Dealing with Judicial Misconduct in the States: Judicial Independence, Accountability and Reform ... more Dealing with Judicial Misconduct in the States: Judicial Independence, Accountability and Reform James J. Alfini* Shailey Gupta-Brietzke" James F. McMartin IV"* I ... 10. See GRAY, supra note 6, at 1-9; see generally Jeffrey M. Shaman, State Judicial Conduct Organizations, 76 Ky ...
... Indeed, as we shall see in the following survey of the case law, an emphasis on judicial econ... more ... Indeed, as we shall see in the following survey of the case law, an emphasis on judicial economy, through promoting the gen-eral policy favoring settlement, may sometimes be inconsistent with a desire to preserve mediation's core values such as party self-determination. ...
This text is a comprehensive guide to the growing field of mediation, combining theoretical, prac... more This text is a comprehensive guide to the growing field of mediation, combining theoretical, practical, and policy perspectives. Classic mediation and negotiation topics and techniques are presented from a fresh perspectives. The authors weave together excerpts from key books and articles, relevant cases, statutes, and rules and regulations to provide a systematic look at the historical background, theory, ethics, and
Judges are expected not simply to decide the law but to exemplify it. In the face of increasing p... more Judges are expected not simply to decide the law but to exemplify it. In the face of increasing public scrutiny and a welter of new decisions, even the best-intentioned judges can find themselves at a loss. Here is the authoritative, practical guidance you need to ensure judicial activities are irreproachable.Now in its sixth edition, Judicial Conduct and Ethics has established its reputation as the nation\u27s most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition.Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.Some of the substantial new material added to this edition include a new section on international judicial ethics and an updated appendix that enables readers to search the work with reference to rules from the 2007 ABA Model Code of Judicial Conduct. Areas that have been substantially revised or expanded include:• The Appearance of Impropriety• Disqualification• Regulation of Political Activities in Judicial Elections in light of the U. S. Supreme Court’s decision in Florida Bar v. Williams-Yulee• Personal Conduct and Social Mediahttps://www.repository.law.indiana.edu/facbooks/1235/thumbnail.jp
Judges are expected not simply to decide the law but to exemplify it. In the face of increasing p... more Judges are expected not simply to decide the law but to exemplify it. In the face of increasing public scrutiny and a welter of new decisions, even the best-intentioned judges can find themselves at a loss. Here is the authoritative, practical guidance you need to ensure judicial activities are irreproachable. Now in its fifth edition, Judicial Conduct and Ethics has established its reputation as the nation\u27s most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition. Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.https://www.repository.law.indiana.edu/facbooks/1077/thumbnail.jp
Late in 1989, the Standing Committee on Ethics and Professional Responsibility of the American Ba... more Late in 1989, the Standing Committee on Ethics and Professional Responsibility of the American Bar Association made public the final draft of a revised Model Code of Judicial Conduct and recommended that it be adopted by the ABA in 1990.'It is scheduled to be ...
To download this abstract, check the box next to the NCJ number then click the "Back To Sear... more To download this abstract, check the box next to the NCJ number then click the "Back To Search Results" link. Click the "Download" button on the Search Results page. ... This text describes, analyzes, and critiques the existing law of judicial conduct and ethics.
Professor Alfini provides an introduction to the symposium, a description of the included materia... more Professor Alfini provides an introduction to the symposium, a description of the included materials, and his own reflections on the institutionalization, regulation, and resulting uniformity of mediation within the context of the recently drafted Uniform Mediation Act
of the ABA. 1. The cases that challenge restrictions on judicial campaign speech generally challe... more of the ABA. 1. The cases that challenge restrictions on judicial campaign speech generally challenge provisions of Canon 5 of the 1990 version of the ABA Model Code of Judicial Conduct or Canon 7 of the 1972 version. See Stretton v. Disciplinary Bd. of Supreme Court, 944 F.2d 137 (3d Cir. 1991) (upholding constitutionality of "announce clause" of Canon 7 of the Pennsylvania Code of Judicial Conduct, if narrowly construed); Buckley v. Jud. Inquiry Bd., 997 F.2d 224 (7th Cir. 1993) (finding Illinois rule regarding Canon 7(B)(1)(c) was unconstitutionally overbroad because it prohibits all discussions of a candidate's views);
Lon Fuller was one of the most noted legal philosophers of the twentieth century. His 1971 articl... more Lon Fuller was one of the most noted legal philosophers of the twentieth century. His 1971 article on mediation is consistent with his writings on the rule of law and the morality of law by identifying mediation’s unique character in the array of dispute resolution alternatives. As such, it makes a major contribution to the alternative dispute resolution (ADR) field by providing us with an important theoretical construct that offers us a way of thinking about the mediation alternative, and the mediator’s role. Indeed, Carrie Menkel-Meadow has referred to Fuller as “the jurisprude of ADR” (Menkel-Meadow, p. 4)....
