Category: Massachusetts Judicial & Clerks’ Ethics Opinions

Owning Office Building with Attorneys as TenantsDecember 31, 1993CJE Opinion No. 93-3You have requested the advice of this Committee regarding the propriety of your ownership of an office building wherein some of the tenants are attorneys who regularly appear before you in a District Court.As you reported in your letter you are the owner of […]

Writing Letters of Recommendation,and Making Recommendations on Behalf of Judicial CandidatesNovember 18, 1994CJE Opinion No. 94-1Your letter requested the Committee’s advice with respect to the propriety of judges writing letters of recommendation at the request of former associates, students, and friends seeking professional, school, or organization positions. You have also been asked to write letters […]

Paying Discounted Bill for Legal ServicesDecember 28, 1994CJE Opinion No. 94-2Your letter requests the Committee’s advice with respect to the propriety of paying a discounted bill for legal services provided by a close personal friend. The legal services rendered arose from a claim against you in the course of your legal practice prior to your […]

Appointment as Director of Nonprofit CorporationJanuary 10, 1995CJE Opinion No. 95-1 You ask whether you may serve on the Board of Directors of the Crime and Justice Foundation. The Foundation is a non-profit corporation, funded by public contracts, private grants, and contributions from individuals. As described in its literature, it develops and supports programs in such […]

Service as Shareholder and Treasurer of Investment PartnershipJuly 13, 1995CJE Opinion No. 95-2You have asked this Committee’s advice concerning the propriety of your status as shareholder and treasurer of an investment partnership that trades in publicly listed stock. The partnership consists of twenty-one persons, mostly retired individuals. It meets once a month to decide upon […]

Appointment to Sub-Committee of Trustees Overseeing Conflict of Interest PolicyJuly 13, 1995CJE Opinion No. 95-3You have asked the Committee’s advice about the propriety of your service on a sub-committee of a university’s board of trustees that would oversee the university’s conflict of interest policy for trustees, overseers, and officers. The university has adopted a detailed […]

Activities, Including Fundraising, on Behalf of A Not-for-Profit CorporationJuly 18, 1995CJE Opinion No. 95-4A judge has requested advice from this Committee concerning the applicability of the Code of Judicial Conduct to the activities of a certain Task Force described below. (While the request is couched in terms of the actions of a “not-for-profit corporation” and […]

Recusal from Ongoing LitigationJuly 20, 1995CJE Opinion No. 95-5The question you have posed — one of some complexity — involves the application of Canon 3(C)(1)(b) to divorce litigation that was in its fourth day of trial before you when the scope of the problem was fully disclosed. The Canon, insofar as material, reads:”A judge should […]

Recusal: Proceedings Involving Members of Former Law FirmJuly 20, 1995CJE Opinion No. 95-6You have asked this Committee’s advice concerning the propriety of members of your former law firm appearing before you in the Probate and Family Court.Canon 3(C)(1)(b) provides:”(1) A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, […]

Acceptance and Use of Amtrak Rail PassJuly 21, 1995CJE Opinion No. 95-7You have requested advice from this Committee on whether you may accept and use a “Special Rail Travel Privilege Card” issued by the board of directors of the National Railroad Passenger Corporation, commonly referred to as “Amtrak.” Prior to your appointment as a judge, […]

Attendance at and Receiving Awards at Certain Events, and Making Contributions to Certain OrganizationsJuly 24, 1995CJE Opinion No. 95-8You ask whether you may participate in various activities of the Gay and Lesbian Advocates and Defenders (GLAD). GLAD is a non-profit corporation whose mission “is to vindicate and expand all areas of gay and lesbian civil […]

Sending Letter of Recommendation to Executive CouncilJuly 31, 1995CJE Opinion No. 95-9You request an opinion concerning the propriety of sending a letter of recommendation to the Executive Council in support of a nominee for appointment to the judiciary.In a previous opinion (CJE Opinion No. 94-1) this Committee addressed the issue of whether Canon 2(B) precluded […]

Acceptance of Publishing Company’s Donation of a CD-ROM ProductSeptember 22, 1995CJE Opinion No. 95-10You have requested this Committee’s opinion whether the acceptance of a publishing company’s donation of a CD-ROM product to the Superior Court, for anticipated use by justices of that court, violates the Code of Judicial Conduct.In your letter you informed the Committee […]

Ordering Supervised Visitation at Center run by Children of Court’s Family Service OfficerApril 26, 1996CJE Opinion No. 96-1You have requested the advice of this Committee regarding your ability to order supervised visitation at a center that is owned and run by two children of one of your court’s Family Service Officers. That officer is not […]

Serving on Board of Directors of Legal Services Organization June 12, 1996 CJE Opinion No. 96-2 You have requested the advice of this Committee on whether you may continue to serve on the board of directors of a private nonprofit corporation which, according to its Articles of Merger, exists: to provide legal representation and assistance […]

Propriety of Presiding on Cases Involving a District Attorney’s Office When Spouse is First Assistant District AttorneyOctober 4, 1996CJE Opinion No. 96-3You request an opinion concerning the propriety of your presiding as a district court judge over cases involving a particular District Attorney’s office in which your spouse serves as the First Assistant District Attorney.You […]

Appointment to Task Force Concerning Admission Criteria for Public SchoolOctober 8, 1996CJE Opinion No. 96-4You have asked for advice whether you may accept appointment to a task force established by the Boston Public School Committee to review the admission criteria for Boston Latin School. You are the parent of two children who attend the school.In […]

Contributing to Mass. Bar FoundationApril 15, 1997CJE Opinion No. 97-1You have requested the advice of this Committee as to whether you may continue to contribute to the Massachusetts Bar Foundation. Prior to becoming a judge, you participated in the Foundation’s pledge program which anticipates an annual contribution toward a specific monetary goal.According to its 1995 […]

Serving on Board of Directors of NonprofitApril 15, 1997CJE Opinion No. 97-2You have asked our opinion with respect to the following situations.Your first inquiry is whether you may write a letter attesting to the character of a defendant in connection with the sentencing phase of a matter in which the defendant has pleaded guilty in […]

Serving as ExecutorApril 22, 1997CJE Opinion No. 1997-3You have asked this Committee’s advice concerning the propriety of your serving as executor of the estate of the late ______ ______.Canon 5(D) provides:A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of […]