Judicial Conduct · 2-8% of the exam

Night-before checklist

Chapter 23 · 9 items

Six points, and every one of them is about a judge rather than a lawyer.

Judicial duties (CJC Rule 2.1) take precedence over all outside activities.
Exemptions run by Application-section category: a retired judge subject to recall who by law may not practice law is excused from CJC Rule 3.8, and from CJC Rule 3.9 except while serving.
Nonverbal conduct — body language, facial expressions directed at a prohibited basis — is a CJC Rule 2.3 violation; the outcome of the ruling doesn't cure it.
Reporting duty is tiered: mere suspicion triggers nothing; substantial likelihood of a violation requires appropriate action; actual knowledge of a fitness-level violation requires a mandatory report to the appropriate authority.
Reimbursement under CJC Rule 3.14 — necessary and reasonable expenses, including fee or tuition waivers — turns on whether acceptance would appear to a reasonable person to undermine the judge's independence, integrity or impartiality.
CJC Rule 3.14 Comment [3] weighs an accredited educational institution or bar association as sponsor rather than a trade association or for-profit entity, funding from numerous contributors rather than a single entity, relation to matters before the judge, and educational character among them; Comment [2]: the call rests on all the circumstances.
CJC Rule 3.14(C) requires reporting under CJC Rule 3.15 above the threshold.
CJC Rule 2.13 appointments meet adjudication's impartiality and merit standard; the campaign-contribution bar has three narrow exits (CJC 2.13(B)(1)–(3)), the third an affirmative finding by the judge, or another presiding or administrative judge, that no other lawyer is willing, competent and able.
Ex parte disclosure attaches to receipt, not reliance; the public-statement restriction under CJC Rule 2.10 continues past the decision, through any appellate process until final disposition.

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