Kaplan Mod 12

Question 1

When is a judge is not allowed to use his letterhead for a non-judicial purpose?

Answer 1

If it would be reasonably perceived as an attempt to leverage the prestige of his office

Question 2

What are some situations that a judge must disqualify themselves because of?

Answer 2

1. if the judge has personal knowledge of facts in dispute
2. if he knows that him or a family member is a party to a proceeding, or a director/officer/partner/manager/trustee/atty of a party in the proceeding
3. If he is likely to be a material witness in the proceeding
4. if he knows that himself or a family member has an economic interest in the subject matter of the proceeding
5. if he knows or learns that a party, the party’s attorney, or the attorney’s firm have recently made contributions to his campaign that are in the aggregate inappropriate or unreasonable

Question 3

When can a judge seek that disqualification in a matter be waived?

Answer 3

If it is for something other than bias or prejudice, if the basis is disclosed on the record, if the parties and their attorneys agree without the participation of the judge or the court personnel to waive the disqualification, and the agreement is incorporated into the record

Question 4

Is it OK for a judge to ask the parties for a waiver from disqualification?

Answer 4

Yes, as long as the reasoning has nothing to do with bias or prejudice, the judge discloses on the record the reasoning, and asks that the parties and their lawyers consider the request outside of his presence or the presence of court personnel

Question 5

Is a judge permitted to use his letterhead to provide references or recommendations for individuals?

Answer 5

Yes, as long as they are based on his personal knowledge, and it will not be seen as an attempt to exert pressure because of his judicial office