Category: Massachusetts Judicial & Clerks’ Ethics Opinions

Commenting Publicly About Matter in Which InvolvedSeptember 11, 1998CJE Opinion No. 98-15You have asked a number of questions, some general, others specific, with respect to a judge’s ability to comment publicly about a matter in which the judge has been involved. All involve Canon 3(A)(6), which provides in relevant part:”A judge should abstain from public […]

Attending Meetings of Domestic Violence RoundtablesSeptember 15, 1998CJE Opinion No. 98-16You ask whether you may attend meetings of a domestic violence “roundtable.” In your court these roundtables are called monthly by a victim/witness advocate from the District Attorney’s Office. Notices of the meetings are posted throughout the court, and the judges receive individual invitations. While […]

Accepting Award and MoneySeptember 29, 1998CJE Opinion No. 98-17You have requested advice on the propriety of your accepting an award which includes a certificate of appreciation, a commendation bar pin, a medal, a check, and an invitation for you and your wife to attend an awards banquet.The award is one of up to ten granted […]

Being Honored by Bar AssociationSeptember 29, 1998CJE Opinion No. 98-18You ask whether you may be honored at a bar association event. You are a former president of that organization, having so served when you were in private practice. The event will raise funds that will be used for the Association’s “many programs and projects to […]

Recusal: Proceedings Involving Former Partner November 3, 1998 CJE Opinion No. 98-19 You were recently appointed as a judge and are in the process of winding up your practice. You and another attorney, although keeping your separate law practices, joined together in a corporation to practice mediation, which you have conducted for roughly ten years. […]

Duty to Disclose Information to Defense CounselDecember 8, 1998CJE Opinion No. 98-20Before becoming a judge, you were employed as an assistant district attorney. A defendant who was prosecuted by your former office and convicted of murder while you were so employed has filed a motion for a new trial. That motion is presently pending before […]

Serving on Board of Directors of Center for Health Care NegotiationJanuary 15, 1999CJE Opinion No. 99-1You have requested the advice of this Committee on whether you may serve on the board of directors of a private non-profit corporation designed to promote the understanding, use and recognition of mediation to resolve health care disputes.As you describe […]

Receiving Payments from a Research Institute for Papers to be WrittenJanuary 15, 1999CJE Opinion No. 99-2You have requested advice about the propriety of your receipt of payments from a research institute (“the Institute”) for three papers you propose to write on the general subject of judicial administration.(1) The Institute has proposed that you write these […]

Reporting Attorney’s Conduct to Board of Bar OverseersJanuary 15, 1999CJE Opinion No. 99-3You have requested the advice of this Committee on whether you are obligated to report a matter involving an attorney appearing before you to the Board of Bar Overseers. In your letter you state that following the default of this attorney’s client, the […]

Accepting Payment of Travel ExpensesJanuary 15, 1999CJE Opinion No. 99-4Your letter indicates that a judge’s organization has been participating in programs sponsored by the United States Information Agency, a division of the United States Department of State. The goal of these programs is to promote the “Rule of Law” in foreign countries, particularly the People’s […]

Writing Letter of Recommendation to a JudgeJanuary 15, 1999CJE Opinion No. 99-5You have requested an opinion concerning the propriety of writing a letter of recommendation to a judge in another state on behalf of a prospective adoptive parent.Canon 2(B) provides, in part, that a judge “should not lend the prestige of his office to advance […]

Serving on Board of Overseers of S.J.C. Historical SocietyFebruary 22, 1999CJE Opinion No. 99-6You ask whether you may serve on the Board of Overseers of the Supreme Judicial Court Historical Society. As stated in its Annual Report,”The Historical Society was established in 1990 to advance scholarship and public appreciation of the history of the Supreme […]

Serving as “Master of Ceremonies”March 25, 1999CJE Opinion No. 99-7You have been asked to serve as “Master of Ceremonies” at an event honoring the Chief of Police of a city. You indicate that this event will raise funds for its sponsor, the YWCA of that city. You have told the committee in charge of the […]

Propriety of Presiding on Cases Involving a District Attorney’s Office When Spouse is First AssistantMay 27, 1999CJE Opinion No. 99-8The 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 Canon 3 (C) (1) of the Code of Judicial Conduct.

Attending Meetings of Safe Neighborhood InitiativeJuly 28, 1998CJE Opinion No. 98-9You ask whether you may attend meetings of the Steering Committee of the Safe Neighborhood Initiative (SNI) which, as you state, was established by the City “to bring together members of the community for purposes of studying, planning and implementing courses of action to be […]

Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the JudgeNovember 4, 1999CJE Opinion No. 99-11This inquiry seeks advice about the propriety of attendance of judges at a program entitled “Enhancing Judicial Skills in Domestic Violence Cases,” to be held in San Francisco this December. The program is presented by the National Judicial Institute on Domestic […]

Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the JudgeNovember 4, 1999CJE Opinion No. 99-12You have asked this Committee for advice about the propriety of your attending a program entitled “Enhancing Judicial Skills in Domestic Violence Cases,” to be held in San Francisco this December. The program is presented by the National Judicial Institute on […]

Signing Nomination PapersNovember 4, 1999CJE Opinion No. 99-13You have asked for this Committee’s advice on whether a judge, by signing a “nomination paper,” violates Canon 7 (A) (1) (b) which prohibits judges from publicly endorsing a candidate for public office.The signer’s statement on a nomination paper says in substance that the signatory is qualified to […]

Serving as Part-Time Technical Consultant to Television ProgramNovember 9, 1999CJE Opinion No. 99-14By letter dated October 10, 1999, you requested from the Committee on Judicial Ethics (“the Committee”) an opinion on whether you could act as a “part-time technical consultant” for a new legal television program focused on a fictional juvenile and family court judge. […]

Joining/Contributing to Certain Organizations November 9, 1999 CJE Opinion No. 99-15 You have requested advice regarding whether you could “join and/or make financial contributions to six named organizations. You enclosed in your letter some information about each of the organizations drawn, in some cases, from the organization’s fund-raising letters and, in others, from materials the […]