Subject Index of Judicial Ethics Opinions

This index includes all of the formal Letter Opinions issued by the Committee on Judicial Ethics.

This index includes all of the formal Letter Opinions issued by the Committee on Judicial Ethics

  • Opinion 2016-1 and all subsequent opinions concern the new Code of Judicial Conduct, effective January 1, 2016.
  • Opinions 2003-11 through 2014-4 deal with the provisions of the Code of Judicial Conduct in effect October 1, 2003, through December 31, 2015.
  • Opinions 89-1 through 2003-10 deal with the Code of Judicial Conduct in effect until September 30, 2003.

Adoption of the new Code of Judicial Conduct may render certain opinions decided under the Code as it existed prior to January 1, 2016, no longer valid or appropriate. A judge should not rely on any pre-2016 opinion without contacting the Committee on Judicial Ethics. Many sections of the new Code are at least slightly different from cognate sections of the prior Codes and the differences may produce different results. In many instances where the new Code endorses the analysis of pre-2016 opinions, that analysis is included in the new Code or in the Frequently Asked Questions.

Table of Contents

A

Accepting Money. See also Awards & Honors.

Accepting Award and Money in Recognition of Community Service (10-3)
Accepting Award and Money (99-17)

Accepting Payment. See also Compensation; Financial Activities; Reimbursement.

Attending Drug Court Conference, Expenses Reimbursed by Local Foundation (10-1)
Receiving a Share of Fees Collected by Judge's Former Law Firm (08-2)
Accepting Reimbursement of Travel Expenses for Drug Court Training Program (07-9)
Receiving Extended Payout of Capital Investment in Former Firm (00-1)
Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge (99-12)
Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge (99-11)
Accepting Payment of Travel Expenses (99-4)
Receiving Payments from a Research Institute for Papers to be Written (99-2)

Advertising. See also Media; Use of Name.

Judges as Authors: Novels or Other Works of Fiction (21-02)
Participating in University's Video Profile Series (17-2)
Participating in University Advertising Campaign (00-6)

Advisory Committees. See also Civic Activities; Conflict of Interest, career.

Service on Board of Nonprofit Organizations (16-2)
Serving on Hospital Ethics Committee (08-12)
Serving as Co-Chair of Advisory Board for Civil Rights Project (07-1)
Serving on Advisory Committee for Department of Public Health Planning Grant (03-14)
Serving on Private School Investment Committees Following Adoption of New Code (03-11)
Participating in Parent Advisory Council for Special Education (02-18)
Appointment to Advisory Committee to Hospital (91-3)
Appointment to Advisory Committee to Coalition of Agencies Whose "Clients" May Be Involved in Litigation (91-2)

Affidavits

Signing Affidavit Supporting New Trial Motion (01-2)

Amicus Brief

Filing Amicus Brief in Pending Appeal (02-10)

Appearing Before the Court. See also Conflict of Interest, familial; Conflict of Interest, career; Conflict of Interest, social; Hearing Cases.

Disqualification: Litigant Has Filed a Complaint or Lawsuit Against Judge (23-3)
Disqualification: Prior Professional and Personal Relationship with Attorney (23-2)
Disqualification: Litigant is Employed by Entity that also Employs Judge’s Child (23-1)
Disqualification, Party is Former Client of Judge (18-4)

Disclosure of Former Facebook Friendship (18-3)
Disqualification: Judge's Spouse Previously Represented a Defendant (16-11)
Twitter: Using Social Networking Site (16-9)
Linked In: Using Social Networking Site (16-8)
Facebook: Using Social Networking Site (16-1)
Hearing cases and disclosing when spouse is CPCS Appeals Unit staff attorney. (11-5)
Hearing Cases Where Current Tenant and Former Law Partner is Mediator (11-3)
Appearing Before a Federal Court or Agency in Massachusetts (08-5)
Hearing Guardianship Cases Brought by Hospital Where Child's Spouse is Employed (06-6)
Maintaining Social Relationship With Neighbor, an Attorney Who Practices In Judge's Court (04-9)
Attorney is Former Client of Judge (04-1)
Fiancee is Assistant District Attorney (02-17)
Prosecutor is a Former Student of Judge (02-9)
Hearing Cases of Attorneys Associated With Father (01-17)
Hearing Cases in County Where Son is Assistant District Attorney (01-16)
Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney (99-8)
Proceedings Involving Former Partner (98-19)
Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney (96-3)
Proceedings Involving Members of Former Law Firm (95-6)
Hearing De Novo Retrials of Cases Tried by Judge's Father, an ADA, and Trials Involving The District Attorney's Staff (92-1)
Proceeding Involving Former Partners (89-2)

Appointments. See also Advisory Committees; Civic Activities.

Service on Board of Nonprofit Organizations (16-2)
Serving on Statutory Commission (09-3)
Appointment to Government Committee (08-7)
Serving as Co-Chair of Advisory Board for Civil Rights Project (07-1)
Appointment to United Nations Panel on War Crimes, etc. in Foreign Country (03-15)
Appointment to Task Force Concerning Admission Criteria in Public School (96-4)
Appointment to Sub-Committee of Trustees Overseeing Conflict of Interest Policy (95-3)
Appointment as Director of Nonprofit Corporation (95-1)
Appointment to Advisory Committee to Hospital (91-3)
Appointment to Advisory Committee to Coalition of Agencies Whose "Clients" May Be Involved in Litigation (91-2)
Appointment as Director of Nonprofit Corporation (90-4)
Appointment As Director of Organization Involved in Litigation (90-2)
Appointment to Government Committee (89-4)
Appointment as Director of Legal Services Organization (89-2)

Associations. See Bar Association; Membership.

