Judicial Conduct · 2-8% of the exam
24.2Life outside the robe (CJC Rules 3.1–3.15)
On this page
- CJC Rule 3.7 — Nonprofit organizations
- CJC Rule 3.13 — Gifts.
Plain English
Every extrajudicial activity must clear five questions:
- does it interfere with judicial duties,
- lead to frequent disqualification,
- appear to a reasonable person to undermine independence, integrity or impartiality,
- appear to a reasonable person to be coercive, or
- use court premises, staff, stationery, equipment or other resources beyond incidental use for activities concerning the law?
Gifts split into two lists, and CJC Rule 3.13(A) screens both.
| Rule | Permitted / barred | Tested line |
|---|---|---|
| 3.1 General limits | an activity clearing all five limbs above | court resources barred beyond incidental law-related use |
| 3.2 Governmental bodies | appearances on the law, the legal system, or the administration of justice, and on bench expertise; pro se or as a fiduciary — no other voluntary appearance | as a private citizen only |
| 3.3 Character witness | testimony under a valid subpoena; absent one the judge "may not testify as a character witness" in an adjudicatory proceeding, or "otherwise vouch for the character of a person in a legal proceeding" | the subpoena is the exception |
| 3.4 Governmental positions | a post on the law, the legal system, or the administration of justice — not any other committee, board, or commission | ceremonial, historical, educational, or cultural representation is not one |
| 3.5 Nonpublic information | use within judicial responsibilities; no intentional disclosure or use of information acquired nonpublicly in the judicial role for any other purpose | how the judge came by it decides |
| 3.6 Discriminatory organizations | no membership in an organization that invidiously discriminates on ethnicity, race, sex, gender, national origin, religion, or sexual orientation, and no use of its benefits or facilities where the judge knows or should know of the practice — attendance at an event in the facility of an organization the judge may not join is not a violation where the attendance is an isolated event that could not reasonably be perceived as an endorsement of the organization's practices; religious membership as a lawful exercise of the freedom of religion is not a violation (Comment [4]), nor is military service (Comment [5]) | invidiousness turns on "how the organization selects members," not the rolls; an "intimate, purely private organization" counts (Comment [2]). Learning of it means resigning immediately |
| 3.7 Nonprofit organizations | see the box below | "Mere attendance" is not a violation |
| 3.8 Fiduciary positions | a family member's affairs only, and then only where the service will not interfere with the proper performance of judicial duties | (B) ends it if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate lands in "adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction"; (C) applies "the same restrictions on financial activities that apply to the judge personally" |
| 3.9 Arbitration and mediation | no private arbitration or mediation without "express authorization by law (which includes court rules)" | express — and court rules count |
| 3.10 Practice of law | pro se, and without compensation, give legal advice to and draft or review documents for a family member — never as that family member's lawyer "in any forum" | a part-time judge may not practice in the court served, in one under its appellate jurisdiction, or in a proceeding the judge heard "or any proceeding related to it" |
| 3.11 Financial and business activities | "Holding and managing investments of the judge and members of the judge's family," but no post as a business's employee, advisor, general partner, manager, director, or officer | carve-outs for a "closely held" family entity and one whose "primary function is investing the finances of the judge or family members"; (C) takes back activity permitted under (A) and (B) where it will interfere with the proper performance of judicial duties, lead to frequent disqualification, involve the judge in frequent transactions or continuing business relationships with lawyers or others likely to come before the judge's court, or result in violation of other provisions of this Code |
| 3.12 Compensation | reasonable speaking fees, teaching stipends, royalties, honoraria — nothing a reasonable person would see as eroding independence or impartiality | reporting may follow |
| 3.13 Gifts | see the box below | paragraph (A) screens both lists |
| 3.14 Reimbursement and waivers | necessary and reasonable expenses at actual cost, or "a waiver or partial waiver of fees or charges for registration, tuition, and similar items", from sources other than the judge's employing entity and tied to the judge's participation in extrajudicial activities this Code permits | (C) requires reporting, subject to CJC Rule 3.15's threshold; acceptance rests on all the circumstances (Comment [2]) — weigh funding from numerous contributors rather than from a single entity, and education rather than recreation (Comment [3]) |
| 3.15 Reporting | file on the regular annual cadence | extrajudicial compensation; a CJC Rule 3.13(C) gift above the threshold; reimbursements or waivers above it, due "within 30 days of the event" |
Rule
CJC Rule 3.7 — Nonprofit organizations
CJC Rule 3.7 — Nonprofit organizations (educational, religious, charitable, fraternal, civic). Permitted roles:
Planning a fund-raiser, and participating in the management and investment of the organization's funds.
Requesting contributions, but only from the judge's family or from judges not under the judge's supervisory or appellate power.
Requesting membership, but only for an organization focused on the law, the legal system, or the administration of justice.
Speaking at, receiving an award at, or lending the judge's title to an event; where it serves a fund-raising purpose, only if it concerns the law, the legal system, or the administration of justice.
Mere attendance, fund-raising or not, is not a violation; serving as an usher, a food server or preparer, or the like at a fund-raiser is not solicitation (Comment [3]).
- Letterhead
identifying the judge's position on letterhead used for fund-raising or membership solicitation does not violate this Rule, and it may list the judge's title if comparable designations are used for other persons (Comment [4]).
