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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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