Awards & Honors. See also Bar Association; Event, attendance/appearance; Fundraising; Fundraisers.

Receiving an award at a bar association event where sponsors have substantial business before the courts (14-1)
Accepting Award and Money in Recognition of Community Service (10-3)
Receiving an Award at an Event Where Sponsors Have Substantial Business Before the Courts (09-1)
Being Guest of Honor at Event Sponsored by Consortium of Law Firms and Other Organizations to Honor Judges of Color (07-4)
Receiving Award from Chamber of Commerce (03-1)
Law School Event Honoring Alumni in Judiciary (02-12)
Receiving Award from Local Bar Association (02-6)
Accepting Award at Fundraiser (99-17)
Accepting "Man of the Year Award" (99-10)
Being Honored by Bar Association (98-18)
Accepting Award and Money (98-17)
Accepting Award from Association Representing Service Providers (98-2)
Attendance at and Receiving Awards at Certain Events, and Making Contributions to Certain Organizations (95-8)
Being Named Man of Year, with Dinner and Program Book (92-4)

B

Bar Association. See also Membership.

Service on Governing Board of a Bar Association (17-3)
Receiving an award at a bar association event where sponsors have substantial business before the courts (14-1)
Serving As Advisor to Bar Association Education Conference, Moderating Bench Bar Panel, Attending Bench Bar Reception, and Conference Ball (11-1)
Serving as Member and Officer of Inn of Court; Involvement in Fundraising and Recruitment (05-3)
Serving as Judicial Trustee for Massachusetts Bar Foundation (04-8)
Serving on Boston Bar Association Council (03-12)
Serving on Boston Bar Association Council (03-5)
Receiving Award from Local Bar Association (02-6)
Writing Letter Supporting Reinstatement to the Bar (00-5)
Being Honored by Bar Association (98-18)
Serving as Bar Association Treasurer; as Chair of Board of Editors (98-8)
Bar Association Involvement in Court Celebration (98-5)
Serving as Mass. Bar Section Chair (97-7)
Contributing to Mass. Bar Foundation (97-1)

Board of Bar Overseers. See also Obligation to Report/Duty to Disclose.

Duty to Report Attorney Identified as "Robosigner" to Board of Bar Overseers (12-2)
Duty to Report Attorney Misconduct (08-6)
Duty to Report Attorney and Judge for Misconduct in Another Court (07-8)
Duty to Report Ex Parte Communication From Attorney (03-10)
Continuing Use of Judge's Surname in Title of Former Firm (03-9)
Duty to Report Misconduct of Judge and Lawyer (02-4)
Reporting Attorney's Conduct to Board of Bar Overseers (99-3)
Obligation to Report Matter to Board of Bar Overseers (92-3)

Board of Directors, Nonprofit Corporation. See also Conflict of Interest; Extrajudicial, service.

Service on Governing Board of a Bar Association (17-3)
Service on Board of Nonprofit Organizations (16-2)
Serving on Board of Directors, non profit organization providing services to juveniles and families (10-2)
Serving on Board of Nonprofit Organization Devoted to Individuals With Substance Abuse and Mental Health Issues (06-7)
Serving on Board of Trustees of Private, Nonprofit Hospital (05-2)
Serving as Judicial Trustee for Massachusetts Bar Foundation (04-8)
Serving on Private School Investment Committees Following Adoption of New Code (03-11)
Serving on Board of Directors of Nonprofit Publisher (01-11)
Serving on Board of Directors, Community Foundation (00-9)
Serving on Board of Overseers of S.J.C. Historical Society (99-6)
Serving on Board of Directors of Center for Health Care Negotiation (99-1)
Serving on Board of Directors of Nonprofit (97-2)
Serving on Board of Directors of Legal Services Organization (96-2)

Board of Directors, Other

Serving on Board of Trust Whose Mission is to Distribute Funds for the Benefit of Persons in the Community Where the Judge Sits (14-3)
Serving as Member or Officer of Condominium Board of Governors (01-6)
Hearing Matters Involving Organization, Judge on Board of Directors (01-5)

Board of Trustees, Commercial. See also Board of Directors.

Serving on Board of Trustees of Savings Bank (01-14)

Book

Judges as Authors: Novels or Other Works of Fiction (21-02)
Invitation to Write a Forward to a Book (93-2)

Branches of Government

Communication with Executive and Legislative Branches Regarding Proposed Closing of Courthouse (03-6)
Serving on Statutory Commissions (14-4)

Business. See also Board of Directors; Corporation.

Participating in a For-Profit Business (18-1)
Participation in Cover Band and Business Band (17-4)
Hearing Cases Where Current Tenant and Former Law Partner is Mediator (11-3)
Owning Residential and Commercial Properties as Investments (06-4)
Owning and Managing Residential and Commercial Properties as Investments (04-6)
Participation in a Publishing Business (93-1)

C-D

Case Management

Implementing Case Management System (97-10)

Charitable Activities. See also Election; Event, attendance/appearance; Fundraiser; Fund- raising; Politics.

