Judicial ethical code

March 18, 2009
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The Judicial Conference of the United States adopted a revised Code of Conduct yesterday, with one revision focusing on judicial impropriety and the appearance of impropriety. The revised code expands a little on when the appearance of impropriety occurs, but the definition is quite similar to what’s already in the existing code.

Here’s the kicker though: “Judges may reasonably differ in their interpretation” of when impropriety occurs, according to the revised code. Even though the restrictions in the code are cast in pretty general terms, a judge can decide that he or she didn’t do anything that looked improper.

Is it just me or does that not seem like a much of a change? Yes, they expanded on the definition of “appearance of impropriety” but if it’s up to each judge to determine whether it was committed, then there is still no uniform or close-to-uniform guide. The Associate Press had a story about this topic and noted two federal judges remain on the board of a corporate-funded group that provides freebies to judges. Another judge quit the board on the recommendation of the panel.

Based on this example, judges who serve on a boards that give them free seminars and trips can say there’s nothing wrong with that and remain on the board. That doesn’t seem like much of a revision of the Code of Conduct to me. If a judge is sitting on a board and getting freebies, I’d question how much of an influence that has on their decisions as a board member or as a judge.
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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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