Opinion

Opinion CJE Opinion No. 98-12

Date: 08/06/1998
Organization: Massachusetts Supreme Judicial Court

The following is an archived advisory opinion of the Committee on Judicial Ethics (CJE) from the time period of 1989 through 2014, and the Code of Judicial Conduct that was in effect from October 1, 2003 to December 31, 2015. Archived advisory opinions also include the Code that was in effect through September 30, 2003. The Supreme Judicial Court adopted a new Massachusetts Code of Judicial Conduct, effective on January 1, 2016. A judge should not rely on any pre- 2016 CJE Advisory Opinion without contacting Supreme Judicial Court Senior Attorney Barbara F. Berenson, counsel to the Committee on Judicial Ethics, at Barbara.Berenson@jud.state.ma.us or 617- 557-1048.

Reporting Contact by Another Judge

         You have asked us about your obligation to file a report with the superior of the Federal judge whose conduct was reported to you in the circumstances described in our Opinion 98-11, a copy of which is enclosed. As we advised the inquiring judge in that Opinion, in addition to reporting the matter to you, she had another duty. "The language of Canon 3(B)(3)(a) . . . requires that you report the matter to the Chief Justice of the court of which the judge in question is a member. (In this case it is apparently the chief judge of the Court of Appeals for the circuit in which the judge sits who has the appropriate disciplinary authority.) You therefore have this further reporting obligation. In fulfilling that obligation, however, it would be sufficient that you merely call the existence of the issue to the attention of the judge's superior. You need not express any opinion on whether a violation of the Code of Judicial Conduct has actually occurred."

         We advised the judge who reported this matter to you that her obligation to report to the Federal judge's superior would be satisfied by your report to that person. We suggest that you notify her of any report that you may make in that regard so that she will know that her obligation has been satisfied. 

Feedback

Did you find what you were looking for on this webpage? * required
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here.

Feedback