Seven years ago, ABC News invited me to be interviewed for a story on concerns over the receipt o... more Seven years ago, ABC News invited me to be interviewed for a story on concerns over the receipt of gifts by justices of the Supreme Court of the United States. They sent a camera crew to my house in Houston on New Year’s Eve and I was interviewed by a correspondent in Washington, D.C. by speaker-phone for over an hour. After the interview, I wondered whether I had said anything newsworthy enough (or controversial enough) to get on the air. I could recall one moment when I said something that might be likely to be considered to be an appropriate sound-bite. Surprisingly, I guessed right. At one point during the interview, I leaned forward and said: “The judge on every court in the United States is subject to some ethical rules except the Supreme Court of the United States.”
The field of judicial ethics currently faces many challenges. This Article attempts to address on... more The field of judicial ethics currently faces many challenges. This Article attempts to address one of these challenges and identify trends that I believe will be very influential during the twenty-first century. Extraordinary challenges are presented by cyberspace, particularly the explosion of interest in the Internet and social media. I conclude that the cyberspace challenges faced in the field of judicial ethics during the first half of the twenty-first century are very different than those encountered during the second half of the twentieth century. In the coming years, there will be a compelling need to address new circumstances with creativity, greater attention to rigorous analysis of judicial ethics provisions (particularly appearance of impropriety) by state high courts in deciding judicial misconduct cases, and an increased emphasis on judicial education.
Dealing with Judicial Misconduct in the States: Judicial Independence, Accountability and Reform ... more Dealing with Judicial Misconduct in the States: Judicial Independence, Accountability and Reform James J. Alfini* Shailey Gupta-Brietzke" James F. McMartin IV"* I ... 10. See GRAY, supra note 6, at 1-9; see generally Jeffrey M. Shaman, State Judicial Conduct Organizations, 76 Ky ...
... Indeed, as we shall see in the following survey of the case law, an emphasis on judicial econ... more ... Indeed, as we shall see in the following survey of the case law, an emphasis on judicial economy, through promoting the gen-eral policy favoring settlement, may sometimes be inconsistent with a desire to preserve mediation's core values such as party self-determination. ...
This text is a comprehensive guide to the growing field of mediation, combining theoretical, prac... more This text is a comprehensive guide to the growing field of mediation, combining theoretical, practical, and policy perspectives. Classic mediation and negotiation topics and techniques are presented from a fresh perspectives. The authors weave together excerpts from key books and articles, relevant cases, statutes, and rules and regulations to provide a systematic look at the historical background, theory, ethics, and
Judges are expected not simply to decide the law but to exemplify it. In the face of increasing p... more Judges are expected not simply to decide the law but to exemplify it. In the face of increasing public scrutiny and a welter of new decisions, even the best-intentioned judges can find themselves at a loss. Here is the authoritative, practical guidance you need to ensure judicial activities are irreproachable.Now in its sixth edition, Judicial Conduct and Ethics has established its reputation as the nation\u27s most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition.Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.Some of the substantial new material added to this edition include a new section on international judicial ethics and an updated appendix that enables readers to search the work with reference to rules from the 2007 ABA Model Code of Judicial Conduct. Areas that have been substantially revised or expanded include:• The Appearance of Impropriety• Disqualification• Regulation of Political Activities in Judicial Elections in light of the U. S. Supreme Court’s decision in Florida Bar v. Williams-Yulee• Personal Conduct and Social Mediahttps://www.repository.law.indiana.edu/facbooks/1235/thumbnail.jp
Judges are expected not simply to decide the law but to exemplify it. In the face of increasing p... more Judges are expected not simply to decide the law but to exemplify it. In the face of increasing public scrutiny and a welter of new decisions, even the best-intentioned judges can find themselves at a loss. Here is the authoritative, practical guidance you need to ensure judicial activities are irreproachable. Now in its fifth edition, Judicial Conduct and Ethics has established its reputation as the nation\u27s most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition. Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.https://www.repository.law.indiana.edu/facbooks/1077/thumbnail.jp
Late in 1989, the Standing Committee on Ethics and Professional Responsibility of the American Ba... more Late in 1989, the Standing Committee on Ethics and Professional Responsibility of the American Bar Association made public the final draft of a revised Model Code of Judicial Conduct and recommended that it be adopted by the ABA in 1990.'It is scheduled to be ...
