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Judicial Ethics
Judicial Ethics Opinions
Judicial Ethics Opinions
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JE_Rule 4.310.pdf
Judicial ethics committee and opinions
Judicial Ethics Opinion 001 (Revised)
When a judge's son is acting as an attorney in a proceeding before him, may the judge preside unless and until a motion of disqualification is made by one of the parties?
Judicial Ethics Opinion 002
1) Can a judge actively campaign for and support a judicial candidate in a judicial race? 2) Can a judge in a responsible manner publicly endorse a judicial candidate as being qualified to serve in a judicial capacity?
Judicial Ethics Opinion 003
May a judge in a dry county belong to a club which maintains a cash bar in that county?
Judicial Ethics Opinion 004
May a circuit judge serve on the civil service commission of a third class city where the only duties of the commission are to administer written tests to applicants for the city police force, interview the applicants...
Judicial Ethics Opinion 005
1) May a judge be a shareholder in a corporation which renders income tax services? 2) May a judge be an officer or director of such a corporation? 3) May a judge be employed by such a corporation to give advice and prepare tax returns for the public?
Judicial Ethics Opinion 006
May a group of judicial candidates run for election on the same ticket?
Judicial Ethics Opinion 007
May a judge who owns real estate rent offices therein to lawyers? Should special arrangements, such as a blind trust, be made in order to avoid the appearance of impropriety?
Judicial Ethics Opinion 008
If a judge's son is an assistant Commonwealth's attorney, must the judge disqualify himself in all criminal cases or only those cases in which his son participates?
Judicial Ethics Opinion 009
!) If I sell my practice to my partner when I become a judge, and if he pays me in installments, would I be disqualified in cases for which he is acting as a lawyer? 2) May I rent the office, which I own, to my former partner?
Judicial Ethics Opinion 010
In a county in which the district court trial commissioner is paid in part by the fiscal court, should the district judge disqualify himself in a malfeasance case against a member of the fiscal court?
Judicial Ethics Opinion 011
May a district judge serve as executor of the estate of a deceased uncle?
Judicial Ethics Opinion 012
1) May a judge serve on a county merit board which conducts hearings on disciplinary matters? 2) May a judge receive compensation for service on the board of a nonprofit corporation which grants loans to minority business ventures?
Judicial Ethics Opinion 013
May a judge employ a part-time secretary who also works for his former partner? If the answer is no, may he employ such a person who works for some other lawyer?
Judicial Ethics Opinion 014
Was Not Published
Judicial Ethics Opinion 015
When a judge is disqualified under SCR 4.300, Canon 3C (1) (c) or(d), is it proper for him to provide the clerk with a supply of blank forms for use by parties and their attorneys in remitting the disqualification under the provisions of Canon 3D?
Judicial Ethics Opinion 016
Is it proper for a judge to participate in a National Guard or Reserve Unit as a Judge Advocate Officer?
Judicial Ethics Opinion 017
May a trial commissioner represent clients in litigation against the Commonwealth of Kentucky?
Judicial Ethics Opinion 018
Must a master commissioner of the circuit court resign from that position if he becomes a candidate for the office of county attorney? If so, when must he resign?
Judicial Ethics Opinion 019
May a judge and spouse serve as an honorary chairmen for "The Official Presidential Inaugural Ball?"
Judicial Ethics Opinion 020
May a master commissioner who hears domestic relations matters practice other, non-related domestic relations cases in a county where there is no other attorney willing to accept appointment as a special commissioner?
Judicial Ethics Opinion 021
Is there any impropriety in a judge's secretary seeking election to public office while serving as an employee of the Court of Justice?
Judicial Ethics Opinion 022
1) May a person serve as city attorney while also serving as trial commissioner in the ourt of Justice? 2) May a person represent a city as "corporation counsel" while also serving as trial commissioner? ...
Judicial Ethics Opinion 023
Must a commissioner of the Court of Justice resign when he becomes a candidate for a public office?
Judicial Ethics Opinion 024
Was Not Published
Judicial Ethics Opinion 025
Was Not Published
Judicial Ethics Opinion 026
If the only attorney eligible is a close relative of the Circuit Judge should the judge appoint such attorney as master commissioner?
