maintained by candidate personally). Op. 18-04 chose not to recede from 17-24, because inquirer was not soliciting funds from anyone and was not soliciting support from attorneys. 28
Take Away Slide for Social Media Canons 2, 3, 4, and 5 No friendships with lawyers on social media? Exercise caution when engaging in electronic communication of any kind, period. Consider the accessibility, ease of widespread transmission by others, and the permanence. You lose control over the use and dissemination of your communications. But, the rule with respect to governing this conduct are really the same relevant rules that have been in place for a very long time, predicated on the same main principles. Ask yourself questions such as, but not limited to these 5: 1. Lending prestige of office? (2B(2)) Conveying or permitting others to convey impression they are in special position to influence you? 2. Ex Parte communications (3B(7)) 3. Public comment on pending or impending matters? (3B(9)) 4. Conducting extra judicial activities so as not to cast doubt on impartiality, demean the office, or frequently have to disqualify? 5A(1)-(6) & 5A(1)-(6) Bottom line: You may participate in social networking sites. As of November 15, 2018: an allegation that a trial judge is a Facebook friend with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification. Herssein v. USAA, --- So. 3d ---, 2018 WL599423 (Fla.218) 29
Some other things to consider: 1. Nature of the site 2. Number of friends 3. Your practice in determining whom to include and how to manage your settings. Page 6 & 12 in Florida Bar Journal, Vol. 98, #4 (July/August 2019) 30
Problem Set 3 Letter of Recommendation 31
Problem Set 3 Letter of Recommendation 3-1. touch over the years and you have some passing acquaintances with the friend s family. The friend s child just graduated from college and has applied to law school. The friend has asked you to write a letter of recommendation on the child s behalf. The child seems like a nice kid and you have definitely been around this family in some social settings over the years, and you, of course, have the child s list of various high school and college accomplishments. Is it OK for you to write this letter on personal letterhead? You have an old law school roommate who lives in another circuit. You have kept in 3-2. admission to the Florida Bar. She asks you to write a recommendation. May you voluntarily write a letter to the Florida Board of bar Examiners commenting on the character and fitness of the applicant for membership in The Florida bar? The friend s child has graduated from law school and is in the process of seeking 3-3. recommendation in support of the friend s application for a real estate license. In the distant past, the friend had a misdemeanor arrest and conviction. The purpose of your letter is to serve as additional information attesting to the friend s honesty, trustworthiness, current good character, and good reputation in the community. May you do this? You have a close, personal friend who has asked you to write a letter of 3-4. a criminal defendant awaiting sentencing in federal court? May you provide a character reference letter on your official letterhead on behalf of 32
3-1. You have an old law school roommate who lives in another circuit. You have kept in touch over the years, and you have some passing acquaintances with the friend s family. The friend s child just graduated from college and has applied to law school. The friend has asked you to write a letter of recommendation on the child s behalf. The child seems like a nice kid, and you have definitely been around this family in some social settings over the years, and you, of course, have the child s list of various high school and college accomplishments. Is it OK for you to write this letter on personal letterhead? 33
3-1. Letters of Recommendation No. Not unless you have: Actual knowledge; AND Communicate relevant factual information regarding character, knowledge, skills, and ability; AND No connection to investigation or adjudication where rights, duties, privileges, or immunities decided. 34
3-2. The friends child has graduated from law school and is in the process of seeking admission to the Florida Bar. She asks you to write a recommendation. May you voluntarily write a letter to the Florida Board of bar Examiners commenting on the character and fitness of the applicant for membership in The Florida bar? 35
3-2. Letters of Recommendation No. It is never appropriate for you to write to FBBE. Op. 18-10 36
3-3. You have a close, personal friend who has asked you to write a letter of recommendation in support of the friend s application for a real estate license. In the distant past, the friend had a misdemeanor arrest and conviction. The purpose of your letter is to serve as additional information attesting to the friend s honesty, trustworthiness, current good character, and good reputation in the community. May you do this? 37
3-3. Letters of Recommendation No, you may not write a letter of recommendation in support of a friend s application for a real estate license where friend had criminal conviction. Op. 13-08 38
