- ETHICS OPINIONS & UPDATES
ADVISORY OPINIONS OF THE CJA ETHICS COMMITTEE
Formal opinions are issued as new issues arise. Although they do not have the force of law, they represent an in-depth analysis to help judges interpret the Canons. A complete list of all formal opinions issued by the CJA Ethics Committee are available in The California Judicial Conduct Handbook by Judge David M. Rothman.
JUDICIAL ETHICS UPDATES
Summaries of the questions answered by the Ethics Committee for the year.
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ADVISORY OPINIONS OF THE CJA ETHICS COMMITTEE: * Opinions in grey which are no longer applicable are not included. Citations for these opinions refer to the old Code of Judicial Conduct (1975). |
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| Opinion No. 80 | "Serving on Governmental Task Force: The Ethical Considerations" |
| Opinion No. 79 | "Ethical Considerations Regarding Membership in National Organizations that Prohibit Conferences and Organization-Sponsored Activities in States that have Enacted Discriminatory Laws Against Persons Based on Sexual Orientation, Gender Identity or Gender Expression" |
| Opinion No. 78 | "Online Social Networking II: The Ethical Implications Of Writing Online Reviews And Of Using The Like Function On Social Network Platforms" |
| Opinion No. 77 | "Ethical Issues When Court Investigators and Support Staff Give The Court Information Concerning Pending Litigation (Canon 3B(7))" |
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Opinion No. 76 76 Addendum |
"Ethical Issues for Judges When Self-Represented Litigants Appear in Court (CANONS 3B & 2A)" |
| Opinion No. 75 | "The Law, The Legal System Or The Administration of Justice: Community Involvement And Measures To Improve The Law" |
| Opinion No. 74 | "Judicial Responsibilities When Discovering Attorney Misconduct (Canon3D(2))" |
| Opinion No. 73 | "Judicial Letter Writing Supporting Grant Applications" |
| Opinion No. 72 | "Judicial Participation in Video Presentations" |
| Opinion No. 71 | "Judicial Attempts at Settlement" |
| Opinion No. 70 | "Judges Giving Gifts To Court Staff" |
| Opinion No. 69 | Disqualification Issues When Judge Served as a Lawyer in a Prior Case That is Now Alleged as a Prior Conviction |
| Opinion No. 68 | Ethics of Internet Research of Facts by Trial Judges |
| Opinion No. 67 | Monitoring the Internet for Potential Threats to Judicial Security. |
| Opinion No. 66 | Online Social Networking |
| Opinion No. 65 | Judge As Author |
| Opinion No. 64 | Presiding Judge's Duty to Discipline Judges Under Presiding Judge's Supervision. -Authoritative. |
| Opinion No. 63 | Disqualification and Disclosure Requirements of a Hearing Judge When a Judicial Colleague (or the Colleague's Family Member) or an Employee of the Court has an Interest in the Case. -Authoritative |
| Opinion No. 62 | Ethical Limitations on Presiding Judge's Authority to Recuse the Entire Bench -Authoritative |
| Opinion No. 61 | Membership on Advisory Committees to Government or Nonprofit Entities -Authoritative |
| Opinion No. 60 | Duration of Disclosure -Authoritative |
| Opinion No. 59 | Disqualification and Disclosure Requirements Where a Judge Owns Stock in the Parent or Subsidiary Corporation of a Party. -Authoritative |
| Opinion No. 58 | Propriety of Judges Attending Events Hosted or Sponsored by Law Enforcement. --Authoritative. Refer to Canons 1, 2A, 3E(2), 4A(1), 4D(5), and 4D(6) |
| Opinion No. 57 | Media Appearances and Interviews. -- Authoritative. Refer to Canons 2B(2), 3B(9), 4A, 4B, 4D(2), 5, Standards of Judicial Administration Sec. 39, Opinion 10, and Rothman at 5.34, and 10.05. |
| Opinion No. 56 | Ethical Considerations When a Judge or a Member of a Judge's Family has Been Arrested or is Being Prosecuted for Criminal Activity. --Authoritative. Refer to Canons 1, 2A, 2B(2), 3B(1), 3D(3), 3E(1), 3E(2), CCP 170, 170.1(a), CA Constitution, Art. VI, Section 18(a), Section 18(c), CA Rule of Court 6.608, and Rothman at 7.46. |