Making recommendations to a public or private fund-granting organization concerned with the law, the legal system, or the administration of justice.
Serving as officer, director, trustee, or non-legal advisor — unless it is likely that the organization (a) will be engaged in proceedings that would ordinarily come before the judge, or (b) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of that court.
Encouraging lawyers to provide pro bono services.
Rule
CJC Rule 3.13 — Gifts.
CJC Rule 3.13 — Gifts. Anything of value — a gift, loan, bequest, benefit, or similar item — is off-limits when the law forbids it, or a reasonable observer would view acceptance as eroding independence, integrity, or impartiality.
Permitted WITHOUT reporting (selected):
Tokens of negligible worth — plaques, certificates, trophies, greeting cards.
Anything from friends, relatives, or lawyers whose presence would independently force recusal.
Standard social hospitality.
Special pricing, discounts, or lending-institution loans in the ordinary course of business, on terms offered to people who are not judges — a market-rate mortgage.
Awards or prizes from random drawings, or contests non-judges may enter.
Scholarships and fellowships open to non-judges in comparable positions.
Books or journals furnished free by publishers for official work.
Gifts tied to the business or profession of a family member residing in the judge's household, that incidentally benefit the judge.
Permitted WITH reporting (selected):
Gifts given in connection with a public testimonial.
Complimentary invitations to bar-related or law-related events, for the judge and a spouse, domestic partner or guest.
Complimentary invitations to the judge's own permitted civic, charitable, religious, fraternal or educational activities, when non-judges engaged in the activity are invited in similar ways.
Anything of value from a party or a lawyer who has come or is likely to come before the judge, or whose interests have come or are likely to come before the judge.
CJC Rule 3.13 gifts, item by item
| The gift | May the judge accept it, and must it be reported? |
|---|---|
| Items of little intrinsic value: plaques, certificates, trophies, greeting cards | May accept; no report required (Rule 3.13(B)(1)) |
| Gifts from friends, relatives, or lawyers whose presence in the matter would independently force the judge's recusal under Rule 2.11 | May accept; no report required (Rule 3.13(B)(2)) |
| Ordinary social hospitality | May accept; no report required (Rule 3.13(B)(3)) |
| Commercial or financial opportunities, special pricing, discounts, or lending-institution loans in the ordinary course of business, on terms also offered to people who are not judges | May accept; no report required (Rule 3.13(B)(4)) |
| Rewards or prizes from random drawings or contests open to people who are not judges | May accept; no report required (Rule 3.13(B)(5)) |
| Scholarships and fellowships open to non-judges on the same terms and criteria | May accept; no report required (Rule 3.13(B)(6)) |
| Books, journals, and other resource materials a publisher supplies free for official use | May accept; no report required (Rule 3.13(B)(7)) |
| Gifts, awards, or benefits tied to the business, profession, or separate activity of a spouse, domestic partner, or other family member living in the judge's household, that only incidentally benefit the judge | May accept; no report required (Rule 3.13(B)(8)) |
| Gifts incident to a public testimonial | May accept; must report to the extent Rule 3.15 requires (Rule 3.13(C)(1)) |
| Invitations for the judge and a spouse, domestic partner, or guest to attend without charge an event tied to a bar function or other activity relating to the law, the legal system, or the administration of justice | May accept; must report to the extent Rule 3.15 requires (Rule 3.13(C)(2)(a)) |
| Invitations to events tied to the judge's own educational, religious, charitable, fraternal, or civic activities, where non-judges active in the same activity get the same invitation | May accept; must report to the extent Rule 3.15 requires (Rule 3.13(C)(2)(b)) |
| Gifts, loans, bequests, or benefits from a party, lawyer, or other person who has come, or is likely to come, before the judge, or whose interests have come or are likely to come before the judge | Paragraph (A) can still bar it outright as value or the likelihood of appearing rises; short of that, may accept and must report to the extent Rule 3.15 requires (Rule 3.13(C)(3)) |
Tip
Tip
Example 1
Ex. 1
First Capital Bank, with a case pending before Judge Ana, offers her a mortgage at the rate open to any qualifying applicant. Dan, a regular practitioner, sends a fruit basket. The mortgage is a no-report item: an ordinary-course loan on terms available to non-judges. The basket is permitted — Dan is likely to appear, but that alone doesn't bar acceptance — and is reportable if its value exceeds CJC Rule 3.15's threshold. Had Dan sent a cruise, the value with his likelihood of appearing would put acceptance outside CJC Rule 3.13(C) and inside CJC Rule 3.13(A)'s prohibition (Comment [1]). Place each item on a permitted list first.
Questions · 4
Q 01ch24-e04
Question 1 of 4 · Rule CJC 3.6
A retiring colleague's farewell dinner was held at a private club that takes members only from certain national backgrounds, a practice Judge knew of before the invitation arrived. Judge has never belonged to the club, had never eaten or met there before that night, and has no plan to return. The dinner marked thirty years on the bench and drew judges, court staff, and family. Judge went, spoke for two minutes about the colleague's work, and left when the speeches ended. Nothing about the evening suggested that Judge approved of the way the club picks its members. Was it proper for Judge to attend the dinner?
Keys 1 to 4 choose.