To download this abstract, check the box next to the NCJ number then click the "Back To Sear... more To download this abstract, check the box next to the NCJ number then click the "Back To Search Results" link. Click the "Download" button on the Search Results page. ... This text describes, analyzes, and critiques the existing law of judicial conduct and ethics.
Professor Alfini provides an introduction to the symposium, a description of the included materia... more Professor Alfini provides an introduction to the symposium, a description of the included materials, and his own reflections on the institutionalization, regulation, and resulting uniformity of mediation within the context of the recently drafted Uniform Mediation Act
of the ABA. 1. The cases that challenge restrictions on judicial campaign speech generally challe... more of the ABA. 1. The cases that challenge restrictions on judicial campaign speech generally challenge provisions of Canon 5 of the 1990 version of the ABA Model Code of Judicial Conduct or Canon 7 of the 1972 version. See Stretton v. Disciplinary Bd. of Supreme Court, 944 F.2d 137 (3d Cir. 1991) (upholding constitutionality of "announce clause" of Canon 7 of the Pennsylvania Code of Judicial Conduct, if narrowly construed); Buckley v. Jud. Inquiry Bd., 997 F.2d 224 (7th Cir. 1993) (finding Illinois rule regarding Canon 7(B)(1)(c) was unconstitutionally overbroad because it prohibits all discussions of a candidate's views);
Lon Fuller was one of the most noted legal philosophers of the twentieth century. His 1971 articl... more Lon Fuller was one of the most noted legal philosophers of the twentieth century. His 1971 article on mediation is consistent with his writings on the rule of law and the morality of law by identifying mediation’s unique character in the array of dispute resolution alternatives. As such, it makes a major contribution to the alternative dispute resolution (ADR) field by providing us with an important theoretical construct that offers us a way of thinking about the mediation alternative, and the mediator’s role. Indeed, Carrie Menkel-Meadow has referred to Fuller as “the jurisprude of ADR” (Menkel-Meadow, p. 4)....
Seven years ago, ABC News invited me to be interviewed for a story on concerns over the receipt o... more Seven years ago, ABC News invited me to be interviewed for a story on concerns over the receipt of gifts by justices of the Supreme Court of the United States. They sent a camera crew to my house in Houston on New Year’s Eve and I was interviewed by a correspondent in Washington, D.C. by speaker-phone for over an hour. After the interview, I wondered whether I had said anything newsworthy enough (or controversial enough) to get on the air. I could recall one moment when I said something that might be likely to be considered to be an appropriate sound-bite. Surprisingly, I guessed right. At one point during the interview, I leaned forward and said: “The judge on every court in the United States is subject to some ethical rules except the Supreme Court of the United States.”
The field of judicial ethics currently faces many challenges. This Article attempts to address on... more The field of judicial ethics currently faces many challenges. This Article attempts to address one of these challenges and identify trends that I believe will be very influential during the twenty-first century. Extraordinary challenges are presented by cyberspace, particularly the explosion of interest in the Internet and social media. I conclude that the cyberspace challenges faced in the field of judicial ethics during the first half of the twenty-first century are very different than those encountered during the second half of the twentieth century. In the coming years, there will be a compelling need to address new circumstances with creativity, greater attention to rigorous analysis of judicial ethics provisions (particularly appearance of impropriety) by state high courts in deciding judicial misconduct cases, and an increased emphasis on judicial education.
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