Judicial Ethics Opinion 027
Was Not Published
Judicial Ethics Opinion 028
May a candidate for a district judgeship appoint as his campaign chairman a person who is running for Commonwealth Attorney when the latter is unopposed for the election?
Judicial Ethics Opinion 029
Must a judge disqualify himself when a party in a suit before him has purchased real estate from the judge and owes a substantial sum on the purchase?
Judicial Ethics Opinion 030
May a candidate for a district judgeship appoint as his campaign chairman a person who is running for Commonwealth Attorney when the latter is unopposed for the election?
Judicial Ethics Opinion 031
May a judge serve on a church committee whose purpose is to oversee the solicitation of funds for the restoration of a church organ?
Judicial Ethics Opinion 032
1) When an assistant county attorney becomes a district judge, must he disqualify himself in all criminal cases which arose while he was serving in the county attorney's office, or only in those cases in which he was actively involved?...
Judicial Ethics Opinion 033
May a domestic relations commissioner for two counties of a three-county judicial circuit represent clients in domestic relations cases in the third county of the circuit?
Judicial Ethics Opinion 034
May a judge issue arrest warrants which are prepared by his daughter in her capacity as county attorney?
Judicial Ethics Opinion 035
Was Not Published
Judicial Ethics Opinion 036
1) If a judge drew a will for a client and friend before January 1, 1978, may he serve as executor under that will? There was no family relationship. 2) May a judge who has been handling the business affairs of a...
Judicial Ethics Opinion 037
May a person serve as a domestic relations commissioner in circuit court while also serving as a member of the Alcohol Beverage Control Board under KRS 241 .030?
Judicial Ethics Opinion 038
1) May a judicial candidate's campaign committee advertise the fact that his candidacy has been endorsed by labor unions, fraternal groups, etc? 2) May a judicial candidate express an opinion on the use of computers or other means of making the courts...
Judicial Ethics Opinion 039
May a judge be a member of a political club?
Judicial Ethics Opinion 040
May a district judge serve on a task force whose sole purpose is the distribution of funds which are derived from defendants who are placed in the court's diversion program upon condition that they contribute a sum certain to the task force?
Judicial Ethics Opinion 041
When a member of a law firm becomes a,, judges may: the receive his normal percentage of fees for work `done by the firm? 2) Must the judge disqualify himself in new litigation handled by his former firm?...
Judicial Ethics Opinion 042
1) What is the definition of "solicit" as used in Canon 7 of the Code of Judicial Conduct? 2) May a publicly advertised campaign fundraiser, for which tickets are sold and a profit is made...
Judicial Ethics Opinion 043
May the partner of a trial commissioner appear in the trial commissioner's court, in a case in which the trial commissioner is not involved?
Judicial Ethics Opinion 044
What is the meaning of "personally" as used in SCR 5.060? It has its ordinary dictionary meaning: in person, directly. 2) May the partner of a district court trial commissioner practice in that court?...
Judicial Ethics Opinion 045
Guidelines for Judicial Campaigning
Judicial Ethics Opinion 046
May the campaign committee of a judicial candidate sponsor a raffle as a means of raising campaign funds?
Judicial Ethics Opinion 047
Where the county attorney and the trial commissioner for district court are partners in civil practice, must the trial commissioner disqualify himself in all cases in which the county attorney appears, both civil and criminal?
Judicial Ethics Opinion 048
Must a judge disqualify himself in a proceeding in which his first cousin is acting as a lawyer?
Judicial Ethics Opinion 049
Where a member of a law firm has been appointed as a master commissioner of a circuit court, does the fact that another member of the firm, who represents either the plaintiff or the defendant in the action...
Judicial Ethics Opinion 050
1) May a sitting judge be a minority stockholder in a corporation that owns real estate which is leased to the Commonwealth of Kentucky? 2) To what extent is the spouse of a member of the judiciary bound...
Judicial Ethics Opinion 051
Was Not Published
Judicial Ethics Opinion 052
A judge is getting ready to campaign for office. He wants to appoint as his campaign treasurer the some individual who is his trim commissioner. Is this permissible?
Judicial Ethics Opinion 053
Was Not Published
Judicial Ethics Opinion 054
Is it proper for a trial commissioner (who is a lawyer) to practice law in and use as his private law office the office provided in the courthouse for the District judge and/or trial commissioner?