Donating, Selling, and Exhibiting Photographs (16-4)
Participating in Charity Walk (08-11)
Charity Websites (08-11)
Participating in Charity Bike Ride (00-4)
Purchase of Tickets for and Attendance at Charitable Fundraiser Honoring a State Senator (92-2)

Civic Activities. See also Extrajudicial.

Service on Governing Board of a Bar Association (17-3)
Public Outreach in Support of the Rule of Law and Judicial Independence (17-1)
Serving on Hospital Ethics Committee (08-12)
Serving as Co-Chair of Advisory Board for Civil Rights Project (07-1)
Serving as a "Call Firefighter" in Town Where Judge Resides (05-6)
Appointment to Task Force Concerning Admission Criteria in Public School (96-4)
Appointment to Sub-Committee of Trustees Overseeing Conflict of Interest Policy (95-3)
Appointment as Director of Nonprofit Corporation (95-1)
Appointment to Advisory Committee to Hospital (91-3)
Appointment to Advisory Committee to Coalition of Agencies Whose "Clients" May Be Involved in Litigation (91-2)
Appointment as Director of Nonprofit Corporation (90-4)
Appointment as Director of Organization Involved in Litigation (90-2)
Appointment to Government Committee (89-4)
Appointment as Director of Legal Services Organization (89-2)

Compensation. See also Indemnification; reimbursement of expenses.

Accepting Compensation for Legal Services Rendered in Practice (98-3)

Conflicts of Interest, Familial. See also Elections; Politics; Recusal; Trustee.

Disqualification: Litigant is Employed by Entity that also Employs Judge’s Child (23-1)
Disqualification: Litigants are Clients or Employees of Agency Employing Judge's Spouse (16-12)

Disqualification: Judge's Spouse Previously Represented a Defendant (16-11)
Hearing cases and disclosing when spouse is CPCS Appeals Unit staff attorney. (11-5)
Appearing Before Town Board Regarding Proposed Development on Land Jointly Owned by Judge and Spouse (07-2)
Hearing Guardianship Cases Brought by Hospital Where Child's Spouse is Employed (06-6)
Lawyers and Litigants Who Appear Before Judge Have Patronized Business Establishment Owned by Judge and Judge's Family Members (06-1)
Judge's Family Member is Member of Committee for Public Counsel Services (04-10)
Judge's Obligations When Child Runs for Political Office (03-8)
Spouse is Employed by Nonprofit Organization Serving the Disabled (03-4)
Involvement as Trustee in Parents' Estate Plan (03-2)
Fiancee is Assistant District Attorney (02-17)
Hearing Cases of Attorneys Associated With Father (01-17)
Hearing Cases in County Where Son is Assistant District Attorney (01-16)
Activities as Spouse of Candidate (99-16)
Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney (99-8)
Political Activity by Family Members (98-4)
Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney (96-3)
Hearing De Novo Retrials of Cases Tried by Judge's Father, an ADA, and Trials Involving The District Attorney's Staff (92-1)

Conflicts of Interest, Professional. See also Appearing Before the Court; Hearing Cases; Recusal.

Disqualification: Litigant Has Filed a Complaint or Lawsuit Against Judge (23-3)
Disqualification: Prior Professional and Personal Relationship with Attorney (23-2)
Disqualification: Litigant is Employed by Entity that also Employs Judge’s Child (23-1)
Disclosure of Former Facebook Friendship (18-3)

Participation in Cover Band and Business Band (17-4)
Twitter: Using Social Networking Site (16-9)
Linked In: Using Social Networking Site (16-8)
Facebook: Using Social Networking Site (16-1)
Disqualification, Party is Former Client of Judge (18-4)
Accepting pro bono representation (13-1)
Hearing Cases from former law firm in two-judge division of the Trial Court (12-3)
Hearing Cases Where Current Tenant and Former Law Partner is Mediator (11-3)
Deferred Associates Serving as Volunteer Interns/Law Clerks (09-4)
Speaking at Conference Sponsored by Regular Litigant In Judge's Court (07-6)
Judge's Family Member is Member of Committee for Public Counsel Services (04-10)
Attorney is Former Client of Judge (04-1)
Hearing Matters Involving Certain Organizations (01-10)
Hearing Matters Involving Organization, Judge on Board of Directors (01-5)
Child Fatality Review Team Participating Judge/Judge's Designee (01-4)
Serving as Adjunct Professor and Sitting on Cases Involving Firm of a Trustee (99-9)
Proceedings Involving Former Partner (98-19)
Commenting Publicly About Matter in Which Involved (98-15)
Ordering Supervised Visitation at Center Run by Children of Court's Family Service Officer (96-1)
Appointment to Advisory Committee to Coalition of Agencies Whose "Clients" May be Involved in Litigation (91-2) (See also 91-3)
Beneficial Interest in Office Building Leased to Party Appearing in Court (91-1)
Appointment as Director of Organization Involved in Litigation (90-2)
Proceeding Involving Former Partners (89-2)

Conflicts of Interest, Social. See also Appearing Before the Court; Recusal.

Disqualification: Prior Professional and Personal Relationship with Attorney (23-2)
Facebook: using social networking web site. (11-6)
Maintaining Social Relationship With Neighbor, an Attorney Who Practices In Judge's Court (04-9)
Serving as Executor of Estate of Family Friend (03-3)
Prosecutor is a Former Student of Judge (02-9)
Touring Section of City with Certain Persons (97-8)

Consulting Services

Providing Judicial Administration Consulting Services (01-12)

Contributions. See also Events, attendance/appearance; Fundraising; Fundraisers; Gifts; Membership.

