Committee on Judicial Ethics
Description of Committee
The Committee on Judicial Ethics was created in 1988 pursuant to S.J.C. Rule 3:11. The Committee is charged with providing advisory opinions and informal advice to judges and individuals nominated to be judges who seek advice "with respect to the interpretation of rules of court relating to the ethical and professional conduct of judges," i.e., the Code of Judicial Conduct, which can be found in S.J.C. Rule 3:09. Currently, the five members of the Committee on Judicial Ethics are:
Hon. Jay D. Blitzman, Juvenile Court
Hon. Ellen Flatley, District Court
Hon. James F. McHugh, Appeals Court, Chair
Professor Judith A. McMorrow, Boston College Law School
Hon. E. Chouteau Merrill, Probate and Family Court
The Secretary of the Committee is Pamela B. Lyons, Esq., Administrative Attorney of the Supreme Judicial Court, who can be reached at (617) 557-1071, or by e-mail at Pamela.Lyons@sjc.state.ma.us.
Despite the similarity in names, the Committee on Judicial Ethics has no connection with the Commission on Judicial Conduct established pursuant to G. L. c. 211C, § 1. The Commission is a disciplinary body that acts in response to complaints against judges and investigates reports of improper judicial conduct. The Committee, on the other hand, is a source of assistance and advice for judges and judicial nominees concerning the requirements of the Code of Judicial Conduct. A judge who seeks and receives a written opinion from the Committee and then follows a course of conduct in reliance on that opinion is protected from disciplinary action, even if the Committee's opinion should later turn out to have been erroneous.
The Supreme Judicial Court rule creating the Committee and the rules of the Committee itself are reproduced on this site. The rules deal primarily with the process by which formal, written opinions of the Committee are obtained -- both regular opinions and emergency opinions. Historically, these formal, written opinions have been published periodically, in redacted form so that the identities of the requesting judges cannot be ascertained (see S.J.C. Rule 3:11 [3]), as reports of the Committee to the Supreme Judicial Court and also through the Flaschner Judicial Institute. The opinions, in redacted form, are now also available on this web site within approximately thirty days after an opinion is issued to a requesting judge.
Although the Committee has issued many formal, written opinions in the years since its inception, the preponderance of the Committee's work has consisted of providing informal, oral advice as to the possible application of the Code of Judicial Conduct to a particular judge's situation. Informal requests are received and dealt with in accordance with the Committee's view that its role is to be a non-threatening, useful source of information to judges who seek to avoid conduct that could be thought questionable under the Code of Judicial Conduct. Informal advice is most commonly given when the answer to a judge's question is reasonably clear. When the answer is unclear, the Committee will so advise the requesting judge and suggest to him or her that a definitive answer, and the protection that a definitive answer provides, is available by seeking a formal opinion in the manner prescribed by S.J.C. Rule 3:11.
Requests for formal advisory opinions should be made by letter, addressed to Pamela B. Lyons, Esq., Secretary, Committee on Judicial Ethics, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750. Requests for informal advice should be directed to Ms. Lyons at (617) 557-1071, or by e-mail at Pamela.Lyons@sjc.state.ma.us. Only a judge or a person who has been nominated to be a judge may make a request. With the very limited exceptions set forth in Rule 3:11 (6), all requests for opinions and advice are kept strictly confidential.