Judicial Ethics Opinion 055
1) May a candidate for District Judge be designated as his own campaign treasurer for purposes of registration with the Registry of Election Finance?...
Judicial Ethics Opinion 056
1) May an attorney who is a stockholder in a bank fulfill his duties as a master commissioner with reference to said bank's foreclosure suits?...
Judicial Ethics Opinion 057
Is a district judge required to disqualify himself in a juvenile case in which his wife, as a social worker and employee of the Cabinet for Human Resources, will be involved as a witness?
Judicial Ethics Opinion 058
1) May the master commissioner of a circuit court whose function is limited to conducting sale of property pursuant to circuit court judgment hold office in a political party...
Judicial Ethics Opinion 059
Was Not Published
Judicial Ethics Opinion 060
May a recently elected circuit judge, who has presided in the same area as district judge for the last five years, preside as circuit judge in criminal cases in which he earlier handled the preliminary hearing and other matters as district judge?
Judicial Ethics Opinion 061
Are there any restrictions upon master Commissioners and/or their law partners relating to practicing the cases before the judge of the court appointing the Master Commissioner?
Judicial Ethics Opinion 062
1) If a judicial candidate's opponent claims that he is experienced, may the candidate question his opponent's experience or demand that his opponent's experience be set out in detail?...
Judicial Ethics Opinion 063
A judge-elect is in partnership with the county's Commonwealth Attorney. When the judge-elect becomes judge, may he preside over any aspect of a criminal...
Judicial Ethics Opinion 064
May a Kentucky judge or justice, consistently with the Code of Judicial Conduct, serve as member of the Board of Trustees of a public university?
Judicial Ethics Opinion 065
May a newly appointed Circuit Judge continue to serve on the board of the Transit uthority of River City (TARC)?
Judicial Ethics Opinion 066
1) May a judicial candidate use public officials either current or past) as co-chairpersons for his campaign? Can the same be used as endorsers in newspapers or other advertisements concerning his candidacy?...
Judicial Ethics Opinion 067
May a Kentucky Judge serve as a member of an advisory board of a local financial institution?
Judicial Ethics Opinion 068
Whether a master commissioner may be ethically appointed as a domestic relations commissioner when his name is associated with that of a local law firm.
Judicial Ethics Opinion 069
1) Must a judge disqualify himself in cases his which his ex-wife is a primary witness? 2)Is a judge permitted to sit on the Citizens' Advisory Board for the Mayfield Girls' Group Home or the Mayfield Boys' Group Home?
Judicial Ethics Opinion 070
May a Master Commissioner sell property belonging to his own clients or the clients of his partner when neither he nor his partner represented the client in the foreclosure action in which the Master Commissioner is involved?
Judicial Ethics Opinion 071
May a judicial candidate who is unopposed in the primary begin soliciting money 120 days before the primary election.
Judicial Ethics Opinion 072
Is a sitting Judge ethically permitted to change his name .to Judge John Doe so that it may be printed that way on the ballot? Would his opponent be permitted to do the same?
Judicial Ethics Opinion 073
Was Not Published
Judicial Ethics Opinion 074
May a judge write a letter of recommendation for a student ,seeking to enter law school?
Judicial Ethics Opinion 075
May a judge voluntarily serve as an expert Witness?
Judicial Ethics Opinion 076
1) May an assistant county attorney serve as domestic relations commissioner? 2) If the assistant county attorney may not serve as domestic relations commissioner...
Judicial Ethics Opinion 077
May a Domestic Relations Commissioner campaign for the adoption of a Constitutional Amendment?
Judicial Ethics Opinion 078
May a district judge serve as director of a local bank?
Judicial Ethics Opinion 079
May an Assistant County Attorney hold the office of Domestic Relations Commissioner?
Judicial Ethics Opinion 080
Should a Circuit Judge disqualify himself or herself from hearing cases involving a Program Cabinet of State Government where the spouse of the judge is an attorney employed ...
Judicial Ethics Opinion 081
Whether a Circuit Judge who formerly served as Commonwealth's Attorney may comply with a Parole Board's rule that the prosecutor write a letter saying he has no objection to a convicted felon being given an early Parole Board review .
Judicial Ethics Opinion 082
Whether a judge must disqualify from a case when one of the parties to the suit is occasionally represented in other litigation by the judge's spouse. The judge's spouse is not representing the party in this case .