Contributing to Fundraiser (03-7)
Joining/Contributing to Certain Organizations (99-15)
Contributing to Mass. Bar Foundation (97-1)
Attendance at and Receiving Awards at Certain Events, and Making Contributions to Certain Organizations (95-8)

Corporation. See also Board of Directors, Commercial; Nonprofit; Other

Serving on Board of Trustees of Savings Bank (01-14)
Serving on Board of Directors of Center for Health Care Negotiation (99-1)
Maintaining Professional Corporation; Retaining Interest in Closely Held Corporation (98-14)
Activities, Including Fundraising, on Behalf of Not-for-Profit Corporation (95-4)
Service as Shareholder and Treasurer of Investment Partnership (95-2)
Appointment as Director of Nonprofit Corporation (95-1)
Appointment as Director of Nonprofit Corporation (90-4)

Court-Appointed Counsel

Appointment of Certain Attorney as Counsel (89-6)

Court-Appointed Guardian

Appointment of Certain Attorney as Guardian Ad Litem (89-7)

Court Employees/Resources

New Judge, Communications with Successor Counsel (18-2)
Deferred Associates Serving as Volunteer Interns/Law Clerks (09-4)
Hiring Court Employees (00-8)

Discounts. See also Donations; Gifts.

Serving as Trip Chaperone at Reduced Cost (01-9)
Paying Discounted Bill for Legal Services (94-2)

Discrimination. See also Membership.

Membership in Boy Scouts of America (01-1)

Disqualification. See Recusal.

Donations. See also Discounts; Gifts.

Donating, Selling, and Exhibiting Photographs (16-4)Deferred Associates Serving as Volunteer Interns/Law Clerks (09-4)
Selling, Donating and Exhibiting Landscape Photographs (09-2)
Accepting Free Products and Services for Official Use (05-4)
Donations For Decorating Court (89-1)

E

Educational Activities

Public Outreach in Support of the Rule of Law and Judicial Independence (17-1)
Acting on Children's Educational Television Program (07-5)
Assisting Organizations to Educate Courts (97-9)

Elections. See also Conflict of Interest, familial; Politics.

Family Member Placing Political Campaign Sign Outside Judge's Home (05-8)
Judge's Obligations When Child Runs for Political Office (03-8)
Activities as Spouse of Candidate (99-16)
Signing Nomination Papers (99-13)
Political Activity by Family Members (98-4)

Employment. See Compensation; Recommendations; Conflicts of Interest.

Event, attendance/appearance. See also Charitable Activities; Elections; Politics.

Participation in Cover Band and Business Band (17-4)
Public Outreach in Support of the Rule of Law and Judicial Independence (17-1)
Speaking at Community Family Day (16-6)
Attending and Presenting at a Regional Educational Drug Court Conference (14-2)
Receiving an award at a bar association event where sponsors have substantial business before the courts (14-1)
Speaking to the Local Chamber of Commerce (11-2)
Serving As Advisor to Bar Association Education Conference, Moderating Bench Bar Panel, Attending Bench Bar Reception, and Conference Ball (11-1)
Receiving an Award at an Event Where Sponsors Have Substantial Business Before the Courts (09-1)
Speaking at Conference Sponsored by Regular Litigant In Judge's Court (07-6)
Being Guest of Honor at Event Sponsored by Consortium of Law Firms and Other Organizations to Honor Judges of Color (07-4)
"Appearing" by Video (or by Letter to be Read Aloud) at Fundraiser; Contributing to Fundraiser (03-7)
Attending Conference Where Case Pending on Appeal Will be Discussed (02-14)
Law School Event Honoring Alumni in Judiciary (02-12)
Appearing in Video for Use by Pro Se Litigants (02-7)
Attending Reception and Dinner for Retiring Mayor (01-15)
Attending, as Guest, Fundraising Event (00-7)
Holding Social Function for Retiring Judge (00-3)
Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge (99-12)
Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge (99-11)
Attendance at and Receiving Awards at Certain Events, and Making Contributions to Certain Organizations (95-8)
Purchase of Tickets for and Attendance at Charitable Fundraiser Honoring a State Senator (92-2)

Executor. See also Conflict of Interest.

Serving as Executor for Long-term Friend (08-9)
Continuing in Roles of Executor and Trustee After Appointment to the Bench (05-9)
Serving as Executor of Estate of Family Friend (03-3)
Accepting Durable Power of Attorney, Serving as Executor (00-2)
Serving as Executor (97-3)

Ex Parte Communications

Responding to Letter from Crime Victim Regarding Disposition of Case (03-17)
Discussing Pending Case with Other Judge (98-10)

Extrajudicial, Participation. See also Educational Activities; Historic and Cultural Activities.

Participating in a For-Profit Business (18-1)
Attending and Presenting at a Regional Educational Drug Court Conference (14-2)
Umpiring Softball Games for a Fee (07-3)
Participating in Parent Advisory Council for Special Education (02-18)
Participating as Panelist at Conference -- Discussing Case Pending on Appeal (02-13)
Accepting Artwork for Display in Courthouse (and Participating in Selection Committee); Appearing in Video for Use by Pro Se Litigants (02-7)
Participating in Activities of Academy of Matrimonial Lawyers (02-1)
Child Fatality Review Team Participating Judge/Judge's Designee (01-4)

Extrajudicial, Service. See also Educational Activities; Historic and Cultural Activities.

