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Judicial Conduct · 2-8% of the exam

23.2.2Reporting misconduct and cooperation (CJC Rules 2.15, 2.16)

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  • CJC Rules 2.15, 2.16

Plain English

Knowledge that a judge or lawyer committed a violation raising a substantial question of honesty, trustworthiness, or fitness requires informing the appropriate authority, a mandatory report. Information indicating a substantial likelihood of a violation requires appropriate action, with discretion as to form:

  1. a direct conversation,
  2. a referral, or
  3. another proportionate response.

Mere suspicion triggers no duty. Cooperate candidly with disciplinary agencies, and do not retaliate, directly or indirectly, against anyone known or suspected to have assisted or cooperated with an investigation of a judge or a lawyer.

Rule

CJC Rules 2.15, 2.16

Knowledge levelRequired action
KNOWS that a judge or lawyer committed a violation raising a substantial question of honesty, trustworthiness, or fitnessMust inform the appropriate authority: mandatory report
Receives information indicating a substantial likelihood of a violationMust take appropriate action: discretion as to form; may include direct conversation or referral
  • Mere suspicion: below even the substantial-likelihood threshold; triggers NO duty.

  • CJC Rule 2.16: must cooperate with and be candid with judicial and lawyer disciplinary agencies; must not retaliate, directly or indirectly, against a person known or suspected to have assisted or cooperated with an investigation of a judge or a lawyer.

Example 1

Ex. 1

Judge Kim presides over a contested motion. One lawyer's witness testimony appears suspiciously scripted, but she can't confirm any fabrication. Weeks later, a different lawyer submits an exhibit that Kim recognizes contains a representation she knows with certainty to be false.

Pin down what Kim actually knows at each of the two moments; the tier follows from that. For the coached testimony, Kim has information indicating a substantial likelihood of a violation: she must take appropriate action but retains discretion over form — a private conversation with the lawyer, a referral to disciplinary counsel, or another proportionate response. For the false exhibit, actual knowledge triggers the mandatory-report obligation. Discretion ends when knowledge is certain.

Trap

Tip

Questions · 2

Q 01ch23-e04

Question 1 of 2 · Rule CJC 2.15

Judge presides over a probate matter in which Attorney has petitioned for approval of fees. The time records Attorney filed show several entries duplicated across two unrelated matters, and one entry falls on a day the courthouse was closed. The pattern suggests to Judge that the hours may have been padded, but nothing in the record establishes that they were, and Attorney has not yet been asked to explain. Judge is weighing whether to raise the discrepancies with Attorney directly, to refer the matter to disciplinary counsel, or to order a detailed accounting before ruling on the petition. Must Judge report Attorney to the disciplinary authority?

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