The Massachusetts Judicial Branch

Supreme Judicial Court

Judicial Ethics Opinions

Chronological Index of Opinions


This index includes all of the advisory opinions issued to date by the Committee on Judicial Ethics. Opinion 2003-11 and all subsequent opinions deal with provisions of the new Code of Judicial Conduct effective October 1, 2003 ("New Code").

Adoption of the New Code may render certain opinions decided under the Code as it existed prior to October 1, 2003 ("Old Code") no longer valid or appropriate. Many sections of the New Code are at least slightly different from cognate sections of the Old Code and the differences may produce different results.

If you have any doubt or concern about the validity of an earlier decision as applied to a current issue, please contact the Committee on Judicial Ethics with a request for informal advice or a formal opinion regarding the matter.


Opinion
  Subject
08-3   Withdrawal From Trustee Position After Appointment to Judgeship
08-2   Using Judge's Surname in Title of Former Law Firm During Dissolution; Receiving a Share of Fees Collected by Former Firm
08-1   Trial Judge Being Interviewed by Author for Book about Criminal Case
07-10   Unpublished Opinion
07-9   Accepting Reimbursement of Travel Expenses for Drug Court Training Program
07-8   Duty to Report Attorney and Judge for Misconduct in Another Court
07-7   Reporting to Law Enforcement Authorities Impounded Information Learned From Criminal Defense Attorney
07-6   Speaking at Conference Sponsored by Regular Litigant in Judge's Court
07-5   Acting on Children's Educational Television Program
07-4   Being Guest of Honor at Event Sponsored by Consortium of Law Firms and Other Organizations to Honor Judges of Color
07-3   Umpiring Softball Games for a Fee
07-2   Appearing Before Town Board Regarding Proposed Development on Land Jointly Owned by Judge and Spouse
07-1   Serving as Co-Chair of Advisory Board for Civil Rights Project
06-7   Serving on Board of Nonprofit Organization Devoted to Individuals With Substance Abuse and Mental Health Issues
06-6   Recusal -- Hearing Guardianship Cases Brought by Hospital Where Child's Spouse is Employed
06-5   Writing Letter in Support of Nonprofit Organization That Assists Certain Litigants
06-4   Owning Residential and Commercial Properties as Investments
06-3   Attending and Testifying at Clerk-Magistrate's Hearing re Family Dog
06-2   Testifying Pursuant to Subpoena at Former Client's Parole Hearing
06-1  
Recusal -- Lawyers and Litigants Who Appear Before Judge Have Patronized Business Establishment Owned by Judge and Judge's Family Members
05-10   Acting as Judge on "People's Court" Type Television Program -- Serving as Consultant for Production Company
05-9   Continuing in Roles of Executor and Trustee After Appointment to the
Bench
05-8   Family Member Placing Political Campaign Sign Outside Judge's Home
05-7   Reporting to Proper Authorities Evidence of Possibly Illegal Conduct
05-6   Serving as a "Call Firefighter" in Town Where Judge Resides
05-5   Moderating Discussion on Local Public Access Radio Station
05-4   Accepting Free Products and Services for Official Use
05-3   Serving as Member and Officer of Inn of Court; Involvement in Fundraising and Recruitment
05-2   Serving on Board of Trustees of Private, Nonprofit Hospital
05-1   Using Court Stationery for Letter of Recommendation to Judicial Nominating Commission
04-10   Recusal -- Judge's Family Member is Member of Committee for Public Counsel Services; and Judge Formerly Accepted Appointments from Committee for Public Counsel Services
04-9   Maintaining Social Relationship With Neighbor, an Attorney Who Practices In Judge's Court
04-8   Serving as Judicial Trustee for Massachusetts Bar Foundation
04-7   Writing to District Attorney in Behalf of Former Client Who May Have Been Wrongfully Convicted
04-6   Owning and Managing Residential and Commercial Properties as Investments
04-5   Writing Letter at Court Employee's Request for Use in Disciplinary Proceeding
04-4   Writing Unsolicited Letter for Use in Court Employee's Disciplinary Proceeding