Service on Governing Board of a Bar Association (17-3)
Service on Board of Nonprofit Organizations (16-2)

Serving on Board of Directors, non-profit organization providing services to juveniles and families (10-2)
Serving as a Justice of the Peace (08-8)
Serving as Co-Chair of Advisory Board for Civil Rights Project (07-1)
Acting as Judge on "People's Court" Type Television Program -- Serving as Consultant for Production Company (05-10)
Serving as a "Call Firefighter" in Town Where Judge Resides (05-6)
Serving on Board of Trustees of Private, Nonprofit Hospital (05-2)
Serving as Judicial Trustee for Massachusetts Bar Foundation (04-8)
Serving on Boston Bar Association Council (03-5)
Serving as Executor of Estate of Family Friend (03-3)
Serving as Legislative Counsel to Municipality (02-19)
Serving as Special Adviser to Branch of Government other than Judiciary (02-15)
Serving as Trip Chaperone at Reduced Cost (01-9)
Serving as Part-Time Technical Consultant to Television Program (99-14)
Serving as Adjunct Professor and Sitting on Cases Involving Firm of a Trustee (99-9)
Serving as "Master of Ceremonies" (99-7)
Serving on Community Policing Commission (98-13)
Serving as Bar Association Treasurer; as Chair of Board of Editors (98-8)
Serving as Elected Officer or Director of Golf Club (98-7)
Serving as Mass. Bar Section Chair (97-7)
Serving as Executor (97-3)
Service as Shareholder and Treasurer of Investment Partnership (95-2)

F-G

Family.  See also Conflict of Interest, familial; Recusal.

Disqualification: Litigant is Employed by Entity that also Employs Judge’s Child (23-1)
Participating in a For-Profit Business (18-1)

Disqualification: Litigants are Clients or Employees of Agency Employing Judge's Spouse (16-12)
Disqualification: Judge's Spouse Previously Represented a Defendant (16-11)
Service as a Trustee, Close Family-Like Relationship (16-7)
Participating in a For-Profit Business (18-1)
Disqualification:  Litigants are Clients or Employees of Agency Employing Judge's Spouse (16-12)
Disqualification:  Judge's Spouse Previously Represented a Defendant (16-11)
Service as a Trustee, Close Family-Like Relationship (16-7)
Appearing Before Town Board Regarding Proposed Development on Land Jointly Owned by Judge and Spouse (07-2)

Fiancé.  See Conflict of Interest, familial; Recusal.

Financial Activities.  See also Business.

Judges as Authors: Novels or Other Works of Fiction (21-02)
Definition of Economic Interest (17-5)
Donating, Selling, and Exhibiting Photographs (16-4)
Owning Residential and Commercial Properties as Investments (06-4)
Owning and Managing Residential and Commercial Properties as Investments (04-6)
Creating, Exhibiting, and Selling Fine Art Paintings (01-18)

Fundraiser.  See also Charitable Activities; Elections; Event, attendance/appearance; Politics.

Participation in Cover Band and Business Band (17-4)
Donating, Selling, and Exhibiting Photographs (16-4)
"Appearing" by Video (or by Letter to be Read Aloud) at Fundraiser; Contributing to Fundraiser (03-7)
Attending, as Guest, Fundraising Event (00-7)
Participating in Charity Bike Ride (00-4)
Accepting Award at Fundraiser (99-17)

Fundraising.  See also Charitable Activities; Event, attendance/appearance; Extrajudicial.

Service on Governing Board of a Bar Association (17-3)
Writing Letter in Support of Nonprofit Organization That Assists Certain Litigants (06-5)
Serving as Member and Officer of Inn of Court; Involvement in Fundraising and Recruitment (05-3)
Involvement in Planning and Fundraising for Annual Conference of National Association of Women Judges (04-3)
Soliciting Contributions for Private School While Serving on Board of Directors (04-2)
Activities, Including Fundraising, on Behalf of a Not-for-Profit Corporation (95-4)
Purchase of Tickets for and Attendance at Charitable Fundraiser Honoring a State Senator (92-2)
Separation of Judiciary from Fundraising Events (89-3)

Gifts. See also Discounts; Donations.

Accepting pro bono representation (13-1)
Deferred Associates Serving as Volunteer Interns/Law Clerks (09-4)
Accepting Free Services from Surveillance Company (02-20)
Accepting Artwork for Display in Courthouse (02-7)
Serving as Trip Chaperone at Reduced Cost (01-9)
Acceptance of Publishing Company's Donation of a CD-ROM Product (95-10)
Acceptance and Use of Amtrak Rail Pass (95-7)
Paying Discounted Bill for Legal Services (94-2)
Acceptance of Complimentary Books (90-3)

Government Commissions and Committees. See also Appointments; Extrajudicial.

Serving on Statutory Commission (09-3)
Appointment to Government Committee (08-7)
Serving as a "Call Firefighter" in Town Where Judge Resides (05-6)
Serving on Governor's Commission on Corrections Reform (03-16)
Appointment to United Nations Panel on War Crimes, etc. in Foreign Country (03-15)
Serving on Subcommittees on Governor's Commission on Criminal Justice Innovation (03-13)
Appointment to Government Committee (89-4)
Serving on Statutory Commissions (14-4)

Guardian.

