Consider the following situations and discuss whether a violation of judicial ethics occurred:
a. At the end of a trial, a judge refused to allow an attorney to present an argument because he said that he knew what the argument would be and did not agree with it.
Is this interference with effective and expeditious administration of business of courts? See In re Charge of Judicial Misconduct, 62 F.3d 320 (9th Cir. 1995).
b. A judge allegedly authorized wiretaps and electronic surveillance without sufficient evidence. As a result a complaint in the case was dismissed. Is this judicial misconduct? See Matter of a Charge of Judicial Misconduct or Disability, 137 F.3d 650 (1998).
c. In a libel case against a publisher of a newspaper, the presiding judge was previously the subject of numerous negative articles appearing in defendant's newspaper. The defendant wanted the judge to disqualify himself, but the judge refused saying he had no recollection of the prior acticles about him. Evidence later showed this to be untrue. However, the judge ruled in favor of the defendant publisher. Nevertheless the publisher complained that the judge's actions constituted conduct prejudicial to effective and expeditious administration of the courts. Was this a proper case for investigation against the judge? See 28 U.S.C.A. §§ 144, 372(c)(1) and Matter of Judicial Complaint Under 28 U.S.C. § 372 795 F.2d 379 (1986).
d. A district court judge was assigned a federal civil rights case and habeas corpus petition, both challenged a scheduled execution of defendant, who was convicted in state court of murder after kidnapping and/or sexual assault of his victims. Thirteen years earlier while he was in private practice the judge had a slight involvement in the case. