Category: Massachusetts Judicial & Clerks’ Ethics Opinions

Reporting to Proper Authorities Evidence of Possibly Illegal ConductSeptember 13 , 2005CJE Opinion No. 2005-7You have written to the Committee on Judicial Ethics requesting an opinion on whether you are required to, or in your discretion may, report to various authorities certain information that came to your attention in proceedings that took place before you.Background.Your […]

Family Member Placing Political Campaign Sign Outside Judge’s HomeSeptember 20, 2005CJE Opinion No. 2005-8You seek an opinion whether your adult daughter, who shares your home but lives independently, may display a campaign sign in front of your home in support of the political campaign of your son, for whom she is campaign manager.Background.One of your […]

Continuing in Roles of Executor and Trustee After Appointment to the BenchNovember 10, 2005CJE Opinion No. 2005-9You have requested advice with respect to whether the Code of Judicial Conduct permits you to continue to serve as the executor of a certain estate and trustee of a related trust after you are sworn in as a […]

Acting as Judge on “People’s Court” Type Television Program: Serving as Consultant for Production CompanyDecember 6, 2005CJE Opinion No. 2005-10You are a judge in the Trial Court and you seek an advisory opinion concerning an invitation you have received to become involved in a television program.Background.     A producer at a major company has made a […]

Recusal: Lawyers and Litigants Who Appear Before Judge Have Patronized Business Establishment Owned by Judge and Judge’s Family MembersMarch 14, 2006CJE Opinion No. 2006-1You have requested guidance concerning your obligations under the Code of Judicial Conduct when attorneys and parties who appear before you patronize a business establishment that is owned by you and your […]

Testifying Pursuant to Subpoena at Former Client’s Parole HearingMarch 28, 2006CJE Opinion No. 2006-2You have requested advice as to your obligations under the Code of Judicial Conduct when an attorney for your former client subpoenas you to testify in the client’s behalf before the Massachusetts Parole Board. As outlined below, the committee is of the […]

Attending and Testifying at Clerk-Magistrate’s Hearing re Family DogApril 20, 2006CJE Opinion No. 2006-3You have inquired whether you may attend, “as a witness and/or a party,” an upcoming clerk’s hearing regarding complaints that your dog is a nuisance. For a period of several months, one of your neighbors has been complaining to the local police […]

Owning Residential and Commercial Properties as InvestmentsMay 3, 2006CJE Opinion No. 2006-4You have asked this committee for an opinion on how the Code of Judicial Conduct applies to certain of your real estate holdings.According to your letter, you have interests in two properties that are at issue here. First, you have an interest in a […]

Writing Letter in Support of Nonprofit Organization That Assists Certain LitigantsJune 1, 2006CJE Opinion No. 2006-5You are the First Justice of your division of the District Court. You have inquired whether you may send a certain letter in support of a local nonprofit organization’s application for funding to operate the SAFEPLAN program at your court. […]

Recusal: Hearing Guardianship Cases Brought by Hospital Where Child’s Spouse is Employed June 8, 2006 CJE Opinion No. 2006-6 You are a judge in the Trial Court, and you seek advice regarding any conflict of interest or appearance of impropriety that would arise from your hearing guardianship petitions initiated by the hospital in which your […]

Serving on Board of Nonprofit Organization Devoted to Individuals With Substance Abuse and Mental Health IssuesSeptember 28, 2006CJE Opinion No. 2006-7You have sought the advice of this committee to determine if you can accept an invitation to be a board member of a health care provider that focuses on treatment for substance abusers and those […]

Serving as Co-Chair of Advisory Board for Civil Rights ProjectFebruary 8, 2007CJE Opinion No. 2007-1You have requested advice on whether the Code of Judicial Conduct permits you to serve as co-chairperson of the advisory board for a national civil rights project operated under the auspices of a university.Background. The materials you provided to the committee […]

Appearing Before Town Board Regarding Proposed Development on Land Jointly Owned by Judge and SpouseFebruary 13, 2007CJE Opinion No. 2007-2You have requested advice from the committee on whether you may attend an upcoming meeting of a local town board. You have informed the committee that you and your spouse jointly own real estate that your […]

Umpiring Softball Games for a FeeMarch 16, 2007CJE Opinion No. 2007-3You have asked whether there would be an ethical conflict if, during approved vacation time, on weekends, or outside of “normal working hours,” you engage in activity as a softball umpire for a fee.As an avocation you are a registered softball umpire. You have been […]

Being Guest of Honor at Event Sponsored by Consortium of Law Firms and Other Organizations to Honor Judges of ColorApril 10, 2007CJE Opinion No. 2007-4You have asked the Committee on Judicial Ethics for advice on whether you may attend and be honored at an upcoming event to “celebrate Justices of Color” that is being sponsored […]

Acting on Children’s Educational Television ProgramJuly 12, 2007CJE Opinion No. 2007-5You have been invited to appear as a “presiding judge” on an episode of a public television children’s program that is to be filmed in a real courtroom.  The show is in its third season and has received much critical acclaim.  The show is targeted […]

Speaking at Conference Sponsored by Regular Litigant in Judge’s CourtJuly 24, 2007CJE Opinion No. 2007-6You have asked the committee whether, consistent with the Code of Judicial Conduct, you may give the keynote address at the next annual conference of a certain organization devoted to developing the leadership potential of Massachusetts high school students.  You were […]

Reporting to Law Enforcement Authorities Impounded Information Learned From Criminal Defense AttorneyAugust 16, 2007CJE Opinion No. 2007-7You have requested an opinion on whether you are required to, or permitted to, disclose to law enforcement authorities certain information that you learned from a defense attorney in a criminal case when hearing his mandatory ex parte motion […]

Duty to Report Attorney and Judge for Misconduct in Another CourtAugust 29, 2007CJE Opinion No. 2007-8You have asked whether you have an ethical responsibility to report another judge and an attorney for misconduct.  The basic facts are as follows.  The attorney appeared as a self-represented litigant in an action in court A.  He also commenced […]

Accepting Reimbursement of Travel Expenses for Drug Court Training ProgramSeptember 12, 2007CJE Opinion No. 2007-9You are the judge in a session of one of the Commonwealth’s drug courts, a session created in late 2002.  Initially, the court’s activities were underwritten by a three-year grant from the Office of Juvenile Justice and Delinquency Prevention of the […]