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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings. From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater? Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.