Serving as Guardian of Mentally Incompetent Ward (08-10)

H-J

Hearing Cases. See also Conflict of Interest; Recusal.

Disqualification: Litigant Has Filed a Complaint or Lawsuit Against Judge (23-3)
Disqualification: Prior Professional and Personal Relationship with Attorney (23-2)
Disqualification: Litigant is Employed by Entity that also Employs Judge’s Child (23-1)

Hearing Cases from former law firm in two-judge division of the Trial Court (12-3)
Hearing Cases When Current Tenant and Former Law Partner is Mediator (11-3)
Hearing Cases of Attorneys Associated With Father (01-17)
Hearing Cases in County Where Son is Assistant District Attorney (01-16)
Hearing Matters Involving Certain Organizations (01-10)
Hearing Matters Involving Organization, Judge on Board of Directors (01-5)
Hearing De Novo Retrials of Cases Tried by Judge's Father, an ADA, and Trials Involving The District Attorney's Staff (92-1)

Historic and Cultural Activities. See also Extrajudicial.

Being Featured in City's 350th Anniversary Publication (03-18)
Serving on Board of Overseers of S.J.C. Historical Society (99-6)

Indemnification. See also Compensation; Reimbursement of Expenses.

Accepting Indemnification of Legal Fees and Expenses (01-13)

Information, Use of. See also Media; Name, Use of.

Judges as Authors: Novels or Other Works of Fiction (21-02)
Participating in University's Video Profile Series (17-2)
Service on Board of Nonprofit Organizations (16-2)
Use of Biographical Material of Judge in Former Firm's Brochure (90-1)

Interest, Other. See also Corporation.

Participating in a For-Profit Business (18-1)
Beneficial Interest in Office Building Leased to Party Appearing in Court (91-1)
Maintaining Professional Corporation; Retaining Interest in Closely Held Corporation (98-14)

Interest, Property. See also Business; Financial Activities.

Hearing Cases Where Current Tenant and Former Law Partner is Mediator (11-3)
Appearing Before Town Board Regarding Proposed Development on Land Jointly Owned by Judge and Spouse (07-2)
Owning Residential and Commercial Properties as Investments (06-4)
Owning and Managing Residential and Commercial Properties as Investments (04-6)
Owning Office Building with Attorneys as Tenants (93-3)
Rental of Condominium, Not Available to Public, to Judges (89-5)

Judge, retired. See also Information, Use of.

Serving as a Master within Six Months of Retirement (16-5)
Practicing in the Federal Courts within Six Months After Retirement (16-3)

Voice Mail Recording (01-8)
Retired Judge Noticing and Taking Depositions Being Addressed Socially (01-3)
Holding Social Function for Retiring Judge (00-3)

Judicial Administration

Meeting with Executive Director of Alternative Community Corrections Program (12-1)

L-O

Landlord/Tenant. See Interest, Property.

Lawyers. See also Appearing Before the Court; Conflicts of Interest.

Disqualification: Prior Professional and Personal Relationship with Attorney (23-2)
Hearing cases from former law firm in two-judge division of the Trial Court (12-3)
Fiancee is Assistant District Attorney (02-17)
Prosecutor is a Former Student of Judge (02-9)
Hearing Cases in County Where Son is Assistant District Attorney (01-16)
Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney (99-8)
Proceedings Involving Former Partner (98-19)
Propriety of Presiding on Cases Involving a District Attorney's Office When Spouse is First Assistant District Attorney (96-3)
Owning Office Building with Attorneys as Tenants (93-3)
Proceeding Involving Former Partners (89-2)

Media. See also Extrajudicial; Information, Use of; Name, Use of.

Judges as Authors: Novels or Other Works of Fiction (21-02)
Disclosure of Former Facebook Friendship (18-3)
Participating in University's Video Profile Series (17-2)
Twitter: Using Social Networking Site (16-9)
Linked In: Using Social Networking Site (16-8)
Facebook: Using Social Networking Site (16-1)
Facebook: Using Social Networking website. (11-6)
Trial Judge Being Interviewed by Author for Book about Criminal Case (08-1)
Acting on Children's Educational Television Program (07-5)
Acting as Judge on "People's Court" Type Television Program -- Serving as Consultant for Production Company (05-10)
Moderating Discussion on Local Public Access Radio Station (05-5)
Being Featured in City's 350th Anniversary Publication (03-18)
Hosting Call-In Cable Television Show (02-16)
Participating in University Advertising Campaign (00-6)
Serving as Part-Time Technical Consultant to Television Program (99-14)
Inclusion in Law School Booklet re: Alumni Judges (98-1)
Use of Biographical Material of Judge in Former Firm's Brochure (90-1)

Meetings, participation in/attending. See also Extrajudicial.

Appearing Before Town Board Regarding Proposed Development on Land Jointly Owned by Judge and Spouse (07-2)
Meeting with Candidates for Register of Probate (02-8)
Juvenile Justice Roundtable Attend Meetings Probation Officer Attending (01-7)
Attending Meetings of Domestic Violence Roundtables (98-16)
Attending Meetings of Safe Neighborhood Initiative (98-9)

Membership. See also Discrimination; Event, attendance/appearance.

