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of the New Code may render certain opinions decided under the Code as it existed prior to October 1, 2003 ("Old Code") no longer valid or appropriate.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 | |
| 13-1 | Accepting pro bono representation | |
| 12-3 | Hearing cases from former law firm in two-judge division of the Trial Court | |
| 12-2 | Duty to report attorney identified as "robosigner" to Board of Bar Overseers | |
| 12-1 | Meeting with Executive Director of Alternative Community Corrections Program | |
| 11-6 | Facebook: using social networking web site | |
| 11-5 | Hearing cases and disclosing when spouse is CPCS Appeals Unit staff attorney | |
| 11-4 | Research Study of Immigrant Women Subject to Domestic Abuse | |
| 11-3 | Hearing Cases Where Current Tenant and Former Law Partner is Mediator | |
| 11-2 | Speaking to the Local Chamber of Commerce | |
| 11-1 | Serving As Advisor to Bar Association Education Conference, Moderating Bench Bar Panel, Attending Bench Bar Reception, and Conference Ball | |
| 10-3 | Accepting award and money in recognition of community service | |
| 10-2 | Serving on Board of Directors, non-profit organization providing services to juveniles and families | |
| 10-1 | Attending Drug Conference, Expenses Reimbursed by Local Foundation | |
| 09-5 | Subpoena to Testify at a Deposition | |
| 09-4 | Deferred Associates Serving as Volunteer Interns/Law Clerks | |
| 09-3 | Serving on Statutory Commission | |
| 09-2 | Selling, Donating and Exhibitiing Landscape Photographs | |
| 09-1 | Receiving an Award at an Event Where Sponsors Have Substantial Business Before the Courts | |
| 08-12 | Serving on Hospital Ethics Committee | |
| 08-11 | Participating in Charity Walk; Charity Websites | |
| 08-10 | Serving as Guardian of Mentally Incompetent Ward | |
| 08-9 | Serving as Executor for Long-term Friend | |
| 08-8 | Serving as a Justice of the Peace | |
| 08-7 | Appointment to Government Committee | |
| 08-6 | Obligation to Report Attorney Misconduct to Board of Bar Overseers | |
| 08-5 | Appearing Before a Federal Court or Agency in Massachusetts; Announcing Name of Firm Judge Will Be Joining | |
| 08-4 | Attending Trial and Testifying in Litigation Involving Close Family Member | |
| 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 | ||
| 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 |