Category: Massachusetts Judicial & Clerks’ Ethics Opinions

Unpublished OpinionDecember 5, 2007CJE Opinion No. 2007-10     The Committee has decided not to publish this opinion because, even in redacted form, the identity of the requesting judge could easily be determined.          The opinion involves Sections 2 B, 3 B (9), 4 C, and 5 A (3) of the Code of Judicial Conduct.

Accepting “Man of the Year Award”October 26, 1999CJE Opinion No. 99-10You have asked for this Committee’s advice with respect to the propriety of accepting a “Man of the Year Award” conferred by a charitable organization at its annual dinner. From your letter, the Committee understands that the organization’s annual dinner is not a fund-raising event […]

Using Judge’s Surname in Title of Former Law Firm During Dissolution; Receiving a Share of Fees Collected by Former FirmMarch 24, 2008CJE Opinion No. 2008-2You have requested advice as to your obligations under the Code of Judicial Conduct as you transition from your private practice to your new judgeship.  Specifically, you ask whether it is […]

Withdrawal From Trustee Position After Appointment to JudgeshipApril 18, 2008CJE Opinion No. 2008-3You have requested an opinion from the Committee on Judicial Ethics regarding your obligations to a trust for which you are the trustee. According to your letter to the committee, (1) you were recently appointed as a judge of one of the Trial […]

Attending Trial and Testifying in Litigation Involving Close Family Member July 11, 2008 CJE Opinion No. 2008-4 You have requested an opinion from the Committee on Judicial Ethics regarding a possible trial involving a family member. Specifically, you have stated that a close family member is involved in emotionally-charged litigation in a Court Department other […]

Appearing Before a Federal Court or Agency in Massachusetts; Announcing Name of Firm Judge Will Be JoiningJuly 11, 2008CJE Opinion No. 2008-5     You have sought guidance as to whether following your retirement as a judge you may immediately enter an appearance in a federal court or agency in Massachusetts or if you must wait the […]

Obligation to Report Attorney Misconduct to Board of Bar OverseersOctober 6, 2008      CJE Opinion No. 2008-6You have asked four questions concerning possible recusal from cases involving an attorney whom you are considering referring to the Board of Bar Overseers. This attorney is counsel in a number of cases before you, and also represents himself as […]

Appointment to Government CommitteeOctober 6, 2008CJE Opinion No. 2008-7 You are a judge who has served since 2005 as your Court’s representative to the Massachusetts Interagency Council on Substance Abuse and Prevention, The Council was first established in 2005 by Executive Order No. 467 and re-established by Executive Order No. 496.You have recently been made aware […]

Serving as a Justice of the PeaceOctober 6, 2008CJE Opinion No. 2008-8     You are three judges who seek the advice of the Committee on Judicial Ethics concerning whether you may, consistent with the Code of Judicial Conduct, serve as justices of the peace exclusively to solemnize marriages. You have been serving as justices of the […]

Serving as Executor for Long-term FriendNovember 12, 2008In 2005, you requested advice from the Committee regarding your ability to continue your service as the executor of an estate after you were sworn in as a judge. The estate was created by the death of a person with whom you had had a long relationship but […]

Serving as Guardian of Mentally Incompetent WardDecember 1, 2008CJE Opinion No. 2008-10     You have asked the Committee for an opinion on the propriety of your continued service as guardian to a mentally incompetent ward, and whether this situation is encompassed in the “close familial relationship” provided in Section 4E of the Code of Judicial Conduct. […]

Participating in a Charity Walk; Fundraising WebsitesDecember 15, 2008CJE Opinion No. 2008-11     You are a Trial Court Judge who recently participated in a fundraising walk to raise money for cancer research. Prior to the event, you inquired informally of the Committee whether you might, conformably with the Code of Judicial Conduct, solicit contributions from your […]

Serving on a Hospital Ethics CommitteeDecember 15, 2008CJE Opinion No. 2008-12     You have asked whether the Massachusetts Code of Judicial Conduct permits you to accept an invitation to become a member of the Ethics Committee of a local hospital. [Public information from the hospital’s website indicates that it is a private, non-profit institution.] You have […]

Receiving an Award at an Event Where Sponsors Have Substantial Business Before the CourtsJanuary 26, 2009CJE Opinion No. 2009-1     You requested advice from the Committee on Judicial Ethics regarding the propriety of attending a function at which you would be recognized for your contributions to the law. Your inquiry was apparently sparked by two aspects […]

Selling, Donating and Exhibiting Landscape PhotographsMay 1, 2009     You have asked a series of related questions concerning the propriety of exhibiting and selling landscape photographs as an avocational activity. The Committee has previously concluded that the sale and exhibition and sale of fine art paintings was permitted provided the judge was not conducting a business […]

Serving on Statutory CommissionMay 1, 2009CJE Opinion No. 2009-3    Statute 2008, c. 302, ?56, creates an eleven-member special commission to study the impact of “the OxyContin and heroin epidemic on state and municipal government” and to identify potential strategies for coping with that epidemic. The legislation provides that the study must include consideration of a […]

The Committee on Judicial Ethics has determined that the following opinion will be published in its unredacted form. The Committee has not changed its policy of posting opinions in a manner that protects the identity of the requesting judge.Deferred Associates Serving as Volunteer Interns/Law ClerksJune 8, 2009CJE Opinion No. 2009-4You are the Chief Justice of […]

Subpoena to testify at a depositionSeptember 24, 2009CJE Opinion No. 2009-5     You are a Trial Court Judge who has learned that you are about to be served with a subpoena to testify at a deposition in connection with two related civil suits. You inquire of the Committee whether under the Code of Judicial Conduct you […]

Attending drug court conference, expenses reimbursed by local foundationJanuary 6, 2010CJE Opinion No. 2010-1      You have requested an opinion by the Committee on Judicial Ethics as to whether you may accept payment from a local foundation for lodging expenses for two nights as part of your participation in a drug court conference sponsored by the […]

Serving on Board of Directors, non-profit organization providing services to juveniles & families March 4, 2010 CJE Opinion No. 2010-2 You have requested an opinion by the Committee on Judicial Ethics as to whether you, as a district court judge from one region, may apply to serve on the board of directors of a charitable […]