Committee on Judicial Ethics
Making a Request
Judges and individuals who have been nominated to be judges can request advice from the Committee on Judicial Ethics in two ways: informally and formally. All requests for advice are strictly confidential, except in the extraordinary circumstances described in S.J.C. Rule 3:11 (6).
Informal Requests & Advice
Judges and nominees can make informal requests for advice by telephone or via e-mail. Informal advice is given in instances when the answer to the request is reasonably clear. The Committee members will discuss the request and will typically offer advice, by telephone, within a few days. If time is of the essence, the Committee will consider the time-sensitive nature of the request and will attempt to give its advice as promptly as possible. The preponderance of the Committee's business consists of informal requests and advice. However, informal advice, unlike a formal opinion from the Committee, does not provide the judge with the protection described in S.J.C. Rule 3:11 (3).
In some cases, the Committee may deem the question presented to be such that a formal request is more appropriate. In such a case, the Committee will decline to answer the request informally and will invite the requesting judge to submit a formal request in writing.
Formal Requests & Opinions
Judges and nominees can also make formal requests by writing a letter seeking a formal opinion. The form of the request is prescribed by S.J.C. Rule 3:11 (2) and Rule 2 of the Committee rules, both of which can be found on this site. The letter should include all of the pertinent facts so that the Committee can properly assess the situation and provide an appropriate opinion.
The Committee issues its formal opinions in writing, typically within forty-five days of receiving a request, and publishes its formal opinions pursuant to S.J.C. Rule 3:11 (3). Published opinions do not include the requesting judge's name or other identifying information. If the request is time-sensitive, the Committee will make every effort to issue an opinion as promptly as possible.
Judges who receive, and then take action in reasonable reliance on, a formal opinion are protected from disciplinary action even if the Committee's opinion is later found to have been erroneous. S.J.C. Rule 3:11 (3).
Emergency Requests & Opinions
In rare instances, two members of the Committee can dispense with the usual requirements and give advice on an emergency basis.
Web Site
Before making a request, you might wish to peruse this web site to determine whether there already exist any opinions on point. In addition to the text of the Committee's opinions, this site also contains a variety of other information that you may find helpful, including the text of the Code of Judicial Conduct and rules governing the Committee.
Contact Information
Requests for informal advice and formal opinions should be directed to:
Pamela B. Lyons, Esq.
Secretary, Committee on Judicial Ethics
c/o Supreme Judicial Court
John Adams Courthouse
1 Pemberton Square, Suite 2500
Boston, MA 02108-1750
Phone: (617) 557-1071
Fax: (617) 723-3577
Pamela.Lyons@sjc.state.ma.us