Judicial Conduct · 2-8% of the exam

Night-before checklist

Chapter 24 · 9 items

• Disqualification under CJC Rule 2.11 is self-executing — no motion required; any one of the six enumerated grounds triggers it, and CJC Rule 2.11(A) reaches beyond them, listing those circumstances "including but not limited to".

• Cousins fall outside the third degree, and individual holdings within a mutual or common investment fund fall outside "economic interest" unless the judge participates in managing the interest or the outcome could substantially affect it.

• CJC Rule 2.11(C) excludes bias or prejudice under paragraph (A)(1) from remittal and names nothing else; personal knowledge of disputed facts sits in the same paragraph but is not in the carve-out.

• CJC Rule 3.1 bars extrajudicial activity that would appear to a reasonable person to be coercive, and court premises, staff, stationery, equipment or other resources except for incidental use for activities that concern the law, the legal system, or the administration of justice, or as law permits.

• CJC Rule 3.7 lets the judge request contributions only from the judge's own family or fellow judges not subject to the judge's supervisory or appellate power; mere attendance at a fund-raiser is not a violation.

• Full-time judges can't serve as private arbitrators or mediators absent express authorization by law (which includes court rules).

• Unless the law or CJC Rule 3.13(A) prohibits acceptance, gifts from parties, lawyers likely to appear, or others whose interests have come or are likely to come before the judge may be accepted; as value or the source's likelihood of appearing rises, paragraph (A) prohibits the gift rather than reporting curing it (Comment [1]).

• Accepted gifts must be publicly reported where their value exceeds CJC Rule 3.15's threshold.

• The personal solicitation ban covers every medium; only the authorized campaign committee may ask for contributions.

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