04-3   Involvement in Planning and Fund-Raising for Annual Conference of National Association of Women Judges
04-2   Soliciting Contributions for Private School While Serving on Board of Directors
04-1   Recusal -- Attorney is Former Client of Judge
03-18   Being Featured in City's 350th Anniversary Publication
03-17   Responding to Letter from Crime Victim Regarding Disposition of Case
03-16   Serving on Governor's Commission on Corrections Reform
03-15   Appointment to United Nations Panel on War Crimes, etc. in Foreign Country
03-14   Serving on Advisory Committee for Department of Public Health Planning Grant
03-13   Serving on Subcommittees of Governor's Commission on Criminal Justice Innovation
03-12   Serving on Boston Bar Association Council
03-11   Serving on Private School Investment Committees Following Adoption of New Code
03-10   Duty to Report Ex Parte Communication from Attorney
03-9   Continuing Use of Judge's Surname in Title of Former Firm
03-8   Judge's Obligations When Child Runs for Political Office
03-7   "Appearing" by Video (or by Letter to be Read Aloud) at Fundraiser
Contributing to Fundraiser
03-6   Communication with Executive and Legislative Branches Regarding Proposed Closing of Courthouse
03-5   Serving on Boston Bar Association Council
03-4   Recusal -- Spouse is Employed by Nonprofit Organization Serving the Disabled
03-3   Serving as Executor of Estate of Family Friend
  Involvement as Trustee in Parents' Estate Plan
  Receiving Award from Chamber of Commerce
  Accepting Free Services from Surveillance Company
  Serving as Legislative Counsel to Municipality
  Participating in Parent Advisory Council for Special Education
  Recusal -- Fiancé is Assistant District Attorney
  Hosting Call-In Cable Television Show
  Serving as Special Adviser to Branch of Government Other Than Judiciary
  Attending Conference Where Case Pending on Appeal Will be Discussed
  Participating as Panelist at Conference -- Discussing Case Pending on Appeal
  Law School Event Honoring Alumni in Judiciary
  Retaining Membership in Masons, Assuming Leadership Role
  Filing Amicus Brief in Pending Appeal
  Recusal -- Prosecutor is a Former Student of Judge
  Meeting with Candidates for Register of Probate
  Accepting Artwork for Display in Courthouse
(and Participating in Selection Committee)
Appearing in Video for Use by Pro Se Litigants
  Receiving Award from Local Bar Association
  Accepting Payment of Case-Related Travel Expenses from Litigants
  Duty to Report Misconduct of Judge and Lawyer
  Retaining Membership in Masons, Assuming Leadership Role
  Representing Self in Matter Before Another Court
  Participating in Activities of Academy of Matrimonial Lawyers
  Creating, Exhibiting, and Selling Fine Art Paintings
  Hearing Cases of Attorneys Associated With Father
  Hearing Cases in County Where Son is Assistant District Attorney
  Attending Reception and Dinner for Retiring Mayor
  Serving on Board of Trustees of Savings Bank
  Accepting Indemnification of Legal Fees and Expenses
  Providing Judicial Administration Consulting Services
  Serving on Board of Directors of Nonprofit Publisher
  Hearing Matters Involving Certain Organization
  Serving as Trip Chaperone at Reduced Cost
  Retired Judge, Voice Mail Recording
  Juvenile Justice Roundtable Attend Meetings Probation Officer Attending
  Serving as Member or Officer of Condominium Board of Governors
  Hearing Matters Involving Organization, Judge on Board of Directors
  Child Fatality Review Team Participating Judge - Conflict Judge's Designee - Conflict
  Retired Judge Noticing and Taking Depositions Being Addressed Socially
  Signing Affidavit Supporting New Trial Motion
  Membership in Boy Scouts of America
  Serving on Board of Directors, Community Foundation
  Hiring Court Employees
  Attending, as Guest, Fundraising Event
  Participating in University Advertising Campaign
  Writing Letter Supporting Reinstatement to the Bar
  Participating in Charity Bike Ride
  Holding Social Function for Retiring Judge
  Accepting Durable Power of Attorney, Serving as Executor
  Receiving Extended Payout of Capital Investment in Former Firm