Serving as Member and Officer of Inn of Court; Involvement in Fundraising and Recruitment (05-3)
Retaining Membership in Masons, Assuming Leadership Role (02-11)
Retaining Membership in Masons, Assuming Leadership Role (02-3)
Serving as Member or Officer of Condominium Board of Governors (01-6)
Membership in Boy Scouts of America (01-1)
Joining/Contributing to Certain Organizations (99-15)

Misconduct, attorney. See Obligation to Report/Duty to Disclose.

Misconduct, judicial. See Obligation to Report/Duty to Disclose.

Name, Use of. See also Information, Use of; Media.

Judges as Authors: Novels or Other Works of Fiction (21-02)
Participating in University's Video Profile Series (17-2)
Testifying as a Character Witness: Disbarred Attorney's Reinstatement Proceeding (16-13)
Service on Board of Nonprofit Organizations (16-2)
Using Judge's Surname in Title of Former Law Firm During Dissolution (08-2)
Continuing Use of Judge's Surname in Title of Former Firm (03-9)
Voice Mail Recording (01-8)
Inclusion in Law School Booklet re: Alumni Judges (98-1)

Obligation to Report/Duty to Disclose. See also Board of Bar Overseers.

Duty to Report Perceived Judicial Misconduct (21-1)
Duty to Report Attorney Identified as "Robosigner" to Board of Bar Overseers (12-2)
Obligation to Report Attorney Misconduct to Board of Bar Overseers (08-6)
Duty to Report Attorney and Judge for Misconduct in Another Court (07-8)
Reporting to Law Enforcement Authorities Impounded Information Learned From Criminal Defense Attorney (07-7)
Reporting to Proper Authorities Evidence of Possibly Illegal Conduct (05-7)
Duty to Report Ex Parte Communication From Attorney (03-10)
Duty to Report Misconduct of Judge and Lawyer (02-4)
Reporting Attorney's Conduct to Board of Bar Overseers (99-3)
Duty to Disclose Information to Defense Counsel (98-20)
Reporting Contact by Another Judge (98-12)
Reporting Contact by Another Judge (98-11)
Obligation to Report Matter to Board of Bar Overseers (92-3)

Owning Property. See Interest, Property.

P-S

Politics. See also Conflict of Interest; Elections.

Participation in Cover Band and Business Band (17-4)
Political Activity:  Participating in Women's March on Washington (16-10)
Family Member Placing Political Campaign Sign Outside Judge's Home (05-8)
Judge's Obligations When Child Runs for Political Office (03-8)
Activities as Spouse of Candidate (99-16)
Signing Nomination Papers (99-13)
Political Activity by Family Members (98-4)

Practice of Law

New Judge, Communications with Successor Counsel (18-2)
Serving as a Master within Six Months of Retirement (16-5)
Practicing in the Federal Courts within Six Months After Retirement (16-3)
Announcing Name of Firm Judge Will Be Joining (08-5)
Writing to District Attorney in Behalf of Former Client Who May Have Been Wrongfully Convicted (04-7)

Pro Se

Representing Self in Matter Before Another Court (02-2)

Public Comments

Public Outreach in Support of the Rule of Law and Judicial Independence (17-1)
Twitter: Using Social Networking Site (16-9)
Trial Judge Being Interviewed by Author for Book about Criminal Case (08-1)
Moderating Discussion on Local Public Access Radio Station (05-5)
Responding to Letter from Crime Victim Regarding Disposition of Case (03-17)
Attending Conference Where Case Pending on Appeal Will be Discussed (02-14)
Participating as Panelist at Conference -- Discussing Case Pending on Appeal (02-13)
Commenting Publicly About Matter in Which Involved (98-15)

Real Estate. See Interest, Property.

Recommendations by Judge

Testifying as a Character Witness: Disbarred Attorney's Reinstatement Proceeding (16-13)
Writing Letter in Support of Nonprofit Organization That Assists Certain Litigants (06-5)
Using Court Stationery for Letter of Recommendation to Judicial Nominating Commission (05-1)
Writing to District Attorney in Behalf of Former Client Who May Have Been Wrongfully Convicted (04-7)
Writing Letter at Court Employee's Request for Use in Disciplinary Proceeding (04-5)
Writing Unsolicited Letter for Use in Court Employee's Disciplinary Proceeding (04-4)
Writing Letter Supporting Reinstatement to the Bar (00-5)
Writing Letter of Recommendation to a Judge (99-5)
Writing Letter Attesting to Character (97-2)
Sending Letter of Recommendation to Executive Council (95-9)
Writing Letters of Recommendation, and Making Recommendations on Behalf of Judicial Candidates (94-1)

Recusal See also Appearing Before the Court; Conflict of Interest; Disqualification.