3-4. May you provide a character reference letter on your official letterhead on behalf of a criminal defendant awaiting sentencing in federal court? 39
3-4. Letters of Recommendation No, you may not provide a character reference letter on official letterhead on behalf of a criminal defendant awaiting sentencing in federal court. In re White-Labora, 257 So. 3d 367, (Fla. 2018) In re Fogan, 646 So. 2d 191 (Fla. 1994) In re Able, 632 So. 2d 600 (Fla. 1994) Op. 10-34 Op. 97-03 40
Take Away Slide for Letter of Recommendation Canon 2B You can write it if: It is a letter of recommendation for admission to an educational institution or to a prospective employer; AND You know them and have actual knowledge and communication factual information regarding character, knowledge, skill, and ability relevant to the job in question or relevant to professional competency generally; AND This letter is not in any way connected to investigatory or adjudicatory proceedings where rights, duties, privileges, or immunities will be decided. Op. 07-06 Op. 08-24 Op. 17-09 Op. 13-08 Op. 18-10 Op. 19-23 Note: If you can do it, you can use letterhead. 41
Problem Set 4 Quasi-Extra-Judicial Activity 42
Problem Set 4 Quasi-Extra-Judicial Activity 4-1. arrangement you would, for compensation, appear on various segments to comment about, explain to, and educate this public concerning diverse legal matters including explaining and clarifying the proceedings during high publicity trials. Such a news forum is a great public service, as it would educate the public and explain the procedures and working of the court system. May you do this and accept compensation for such public service? You wish to enter into a contractual arrangement with a local television station. Under this 4-2. school has now invited you to participate in a video profile series featuring prominent alumni, a sort of grad-made-good series that is designed to inspire young people and their parents to seek out inspirational, formative education as a foundation for higher education and meaningful, productive careers. During your high school years, you attended an elite South Florida prep/boarding school. The The three-minute video will feature you discussing the many ways your prep academy education helped you set goals, aspire to a career, and achieve the success you have attained at the highest level. The videos will appear on the school s website and social media outlets. There will also be a still photograph of you, along with other distinguished alumni, on display in the foyer of the administration building near the trophy cases. The headmaster and development director have informed you that the videos are used for general campus promotion, but not for any currently planned direct fundraising initiatives. May you participate in the three-minute video shoot to be used in the manner described above? 43
4-1. You wish to enter into a contractual arrangement with a local television station. Under this arrangement you would, for compensation, appear on various segments to comment about, explain to, and educate this public concerning diverse legal mattes, including explaining and clarifying the proceedings during high publicity trials. Such a news forum is a great public service, as it would educate the public and explain the procedures and working of the court system. May you do this and accept compensation for such public service ? 44
4-1. Quasi-Extra-Judicial Activity No. Not for free and not for money, says Op. 96-25. Analysis involves interplay of at least six references spanning four Canons: 2B (shall not lend prestige of office to advance private interest of judge or others); 3A (judicial activities take precedence); 3B(8) (dispose of matters promptly and fairly); 3B(9) (make no comments while proceeding pending or impending in any court that might be reasonably expected to affects its outcome or impair its fairness); 4A(1) (6); 5A(1) (6). See Op. 2020-21 for JEAC recent thoughts on publications as opposed to broadcast media. See Op. 2021-10 and Op. 2021-14 for JEAC recent thoughts on broadcasts and podcasts. 45
4-2. prep/boarding school. The school has now invited you to participate in a video profile series featuring prominent alumni, a sort of grad-made-good series that is designed to inspire young people and their parents to seek out inspirational, formative education as a foundation for higher education and meaningful, productive careers. The three-minute video will feature you discussing the many ways your prep academy education helped you set goals, aspire to a career, and achieve the success you have attained at the highest level. The videos will appear on the school s website and social media outlets. There will also be a still photograph of you, along with other distinguished alumni, on display in the foyer of the administration building near the trophy cases. The headmaster and development director have informed you that the videos are used for general campus promotion, but not for any currently planned direct fundraising initiatives. May you participate in the three-minute video shoot to be used in the manner described above? During your high school years, you attended an elite South Florida 46
