A Study in Comparative Judicial Ethics Requirements

Active

Program Number

33149

Program Date

2023-07-10

CLE Credits

New Jersey judges are clearly obligated to abide by a robust and comprehensive code of conduct. Seven Canons of Judicial Conduct regulate judicial activity, and they are supplemented by numerous explanatory Rules and official comments. Together these authorities form among the most stringent, if not the toughest, judicial regulations in the country. The duty to avoid the appearance of propriety no longer applies to practicing lawyers since the Rules of Professional Conduct removed that obligation in 2004, but New Jersey judges must avoid even the appearance of impropriety in both their personal and professional lives, Rule 2.1 Commentary, and they may not receive any active income from any source other than their salaries while they are on the bench. New Jersey Judges have taught courses and even written books for no remuneration whatsoever, as the judicial code forbids any payment for outside work. With respect to conflicts of interest and the duties that arise from any conflict between the duty to decide a case fairly and impartially and even an appearance of bias or self-interest, judges are obliged to step away from presiding over cases that implicate or appear to undermine impartiality. In contrast, U.S. Supreme Courts judges have the option to act ethically as recent press accounts reveal.

This program will evaluate the activities of SCOTUS justices from the vantage point of the standards in place in New Jersey as well as the model rules of judicial conduct.