Disqualification: Litigant Has Filed a Complaint or Lawsuit Against Judge (23-3)
Disqualification: Prior Professional and Personal Relationship with Attorney (23-2)
Disqualification: Litigant is Employed by Entity that also Employs Judge’s Child (23-1)
Disqualification, Party is Former Client of Judge (18-4)

Disclosure of Former Facebook Friendship (18-3)
Definition of Economic Interest (17-5)
Participation in Cover Band and Business Band (17-4)
Disqualification: Litigants are Clients or Employees of Agency Employing Judge's Spouse (16-12)
Disqualification: Judge's Spouse Previously Represented a Defendant (16-11)
Twitter: Using Social Networking Site (16-9)
Linked In: Using Social Networking Site (16-8)
Facebook: Using Social Networking Site (16-1)
Hearing cases from former law firm in two-judge division of the Trial Court (12-3)
Hearing cases and disclosing when spouse is CPCS Appeals Unit staff attorney. (11-5)
Hearing Cases Where Current Tenant and Former Law Partner is Mediator (11-3)
Serving on Board of Directors, non-profit organization providing services to juveniles and families (10-2)
Reporting Attorney Misconduct to Board of Bar Overseers (08-6)
Hearing Guardianship Cases Brought by Hospital Where Child's Spouse is Employed (06-6)
Lawyers and Litigants Who Appear Before Judge Have Patronized Business Establishment Owned by Judge and Judge's Family Members (06-1)
Judge's Family Member is Member of Committee for Public Counsel Services; and Judge Formerly Accepted Appointments from Committee for Public Counsel Services (04-10)
Maintaining Social Relationship With Neighbor, an Attorney Who Practices In Judge's Court (04-9)
Attorney is Former Client of Judge (04-1)
Spouse is Employed by Nonprofit Organization Serving the Disabled (03-4)
Fiancé is Assistant District Attorney (02-17)
Prosecutor is a Former Student of Judge (02-9)
Proceedings Involving Former Partner (98-19)
Matters Involving Co-authors (97-6)
Proceedings Involving Members of Former Law Firm (95-6)
Recusal from Ongoing Litigation (95-5)
Impartiality re: Party and Counsel (89-8)
Proceeding Involving Former Partners (89-2)

Reimbursement of Expenses See also Compensation; Indemnification.

Attending Drug Court Conference, Expenses Reimbursed by Local Foundation (10-1)
Accepting Reimbursement of Travel Expenses for Drug Court Training Program (07-9)
Accepting Payment of Case-Related Travel Expenses from Litigants (02-5)
Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge (99-12)
Attending Program, Expenses Reimbursed by Organization(s) Appearing Before the Judge (99-11)

Renting Property See Interest, Property.

Research Study

Research Study of Immigrant Women Subject to Domestic Abuse (11-4)

Sale of Products See Financial Activities.

Spouse. See also Conflict of Interest, familial; Disqualification; Recusal. 

Disqualification: Judge's Spouse is Employed at Agency Serving Litigants (16-12)
Disqualification: Judge's Spouse Previously Represented Defendant (16-11)

T-Z

Testimony

Testifying as a Character Witness:  Disbarred Attorney's Reinstatement Proceeding (16-13)
Subpoena to testify at a deposition (09-5)
Attending Trial and Testifying in Litigation Involving Close Family Member (08-4)
Appearing Before Town Board Regarding Proposed Development on Land Jointly Owned by Judge and Spouse (07-2)
Attending and Testifying at Clerk-Magistrate's Hearing re Family Dog (06-3)
Testifying Pursuant to Subpoena at Former Client's Parole Hearing (06-2)
Writing to District Attorney in Behalf of Former Client Who May Have Been Wrongfully Convicted (04-7)
Writing Letter at Court Employee's Request for Use in Disciplinary Proceeding (04-5)
Writing Unsolicited Letter for Use in Court Employee's Disciplinary Proceeding (04-4)
Testifying Before General Court Committee (97-5)
Testifying Before General Court Committee (97-4)

Transition to or from Judgeship

New Judge, Communications with Successor Counsel (18-2)          
Serving as a Master within Six Months of Retirement (16-5)
Practicing in the Federal Courts within Six Months After
Retirement (16-3)

Appearing Before a Federal Court or Agency (08-5)
Announcing Name of Firm Judge Will Be Joining (08-5)
Withdrawal From Trustee Position After Appointment to Judgeship (08-3)
Using Judge's Surname in Title of Former Law Firm During Dissolution; Receiving a Share of Fees Collected by Former Firm (08-2)
Continuing in Roles of Executor and Trustee After Appointment to the Bench (05-9)
Continuing Use of Judge's Surname in Title of Former Firm (03-9)
Receiving Extended Payout of Capital Investment in Former Firm (00-1)

Trustee. See also Conflict of Interest.

Service as a Trustee, Close Family-Like Relationship (16-7)
Serving on Board of Trust Whose Mission is to Distribute Funds for the Benefit of Persons in the Community Where the Judge Sits (14-3)
Serving as Executor and Trustee for Long-term Friend (08-9)
Withdrawal From Trustee Position After Appointment to Judgeship (08-3)
Continuing in Roles of Executor and Trustee After Appointment to the Bench (05-9)
Serving as Judicial Trustee for Massachusetts Bar Foundation (04-8)
Involvement as Trustee in Parents' Estate Plan (03-2)

Witness

Testifying as a Character Witness:  Disbarred Attorney's Reinstatement Proceeding (16-13)
Attending Trial and Testifying in Litigation Involving Close Family Member (08-4)
Attending and Testifying at Clerk-Magistrate's Hearing re Family Dog (06-3)
Testifying Pursuant to Subpoena at Former Client's Parole Hearing (06-2)
Appearing as a Witness (98-6)

Contact   for Subject Index of Judicial Ethics Opinions

Address

John Adams Courthouse, One Pemberton Square, Boston, MA 02108

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