Judicial Ethics Opinion 083
Whether a judge is required to recuse himself when his campaign opponent is an attorney in a case before him?
Judicial Ethics Opinion 084
1) Must a Domestic Relations Commissioner disqualify from cases in which the attorney who epresents her in her divorce appears before her? Where her present husband is also being epresented by counsel in his divorce,...
Judicial Ethics Opinion 085
Should judges and candidates for Judicial office answer the questionnaire circulated by he Exploited Children's Help Organization (ECHO) which solicits a judge's opinions on child abuse issues?
Judicial Ethics Opinion 086
May a judge accept nominal Christmas gifts such as boxes of chocolates and poinsettias from persons whose interests are likely to come before him?
Judicial Ethics Opinion 087
1) May a judge allow his name to be listed as a personal reference for someone on an application for employment, school, etc .? If so, may a judge then respond to any inquires concerning the aforesaid application? ...
Judicial Ethics Opinion 088
May a judge employ his son or daughter as a law clerk?
Judicial Ethics Opinion 089
May a Circuit Judge serve as President of the Board of Directors of the Kentucky Council on Child Abuse?
Judicial Ethics Opinion 090
May a judge employ his wife as secretary?
Judicial Ethics Opinion 091
May a judge or justice in Kentucky be a member of the American Trial Lawyers Association (ATLA)?
Judicial Ethics Opinion 092
If a judicial candidate does not intend to solicit money, is it necessary to appoint a committee? May the treasurer and the committee be the same person?
Judicial Ethics Opinion 093
May a judicial candidate purchase a ticket to a political dinner? May he or she run an ad in the brochure printed as a program for the dinner?
Judicial Ethics Opinion 094
If a judicial candidate is unopposed for election and does not intend to accept or raise any money, may he or she act as his or her own treasurer?
Judicial Ethics Opinion 095
May retired judges who intend to act as special judges endorse judicial candidates?
Judicial Ethics Opinion 096
Where a judge is sued in his official capacity as executive head of an administrative body, and he hires outside counsel to represent him, is the judge disqualified from any other cases brought before him by that attorney or the attorney's law firm?
Judicial Ethics Opinion 097
May the District Judges' Association make a financial contribution to the Family Courts for Kentucky political issue committee?
Judicial Ethics Opinion 098
May a judge or judicial candidate attend a fundraiser for another candidate and make the contributions suggested by the candidate?
Judicial Ethics Opinion 099
Would participation in an overseas activity as a young political leader by a sitting Circuit Judge violate the Code of Judicial Conduct?
Judicial Ethics Opinion 100
May a sitting judge hold a position as Board Member with a local Mediation Company?
Judicial Ethics Opinion 101
1) Where the judge's secretary is married to an attorney appearing in a case before the judge, is the judge required by the terms of Canon 3(E)(1) to disqualify? 2) Where the judge's law clerk is married to a local assistant county attorney, do the terms of Canon 3(E)(1) require the judge to disqualify any time the County Attorney's office is involved in a case before the judge?
Judicial Ethics Opinion 102
Where ajudge is sued in his official capacity and the Attorney General's office provides him with legal counsel, is the judge disqualified from any case in which the Attorney General participates?
Judicial Ethics Opinion 102b
Where a judge is sued in his official capacity and the Attorney General's office provides legal counsel, is the judge automatically disqualified from any case in which the Attorney General participates?
Judicial Ethics Opinion 103
1) Where a judge's attorney in a pending matter or his opponent's attorney appears in front of him, must the judge automatically disqualify? 2) Where members of the law firm of the judge's attorney or members of the law firm of his opponents' attorneys appear in front of the judge, must he automatically disqualify? 3) Where a co-defendant's lawyer or another member of the law firm appears before the judge, is the judge disqualified?
Judicial Ethics Opinion 104
In the absence of a formal request from the Governor may a judge communicate with the Governor's office regarding a pardon and in the absence of a formal request from the parole board may the judge communicate with the board regarding a parole proceeding?