4-2. Extra-Judicial Behavior Probably not. Canon 5A ( shall conduct activities so as not to (2) undermine Integrity (3) demean the judicial office... Canon 5C (3) (b)(iii) (you may serve as officer, director, trustee, or non-legal advisor of educational organization not conducted for profit BUT as with Canon 2B, ... shall not permit use of prestige of judicial office for fundraising or membership solicitation. ) Opinions Op. 78 9 (OK to be a member of FSU Alumni Association and authorize your name and photograph to be used to assist Association in promoting memberships. But, name and photo NOT OK to use for solicitation of funds. In this opinion, membership funds were used to expand programs, and activate new clubs But not solicit funds or solicit new members) Op. 97-28 (Judge allowed to authorize college alma mater to feature him in ad campaign, not used to generate funding, but which profiled successful alumni To inspire others to consider higher education. So, it seems to be construed as merely a PSA.) MA Op. 2017 02 (college video profile series. Op advised Judge not to participate. Distinguished permissible booklet that included photos and bio sketches of alumni because booklet placed facts before the public. Booklet might invite inferences favorable to the University but that was different from advert presenting to public an endorsement deriving impact from the judicial office. ) 47
Take Away Slide(s) Quasi-Extra-Judicial Activity Quasi Quasi- -Judicial Activities Judicial Activities 1. Is the organization or governmental entity devoted to the improvement of the law, the legal system, the Judicial Branch, or the administration of justice? 2. Will the organization be engaged in proceedings that will come before a judge, or will it be engaged in frequent adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member? 3. Will membership cast reasonable doubt on impartiality; will it undermine integrity, independency, or impartiality; will it demean the judicial office; will it interfere with the proper performance of judicial duties; will it lead to frequent disqualification; will it appear to a reasonable person to be coercive? 4. Is the organization involved in fund-raising of any sort, and will the judge be called upon to participate in soliciting funds for the support of the organization? 5. Are the nature and purpose of the organization changing; is it advocating new positions; are its membership rules changing; has it begun to appear in legal proceedings? 48
Extrajudicial Activities Extrajudicial Activities 1. What is the purpose of the organization? (If organization is not specifically devoted to improving the law, legal system, or administration of justice, then membership governed primarily by Cannon 5 read with Canon 2A in mind. Because canon 2A requires a judge to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary, judge must be vigilantly attuned to mission, purpose, goals, objectives, and activities of nay organization in which judge holds membership or office. 2. Will the organization be involved in proceedings that will come before the judge, or will it be engaged in frequent adversary proceedings in in the court of which the judge is a member or in any court subject to the appellate jurisdiction of the court of which the judge is a member? 3. Will membership cast reasonable doubt on a judge s impartiality, demean the office, or interfere with the proper performance of judicial duties? 4. Is the organization involved in fund-raising of any sort, and will the judge be called upon to participate in soliciting funds to support the organizations? 5. Are the nature and purpose of the organization changing; is it advocating new positions; are its membership rules changing; has it begun to appear in legal proceedings? 49
Activities for Compensation from Which Judge Should Refrain. Activities for Compensation from Which Judge Should Refrain. If the answer to any one of the following eight questions is yes, then the judge must decline to engage in the activity. The eight queries are: 1. Whether the activity will detract from full time duties; 2. Whether the activity will call into question the judge s impartiality, either because of comments reflecting on a pending matter or comments construed as legal advice; 3. Whether the activity will appear to trade on judicial office for the judge s personal advantage; 4. Whether the activity will appear the place the judge in a position to wield or succumb to undue influence in judicial matters; 5. Whether the activity will lend the prestige of judicial office to the gain of another with whom the judge is involved or from whom the judge is receiving compensation; 6. Whether the activity will create any other conflicts of interest for the judge; 7. Whether the activity will cause an entanglement with an entity or enterprise that appears frequently before the court; and 8. Whether the activity will lack dignity or demean judicial office in any way. 50
