Category: Massachusetts Judicial & Clerks’ Ethics Opinions

Appointment to United Nations Panel on War Crimes, etc. in Foreign CountryNovember 3, 2003CJE Opinion No. 2003-15You have asked for an opinion concerning the applicability of the Code of Judicial Conduct to your acceptance of an appointment from the United Nations to serve as a judge on a Special Panel for Serious Crimes in East […]

Serving on Governor’s Commission on Corrections ReformNovember 25, 2003CJE Opinion No. 2003-16   You have jointly sought the advice of the Committee on Judicial Ethics as to whether you may serve as members of the Governor’s Commission on Corrections Reform. According to your invitation letter, this commission is “a ‘blue ribbon’ commission [established] to conduct a […]

Responding to Letter from Crime Victim Regarding Disposition of CaseDecember 1, 2003CJE Opinion No. 2003-17Your request for advice indicates that you presided over the disposition of a criminal complaint that charged a defendant with making threats to commit a crime. You subsequently received a letter from the complaining witness in the case stating that he […]

Being Featured in City’s 350th Anniversary PublicationDecember 10, 2003CJE Opinion No. 2003-18You have asked for an opinion concerning the propriety of being interviewed as part of a project celebrating the three hundred and fiftieth anniversary of a city in the county in which you preside. The project includes the publication of a series of “chapbooks” […]

Recusal: Attorney is Former Client of JudgeJanuary 15, 2004CJE Opinion No. 2004-1You are a judge in the Probate and Family Court Department, and you have asked the committee for advice on a specific matter involving recusal. The facts you explain are as follows. (1)A lawyer (attorney A) appears before you regularly. Before your appointment to […]

Soliciting Contributions for Private School While Serving on Board of DirectorsFebruary 9, 2004CJE Opinion No. 2004-2You have informed the committee that you are joining the board of directors of a private middle school that is dedicated to providing quality, tuition free education to students of limited financial means. The school’s goal is to prepare its […]

Involvement in Planning and Fund-Raising for Annual Conference of National Association of Women JudgesMay 12 , 2004CJE Opinion No. 2004-3You are a member of the National Association of Women Judges (NAWJ) and of a committee for   District 1 (which includes Massachusetts, Rhode Island, New Hampshire, Maine, and Puerto Rico) that is exploring the feasibility of […]

Writing Unsolicited Letter for Use in Court Employee’s Disciplinary ProceedingMay 20 , 2004CJE Opinion No. 2004-4                 You have asked the Committee on Judicial Ethics whether the Code of Judicial Conduct permits you to write an unsolicited letter to the Chief Justice for Administration and Management (CJAM) opposing termination for disciplinary reasons of a court employee […]

Writing Letter at Court Employee’s Request for Use in Disciplinary ProceedingMay 20 , 2004CJE Opinion No. 2004-5           You have asked the Committee on Judicial Ethics whether the Code of Judicial Conduct permits you to write a letter to the Chief Justice for Administration and Management (CJAM) opposing the termination for disciplinary reasons of a court employee. […]

Owning and Managing Residential and Commercial Properties as InvestmentsJune 23 , 2004CJE Opinion No. 2004-6     You have requested an opinion from the Committee on Judicial Ethics concerning your ownership of certain real estate investment properties and your financial activities related to the properties. Your letter states that you have an ownership interest in five properties, […]

Writing to District Attorney in Behalf of Former Client Who May Have Been Wrongfully ConvictedSeptember 1, 2004CJE Opinion No. 2004-7Before your appointment to the bench, you were a trial lawyer in private practice and represented a number of clients charged with murder. One of your clients was prosecuted for murder in the first degree and […]

Serving as Judicial Trustee for Massachusetts Bar FoundationJuly 21, 2004CJE Opinion No. 2004-8You have requested an advisory opinion regarding your activities as judicial trustees of the Massachusetts Bar Foundation (MBF). Your questions are prompted by the recent changes to the Code of Judicial Conduct with respect to extrajudicial activities. Because, in the words of your […]

Maintaining Social Relationship With Neighbor, an Attorney Who Practices In Judge’s CourtOctober 6, 2004CJE Opinion No. 2004-9You have requested guidance from this committee on how much social interaction, if any, you may have with an attorney who practices before you.Background. You have recently moved to a secluded cul de sac on which there are four […]

Recusal: Judge’s Family Member is Member of Committee for Public Counsel Services; and Judge Formerly Accepted Appointments from Committee for Public Counsel ServicesDecember 13, 2004CJE Opinion No. 2004-10        You have asked this committee’s advice regarding the applicability of the Code of Judicial Conduct to having attorneys provided by the Committee for Public Counsel Services (CPCS) […]

Using Court Stationery for Letter of Recommendation to Judicial Nominating Commission January 5 , 2005 CJE Opinion No. 2005-1 You have asked this committee for advice on whether the Code of Judicial Conduct permits you to write a letter of recommendation on court stationery to the Judicial Nominating Commission in behalf of a candidate for […]

Serving on Board of Trustees of Private, Nonprofit HospitalJanuary 11, 2005CJE Opinion No. 2005-2You have asked this committee for an opinion whether you may accept an invitation to serve on the board of trustees of a private, nonprofit, acute care community hospital.(1) As a judge, you are regularly assigned to sit in the community in […]

Serving as Member and Officer of Inn of Court; Involvement in Fundraising and RecruitmentJanuary 11, 2005CJE Opinion No. 2005-3Background. You have asked the committee for advice with respect to fundraising and membership endeavors of a certain Inn of Court (“the Inn”). You are a member and an officer of that organization. By way of background, […]

Accepting Free Products and Services for Official UseApril 14, 2005CJE Opinion No. 2005-4    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 Section 1 A, Canon 2, and Section 2 B of the Code of Judicial Conduct.

Moderating Discussion on Local Public Access Radio StationJuly 1, 2005CJE Opinion No. 2005-5You have asked the committee whether it is permissible to cohost a show on your community’s public access radio station on the development of wind power as an energy resource. The station has a low power signal and reaches a limited audience in […]

Serving as a “Call Firefighter” in Town Where Judge ResidesAugust 12 , 2005CJE Opinion No. 2005-6You have asked this committee whether your serving as a so-called “call firefighter” in your town would be a violation of the Code of Judicial Conduct.BackgroundYou are a judge in a court located in a county different from, and at […]