Ethics and Judges Ethics Moment March 2007

Most Americans view judges as highly ethical persons with strong moral character. Yet, like most of us, they can fall prey to ethical lapses or worse. Consider federal judges. They are known to attend seminars on economic or environmental issues sponsored by business oriented groups that oppose government regulation—all expenses paid, of course, by the sponsor. Critics contend that this is a tainted picture and should change. Apparently, the Judicial Conference of the United States, a body of 27 federal judges led by the Chief Justice, is concerned about this picture as well. The Judicial Conference has decided it is time to make a few changes least the image of judges should slip in the public’s eye. The Conference has adopted a new policy that prevents judges from accepting reimbursement to attend private seminars sponsored by outside groups (excluding bar associations) unless the sponsor files a public disclosure statement regarding the content of the seminar program and all sources of financing. Additionally, judges that attend seminars are required to place a report of their activities on judicial web sites. Bravo for enhanced public accountability and transparency!

State judges, of course, are not governed by the Judicial Conference. Each state has its own arrangement for promoting ethical behavior in the judiciary. Consider the case of one Ohio Supreme Court Justice who broke the law with a drunken driving conviction and was therefore found in violation of the state’s judicial code. A panel of 13 state appellate judges ruled that the Justice’s behavior failed to uphold Canon 2 of the Ohio code that states: “A Judge Shall Respect and Comply with the Law and Shall Act at All Times in a Manner That Promotes Public Confidence in the Integrity and Impartiality of the Judiciary.” The Justice was publicly reprimanded for her professional misconduct. The Panel could but did not remove her from the bench nor suspend her law license.

Sources: New York Times, September 20, 2006, A18; www.sconet.state.oh.us/Rules/conduct/#canon2