Judges in street clothes : acting ethically off-the-bench / Raymond J. McKoski.
2017
KF8779 .M35 2017 (Map It)
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Details
Author
Title
Judges in street clothes : acting ethically off-the-bench / Raymond J. McKoski.
Published
Madison : Fairleigh Dickinson University Press ; Lanham, Maryland : The Rowman & Littlefield Publishing Group, Inc., [2017]
Call Number
KF8779 .M35 2017
ISBN
9781611479225 (hardcover ; alkaline paper)
1611479223 (hardcover ; alkaline paper)
9781611479232 (electronic)
1611479223 (hardcover ; alkaline paper)
9781611479232 (electronic)
Description
xiii, 265 pages ; 24 cm.
System Control No.
(OCoLC)979729886
Summary
"To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. [This book analyzes] the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This...resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings. From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater? [The author] discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: McKoski, Raymond J. Judges in street clothes. Lanham [Md.] : Fairleigh Dickinson University Press, 2017 9781611479232 (DLC) 2017018129
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Preface
xi
1.
Preliminary Considerations
1
1.1.
Judges Lead Double Lives
1
1.2.
ABA Model Codes of Judicial Conduct
7
1.2(a).
Comparing the Origin of the ABA's First Judicial Code with the Origin of the ABA's First Lawyers' Code
8
1.2(b).
Judge Kenesaw Mountain Landis
10
1.2(c).
Aspirational Guidelines to Mandatory Rules
13
1.3.
Judicial Disciplinary Commissions
14
1.4.
Judicial Ethics Advisory Committees
18
1.5.
Preliminary Definitions
23
1.5(a).
Defining the Terms Educational, Religious, Charitable, Fraternal, and Civic
24
1.5(b).
Identifying Organizations that Concern the Law, the Legal System, or the Administration of Justice
30
2.
State's Interests in Restricting Extrajudicial Activities
41
2.1.
Introduction
41
2.2.
Safeguarding Judicial Independence, Integrity, and Impartiality
42
2.3.
Ensuring the Proper Performance of Judicial Duties
46
2.4.
Protecting Against the Misuse of Judicial Prestige
48
2.5.
Preventing Separation of Powers Conflicts
50
2.6.
Heart of the Matter
51
3.
Evolution of Restrictions on the Extrajudicial Activities of Judges
53
3.1.
Introduction
53
3.2.
Canons of Judicial Ethics (1924): The First Model Code
54
3.3.
Code of Judicial Conduct (1972): The Mandatory Code
58
3.3(a).
Canon 4: Law-Related Extrajudicial Activities
59
3.3(b).
Canon 5: Non-Law-Related Extrajudicial Activities
60
3.3(c).
Comparing the Fund-Raising Provisions of Canons 4 and 5
62
3.4.
Model Code of Judicial Conduct (1990): A "Real World" Code
64
3.4(a).
Extrajudicial Activities: The General Provisions of the 1990 ABA Code
64
3.4(b).
Fund-Raising Under the 1990 ABA Code
66
3.5.
Model Code of Judicial Conduct (2007): The 21st Century Code
68
3.5(a).
Extrajudicial Activities: The General Provisions of the 2007 ABA Code
69
3.5(b).
Fund-Raising Under the 2007 ABA Code
71
4.
Restrictions on the Law-Related, Educational, Religious, Charitable, Fraternal, and Civic Activities of Judges
73
4.1.
Introduction
73
4.2.
Safeguarding the Proper Performance of Judicial Duties
74
4.2(a).
Excessive Time Away from Judicial Duties
74
4.2(b).
Frequent Disqualification
77
4.3.
Protecting Judicial Independence, Integrity, and Impartiality
78
4.3(a).
Membership in Law-Related Organizations
79
4.3(b).
Membership in Non-Law-Related Organizations
88
4.3(c).
Receiving Awards
104
4.3(d).
Attending Events
108
4.3(e).
Speaking, Teaching, and Writing: The Governing Provisions
109
4.3(f).
Speaking
110
4.3(g).
Teaching
126
4.3(h).
Writing
134
4.3(i).
Educating Political Branch Officials
144
4.3(j).
Service on Governmental Commissions
155
4.4.
Misuse of the Prestige of Judicial Office
161
4.4(a).
Direct Solicitation of Funds by Judges
162
4.4(b).
Participating in Fund-Raising Events
167
4.4(c).
Funding Recommendations on Behalf of Law-Related Programs
179
4.4(d).
Fund-Raising for Religious Purposes
181
4.4(e).
Unannounced Awards
183
4.4(f).
Fund-Raising Journals
185
4.4(g).
Charitable Fund-Raising from the Bench
188
4.4(h).
Soliciting Non-Financial Assistance
190
4.4(i).
Marketing Publications Authored by Judges
196
4.4(j).
Use of Government Property for Charitable Purposes
198
5.
Extrajudicial Activities and the First Amendment
201
5.1.
Introduction
201
5.2.
Strict Scrutiny
203
5.2(a).
Republican Party of Minnesota v. White
204
5.2(b).
Williams-Yulee v. Florida Bar
205
5.3.
Intermediate Scrutiny
206
5.4.
Judges as Public Employees: The Pickering-Connick Test
207
5.5.
Rational-Basis Scrutiny
209
5.6.
Identifying the State's Interests in Restricting Extrajudicial Speech
210
5.6(a).
Appearances as a State Interest
211
5.6(b).
Mississippi Commission on Judicial Performance v. Wilkerson
214
5.7.
Appropriate Level of Scrutiny
217
5.8.
Constitutionality of Fund-Raising Restrictions
219
5.9.
Religious Speech Restrictions and the Constitution
222
5.10.
Public Comment on Pending Cases and the Constitution
225
5.11.
Constitutional Protection for Speech Concerning the Law, the Legal System, or the Administration of Justice
227
Bibliography
231
Index
251
About the Author
265