| Opinion No. 55 | Disqualification and Disclosure Requirements Where a Member of Judge's Family is Employed by a Government Entity Party Appearing Before the Court. --Authoritative. Refer to Canons 3E(1), 3E(2), 3E(3), CCP 170.1(a), CCP 170.5(b), CCP 170.3(b) |
| Opinion No. 54 | Disclosure and Disqualification Requirements for Judges Whose Courts are Involved in Litigation. --Authoritative. Refer to Canons 3E(1), 3E(2), CCP 170.1(a)(6)(C), and GC Sec 811.9 |
| Opinion No. 53 | Disclosure and Disqualification Considerations Stemming from Judicial Donations to Public Interest Law Firms and Organizations. - Authoritative. Refer to Canons 2A, 3A, 3B, 3E, 3E(2), 3E(3)(iii), 4A(1), 4A(3), 4D(4), CCP 170.1, 170.1(a)(6) |
| Opinion No. 52 | Judicial Interaction with Jurors and their Employers Before, During, and After Trial. -- Authoritative. Refer to Canons 2A, 2B(2), 2B(4), 3B(3), 3B(4), 3B(7), 3B(10), 4C(3)(d)(ii), 4C(3)(d)(iv) and Rothman 2.20, 3.19, 3.60, 5.13, 5.70 |
| Opinion No. 51 | Disqualification and Disclosure Requirements Related to Positions in the Legal Community Held by Family Members of Judges. -- Authoritative. Refer to CCP 170, 170.1, 170.5, Canons 3B(1), 3E, and Rothman at 7.00, 7.20, 7.21, 7.23, 7.45 and 7.46. |
| Opinion No. 50 | Acceptance of Honors/Awards from Specialty Bars and Other Groups. -- Authoritative. Refer to Canons 2, 4, 5 and Rothman, Sec. 10/28 |
| Opinion No. 49 | Ethical Considerations Regarding Political Activities of a Judge's Family Members. --Authoritative Refer to Canons 2, 5, and Rothman, Sec. 11.29 |
| Opinion No. 48 | Disclosure of Judicial Campaign Contributions. -Authoritative. 2011 Update: Superseded in part by CCP sec 170.1(a)(9). |
| Opinion No. 47 | Propriety of Judges Associating with Attorneys at Social and Educational Settings. --Authoritative. Refer to Canons 2A, 2B(2), 3E, 4A, 4B, and Rothman at 210.500, 230 and 260.500. |
| Opinion No. 46 | Judicial Participation in Organizations and Governmental Boards which Address Issues Involving the Administration of Justice and Social Problems in the Community. --Authoritative. Refer to Canons 2A, 2C, 4A, 4A(2), 4C(2), 4C(3), 5, 5D, Opinions 22 and 27, and Rothman at 230, 230.110, 230.121 and 230.122. |
| Opinion No. 45 | Disclosure Requirements Imposed by Canon 3E Pertaining to Judicial Disqualification. -Authoritative. Refer to Canon 3E, CCP 170.1 and Opinions 51 and 55. 2011 Update: Superseded in part by CCP sec 170.1(a)(9). |
| Opinion No. 44 | Limitations on Accepting Gifts Under the Code of Judicial Ethics and CCP Sec. 170.9. --Authoritative. Refer to CCP 170.9 and Opinion 43. |
| Opinion No. 43 | Accepting Invitations from Attorneys to Attend Social Events Where Food, Beverage or Entertainment is Provided Without Charge. --Authoritative. Refer to Canons 2A, 2B, 3A, 4A, 4D(5), 4D(6), Rothman at 220.420 and 490. |
| Opinion No. 42 | Fund-Raising Among Judges. --Authoritative. Refer to Canons 2, 4C(3) and Opinion 41. |
| Opinion No. 41 | Fund-Raising. --Authoritative. Refer to Canons 2B, 4C(3)(d) and Opinion 27. |
| Opinion No. 40 | Letters of Recommendation - Character Testimony. --Authoritative. Refer to Canons 2, 4, 5. |
| Opinion No. 39 | Gifts: Accepting Expenses of Foreign Study Tour. --Authoritative. Refer to Canons 2A, 2B, 4B, 4D(6)(a), 4D(6)(b), 5D and CCP Sec. 170.9. |
| Opinion No. 38 | Retired Judges: Judicial Assignment While Active Members of State Bar. --Authoritative. Refer to Canons 2A, 4D(2), 4E(1), 4F, 4G, 4C(2), Calif. Constitution, Art. 6, Sec. 17 and 18, B&P Code Sec. 6002-6006, 6125, and GC Sec. 68082. |
| Opinion No. 37 | Ex Parte Communications Probation Officer. --Authoritative. Refer to Canons 2, 2B(2), 3B(7) and 3B(7)(a), 3B(7)(b), W&I Code Sec. 270, PC Sec. 1202, 1203, 1205, and 1208. |
| Opinion No. 36 | Judges Wearing Robes; Photos of Judges Wearing Robes. --Authoritative. Refer to Canons 2 and 4B. |
