Category: Massachusetts Judicial & Clerks’ Ethics Opinions

Testifying Before General Court CommitteeJuly 28, 1997CJE Opinion No. 97-5Your letter requests our advice with respect to the propriety of your appearance before a joint House-Senate Committee to testify concerning the death penalty. You were asked by a friend to do so. After being advised by the chair of this Committee that the question was […]

Testifying Before General Court CommitteeJuly 28, 1997CJE Opinion No. 97-4Your letter requested our advice with respect to the propriety of your appearance before committees of the Massachusetts House and Senate to testify, upon request, regarding the introduction of capital punishment into the laws of the Commonwealth. The most relevant provision of the Code of Judicial […]

Recusal, Matters Involving Co-authorsJuly 28, 1997CJE Opinion No. 97-6You state that you recently were a panelist at a bar association seminar. The other panelists were an attorney who practiced alone and two attorneys who were partners in a small firm. It has been proposed that the written materials you and the other panelists prepared for […]

Serving as Mass. Bar Section ChairJuly 29, 1997CJE Opinion No. 97-7You have requested an opinion of this committee on the applicability of the Code of Judicial Conduct to your acceptance of an invitation to serve as a section chair of the Massachusetts Bar Association. Attached to your request was the “job description” for section chairs.Your […]

Touring Section of City With Certain PersonsSeptember 26, 1997CJE Opinion No. 97-8Your letter requests our advice about the propriety of your acceptance of an invitation from a city’s Safe Neighborhood Initiative to participate in a tour of a designated area of that city. The membership of that organization consists of residents and representatives of various […]

Assisting Organizations to Educate CourtsOctober 17, 1997CJE Opinion No. 97-9You seek the advice of this Committee concerning a request you have received to participate in a project designed to educate courts, correctional authorities, and parole boards, in creating coordinated programs, based on improved or new methodologies, designed to improve the effectiveness of criminal justice systems. […]

Implementing Case Management SystemOctober 17, 1997CJE Opinion No. 97-10You have requested an opinion concerning your use of a Pretrial Conference Report form and a Civil Trial Calendar form on an experimental basis in several District Courts as part of a District Court civil jury pilot project. You indicate that several judges have expressed concern that […]

Inclusion in Law School Booklet re Alumni JudgesMarch 3, 1998CJE Opinion No. 98-1You are an alumnus of a law school, which is a non-profit corporation qualifying for tax exempt status under Section 501(C)(3) of the Internal Revenue Code. The law school has produced a booklet about its alumni judges which includes photographs and biographical sketches. […]

Accepting Award from Association Representing Service ProvidersMarch 19, 1998CJE Opinion No. 98-2You have asked this Committee’s advice concerning the propriety of your acceptance of an award from a private association that represents many alcohol and drug service providers. For the reasons discussed herein, the Committee advises you not to accept the award.The written material submitted […]

Accepting Compensation for Legal Services Rendered in Practice March 19, 1998 CJE Opinion No. 98-3 ?You have asked this Committee’s advice concerning the propriety of accepting money for legal services rendered to a client when you were an attorney. In your letter, you informed us that while you were a practicing lawyer, you were employed […]

Political Activity by Family MembersMarch 19, 1998CJE Opinion No. 98-4You ask the Committee’s advice regarding the applicability of the Code of Judicial Conduct to political activity by members of your family. You state that your [spouse] is a former elected official who has remained active in politics. Periodically,[s]he organizes and attends political strategy meetings and […]

Bar Association Involvement in Court CelebrationMarch 19, 1998CJE Opinion No. 98-5You have asked this Committee’s advice with respect to potential bar association involvement in the celebration of a landmark anniversary of your court. You asked about the propriety of the following:         a) a bar association making a financial contribution to the event;         b) one or more members […]

Appearing as a WitnessMarch 19, 1998CJE Opinion No. 98-6You have asked this Committee to respond to six questions which arise out of a murder case involving a family with whom you have had a close personal and professional relationship. The accused and the murder victims were members of this family.Your questions numbered 1 and 3 […]

Serving as Elected Officer or Director of Golf ClubApril 13, 1998CJE Opinion No. 98-7You have asked this Committee’s advice with respect to the propriety of your serving as an elected officer and director of your golf club, a non-profit corporation with 600 members. The officers set club policies, oversee the raising and spending of all […]

Serving as Bar Association Treasurer; as Chair of Board of EditorsApril 13, 1998CJE Opinion No. 98-8You have requested an opinion of this Committee on the applicability of the Massachusetts Code of Judicial Conduct to your service as:the treasurer of a bar association; andthe chair of the board of editors of that bar association’s publication.Your duties […]

Discussing Pending Case With Other JudgeAugust 3, 1998CJE Opinion No. 98-10You have asked for the Committee’s advice concerning a case pending before your court in which central issues presented for your decision are pending also before a judge of another department of the Trial Court, in a case involving the same parties, the same counsel, […]

Reporting Contact by Another JudgeAugust 6, 1998CJE Opinion No. 98-11Your inquiry indicates that you have recused yourself in a paternity matter under the following circumstances. The parties were appearing pro se except that the Department of Revenue was representing the mother in connection with child support. At a stage in the proceedings when the father […]

Reporting Contact by Another JudgeAugust 6, 1998CJE Opinion No. 98-12         You have asked us about your obligation to file a report with the superior of the Federal judge whose conduct was reported to you in the circumstances described in our Opinion 98-11, a copy of which is enclosed. As we advised the inquiring judge in that […]

Serving on Community Policing CommissionAugust 27, 1998CJE Opinion No. 98-13 You ask whether you may serve on a city’s Community Policing Commission. The Commission was established in June of 1997 by an ordinance of the City Council. Under the terms of that ordinance the Commission is composed of nineteen members, generally appointed by the Mayor. Its […]

Maintaining Professional Corporation; Retaining Interest in Closely Held CorporationAugust 27, 1998CJE Opinion No. 98-14You have requested the advice of this Committee on two subjects. The first involves the propriety of maintaining in existence the professional corporation through which you practiced law. The second involves the propriety of your retaining a twenty-five percent ownership interest in […]