99-17

  Accepting Award at Fund-raiser
  Activities as Spouse of Candidate
  Joining/Contributing to Certain Organizations
  Serving as Part-Time Technical Consultant to Television Program
  Signing Nomination Papers
  Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge
  Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge
  Accepting "Man of the Year Award"
  Serving as Adjunct Professor and Sitting on Cases Involving Firm of a Trustee
  Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney
  Serving as "Master of Ceremonies"
  Serving on Board of Overseers of S.J.C. Historical Society
  Writing Letter of Recommendation to a Judge
  Accepting Payment of Travel Expenses
  Reporting Attorney's Conduct to Board of Bar Overseers
  Receiving Payments from a Research Institute for Papers to be Written
  Serving on Board of Directors of Center for Health Care Negotiation
  Duty to Disclose Information to Defense Counsel
  Recusal - Proceedings Involving Former Partner
  Being Honored by Bar Association
  Accepting Award and Money
  Attending Meetings of Domestic Violence Roundtables
  Commenting Publicly About Matter in Which Involved
  Maintaining Professional Corporation; Retaining Interest in Closely Held Corporation
  Serving on Community Policing Commission
  Reporting Contact by Another Judge
  Reporting Contact by Another Judge
  Discussing Pending Case With Other Judge
  Attending Meetings of Safe Neighborhood Initiative
  Serving as Bar Association Treasurer; as Chair of Board of Editors
  Serving as Elected Officer or Director of Golf Club
  Appearing as a Witness
  Bar Association Involvement in Court Celebration
  Political Activity by Family Members
  Accepting Compensation for Legal Services Rendered in Practice
  Accepting Award from Association Representing Service Providers
  Inclusion in Law School Booklet re Alumni Judges
  Implementing Case Management System
  Assisting Organizations to Educate Courts
  Touring Section of City With Certain Persons
  Serving as Mass. Bar Section Chair
  Recusal, Matters Involving Co-authors
  Testifying Before General Court Committee
  Serving as Executor
  Serving on Board of Directors of Nonprofit
  Writing Letter Attesting to Character
  Contributing to Mass. Bar Foundation
  Appointment to Task Force Concerning Admission Criteria for Public School
  Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney
  Serving on Board of Directors of Legal Services Organization
  Ordering Supervised Visitation at Center run by Children of Court's Family Service Officer
  Acceptance of Publishing Company's Donation of a CD-ROM Product
  Sending Letter of Recommendation to Executive Council
  Attendance at and Receiving Awards at Certain Events, and Making Contributions to Certain Organizations
  Acceptance and Use of Amtrak Rail Pass
  Recusal - Proceedings Involving Members of Former Law Firm
  Recusal from Ongoing Litigation
  Activities, Including Fundraising, on Behalf of A Not-for-Profit Corporation
  Appointment to Sub-Committee of Trustees Overseeing Conflict of Interest Policy
  Service as Shareholder and Treasurer of Investment Partnership
  Appointment as Director of Nonprofit Corporation
  Paying Discounted Bill for Legal Services
  Writing Letters of Recommendation,and Making Recommendations on Behalf of Judicial Candidates
  Owning Office Building with Attorneys as Tenants
  Invitation to Write a Forward to a Book
  Participation in a Publishing Business
  Being Named Man of Year, with Dinner and Program Book
  Obligation to Report Matter to Board of Bar Overseers
  Purchase of Tickets for and Attendance at Charitable Fund-Raiser Honoring a State Senator
  Hearing De Novo Retrials of Cases Tried by Judge's Father,an ADA, and Trials Involving The District Attorney's Staff
  Appointment to Advisory Committee to Hospital
  Appointment to Advisory Committee to Coalition of Agencies Whose "Clients" May Be Involved in Litigation
  Beneficial Interest in Office Building Leased to Party Appearing in Court
  Appointment As Director of Non-Profit Corporation
  Acceptance of Complimentary Books
  Appointment As Director of Organization Involved in Litigation
  Use of Biographical Material of Judge in Former Firm's Brochure
  Recusal - Impartiality re Party and Counsel
  Appointment of Certain Attorney as Guardian Ad Litem
  Appointment of Certain Attorney as Counsel
  Rental of Condominium, Not Available to Public, to Judges
  Appointment to Government Committee
  Separation of Judiciary From Fund-Raising Events
  Recusal - Proceeding Involving Former Partners
Appointment As Director of Legal Services Organization
  Donations For Decorating Court