| Opinion No. 35 | Propriety of a Sitting Judge or Justice Standing for Election to Make Public Comment on Legal Issues (Abortion). --Authoritative. Refer to Canons l, 2A and 4B. |
| Opinion No. 34 | Membership in Private Clubs Which Practice Invidious Discrimination on the Basis of Race, Sex, Religion or National Origin. --Authoritative. Refer to Canon 2A and 2C. |
| Opinion No. 33 | Solicitation of Funds for Defense Before the Commission on Judicial Performance. --Authoritative. Refer CCP Sec. 170.9, Canon 4D(5) and Canon 5. |
| Opinion No. 32 | Pay Limit Amendment. Archived --deemed as a unique situation. |
| Opinion No. 31 | Service on Board of Directors of Legal Aid Society. --Authoritative. Refer to Canon 4C(3)(a). |
| Opinion No. 30 | Service in the California National Guard. -- Authority: Canons 2C, 4F and 4G |
| Opinion No. 29 | Private Lecture to a Select Group / Structured Luncheon Lecture. Superseded by Opinion 43, and CCP 170.9. |
| Opinion No. 28 | Appearance on Television Program. --Authoritative. Refer to Canons 2B, 3B(9), 4A(1), 4B, 4D(2), and 4H(1). |
| Opinion No. 27 | Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations as an Officer, Director or Trustee - Authoritative. Refer to Canons 4C(3)(d)(I) and (iv). |
| Opinion No. 26 | Surveys Re Judicial Philosophy - Response. Refer to Canon 5B. |
| Opinion No. 25 | Political Contributions. Superseded by old Canon 7A(1)(c). |
| Opinion No. 24 | Response to Judicial Evaluation Polls and Public Criticism. --Authoritative. Refer to Canon 3B(9). |
| Opinion No. 23 | Right of Part-Time Judges to Practice Law in Other Courts. Refer to Page 29, Section A(2) and Government Code Section 68083. |
| Opinion No. 22 | Judge Serving as Chairman of Alcoholism Advisory Board. --Authoritative. Refer to Canon 4C(3)(a). |
| Opinion No. 21 | Judge Hearing Matters Presented by a Member of Law Firm in Which Judge's Son-In-Law Employed. Refer to Canon 3E, CCP 170.1, and Opinion 45. |
| Opinion No. 20 | Retired Judge Serving as Trustee. Superseded by old Page 29, Paragraph C. |
| Opinion No. 19 | Judge Hearing Matters Presented by a Former Associate in the Practice of Law. Refer to Canon 3E, CCP 170.1, and Opinion 45. |
| Opinion No. 18 | Video Taping of Courtroom Proceedings. Refer to Canon 3A(7). |
| Opinion No. 17 | Business Interests Ownership of Stock -- Directorships. Superseded by old Canon 5C(2). |
| Opinion No. 16 | Participation in Charitable and Religious Causes. Refer to old Canon 5B(2). |
| Opinion No. 15 | Judge Acting as Dean of Law School . -- Authoritative. Refer to Canons 4C(2) and 4C(3). |
| Opinion No. 14 | Support by Judge of Non-Partisan Political Candidate. Refer to Canon 5. |
| Opinion No. 13 | Sponsorship by a Retired Judge of a Partisan Political Candidate. Refer to Canons 5 and 6. |
| Opinion No. 12 | Use of Title "Judge, Retired" on Letterhead. --Authoritative. Refer to Canons 6A, 6B and 6C. |
| Opinion No. 11 | Acting as Trustee. --Authoritative. Refer to Canons 2B(2), 4C(3)(c), 4D(1)(a)(b), 4D(2), 4D(3) and 4E. |
| Opinion No. 10 | Appearance on Television Program. --Authoritative. Refer to Canon 2B and Canon 4D(2). |
| Opinion No. 9 | Transcription of Court Proceedings. Superseded by old Canon 3A(7). |
| Opinion No. 8 | Appearance on Television Program. Superseded by old Canon 5C(2). |
| Opinion No. 7 | Improper Publicity of Court Proceedings. Superseded by old Canon 3A(7). |
| Opinion No. 6 | Splitting of Gratuity for Solemnizing Marriages. --Authoritative. Refer to Canon 4D(1)(a). |
| Opinion No. 5 | Gratuities for Solemnizing Marriage. --Authoritative. Refer to Canon 2A. |
| Opinion No. 4 | Gratuities for Solemnizing Marriages. Superseded by Canons and Statutes. |
| Opinion No. 3 | Serving on Advisory Committee of Non‑Partisan Organization and Endorsing Local Legislation. Superseded by old Canon 7. |
| Opinion No. 2 | Partisan Politics. Superseded by old Canon 7A. |
| Opinion No. 1 | Judges Serving as Trustee. Superseded by old Canon 5D. |