Judicial Ethics Opinion 105
May a sitting judge or a judicial candidate identify himself/herself as a member of a specific political party and further comment on the probable effect of such political party membership on an impending governor's appointment to a judicial vacancy in response to a direct question when: (1) Such questions are asked during a television interview by a member ofthe local press; and (2) The known audience includes, but is not limited to the entire geographic area/county wherein the sitting judge or judicial candidate is seeking election; and (3) The sitting judge or judicial candidate is voluntarily participating in the interview for the specific purpose ofpromoting his/her candidacy and convincing the voting public to elect said sitting judge or judicial candidate to a judicial office?
Judicial Ethics Opinion 106
To what extent has the United States Supreme Court Opinion "Republican Party of Minnesota v. White" impacted the political speech clause of Kentuck's Canon 5 of the Code of Judicial Conduct.
Judicial Ethics Opinion 107
Is it ethically permissible for a judge to, by personal letter, urge members of the local bar to donate time to a specific pro bono association on a free or reduced fee basis?
Judicial Ethics Opinion 108
May a candidate for a district judge position campaign as a future family court judge where the Chief Justice has announced his intention to create a family court judgeship in place of the District Court position after the November election in 2006 and on January 1, 2007?
Judicial Ethics Opinion 110
May a retired Senior Status Judge who is working as a realtor/auctioneer permit others in the business to refer to him as "Judge?"
Judicial Ethics Opinion 111
When may the candidates who intend to run for such offices begin fund-raising?
Judicial Ethics Opinion 112
Is it proper for a judicial candidate to personally telephone a potential donor, request his support, and then hand the phone to a committee fundraiser who then solicits a donation?
Judicial Ethics Opinion 113
May a judicial candidate use either current or past nonpartisan public officials as chairpersons or campaign members for his or her campaign?
Judicial Ethics Opinion 114
May a judicial candidate's campaign committee accept unsolicited contributions from political parties? May a judicial candidate distribute yard signs and other campaign literature to political parties and public officials who request them?
Judicial Ethics Opinion 115
Senior Status Judges on the subject of their ability, or restrictions on their ability, to market themselves as mediators.
Judicial Ethics Opinion 116
May a Judicial Candidate publicize the endorsement of a parent, who holds a partisan-elected office, through any means, if the parent is identified as such an official?
Judicial Ethics Opinion 117
May a Kentucky judge or justice, consistent with the code of judicial conduct, serve as a member of the board of trustees of a public university?
Judicial Ethics Opinion 118
May a Kentucky judge or justice, consistent with the code of judicial conduct, serve as a director on the board of directors or on the advisory board of a financial institution?
Judicial Ethics Opinion 119
May a judge or justice participate in an internet-based social networking site, such as facebook, LinkedIn, Myspace, or twitter, and be "friends" with various persons who appear before the judge in court?
Judicial Ethics Opinion 120
Senior status judge practice of law: serving as co-counsel defending attorney charged with ethics violation before the Kentucky Bar Association
Judicial Ethics Opinion 121
Whether a judge's staff attorney or law clerk could be appointed to the additional position of trial commissioner
Judicial Ethics Opinion 122
Recusal issues where a Drug Court or Mental Health Court judge presides in a revocation hearing based on defendant's violation of terms of participation in drug or mental health program.
Judicial Ethics Opinion 123
May a District Court Trial Commissioner continue to serve in that capacity if the commissioner's law partner becomes an Assistant Commonwealth's Attorney?
Judicial Ethics Opinion 124
May a candidate for judicial office have, as the candidate's campaign chairperson, a person who currently serves as a public official and which official was elected in a partisan election?
Judicial Ethics Opinion 125
What is the definition of the phrase "in person" as used in Canon 5B(2)?
Judicial Ethics Opinion 126
May a judge be a member, and be on the board, of a group which will seek approval and funding for a "Recovery Kentucky" center located in a county in which the judge sits?
Judicial Ethics Opinion 127
Disqualification of Judges and Remittal of Disqualification
Judicial Ethics Opinion 128
May a circuit judge appoint his or her sibling to the position of master commissioner?
Judicial Ethics Opinion 129
Where a circuit judge is married to the chief of the city police, must that judge recuse if a city police officer is a material witness in a case before her?
Judicial Ethics Opinion 130
Questions about judicial campaign contributions, endorsements, political parties and more.
Judicial Ethics Opinion 131
Question from a district judge about whether the judge should recuse in the rape trial of a juvenile due to the judge's local connections with the juvenile's family.
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