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Legal Encyclopedia - Judicial ethics

Table of contents

1 judicial ethics: an overview

2 menu of sources

2.1 Federal Material

2.1.1 Federal Statutes

2.2 State Material

2.2.1 State Commissions
2.2.2 State Codes of JudicialConduct
2.2.3 State Judicial Decisions

2.3 Other References

2.3.1 Key Internet Sources

3 other topics

judicial ethics: an overview

Judicial ethics is part of the larger legal category of legal ethics (See LII's American Legal Ethics Library (http://www.law.cornell.edu/ethics/)). Judicial ethics consists of the standards and norms that bear on judges and covers such matters as how to maintain independence, impartiality, and avoid impropriety.

Disciplinary actions for infractions of the rules of conduct by state judges are typcially controlled by a state judicial commission. All states have established such an agency or commission either by statute or by amendment to the state constitution (see Arizona's Article 6.1 (http://www.azleg.state.az.us/Constitution.asp?Article=6.1)). Their responsibility is to deal with complaints of judicial misconduct. Most were established during the past 30 years.

If a complaint directed to the judicial commission passes the screening and deposition phases, it is investigated and a trial-like hearing is instituted. Judicial committees typically have the power to sanction a judge and to require a judge to retire or resign. Some commissions, upon a plea of guilty or no contest, are authorized to make a finding of criminal guilt punishable as a felony under state or federal law. In general, commission findings are appealable to state courts.

menu of sources

Federal Material

Federal Statutes

28 U.S.C.331 - Judicial Conference
28 U.S.C.372 - Judicial Discipline

State Material

State Commissions

N.Y. State Comm'n on Judicial Conduct (http://www.scjc.state.ny.us/)
Ariz. Commission on Judicial Conduct (http://www.supreme.state.az.us/ethics/default.htm)
Illinois Judicial Inquiry Board (http://www.state.il.us/jib/)
Judicial Conduct Comm'ns from Other States (http://www.law.cornell.edu/ethics/listing.html)

State Codes of JudicialConduct

N.Y. Rules Governing Judicial Conduct (http://www.scjc.state.ny.us/Legal%20Authorities/rulesof.htm)
Cal. Code of Judicial Ethics (http://www.courtinfo.ca.gov/rules/appendix/appdiv2.pdf) (PDF)
Illinois Code of Judicial Conduct (http://www.state.il.us/jib/conduct.htm)
Other States' Codes of Judicial Conduct (http://www.law.cornell.edu/ethics/listing.html)

State Judicial Decisions

N.Y. Court of Appeals:
- Recent Decisions in Cases of Judicial Misconduct (http://www.law.cornell.edu/nyctap/search/index.html?query=judicial+and+misconduct+not+liibulletin)
- Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+judicial+and+misconduct)
Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

Other References

Key Internet Sources

Federal Judiciary Homepage (http://www.uscourts.gov/)
American Judicature Society (http://www.ajs.org/)
Legal Ethics (http://www.legalethics.com/)

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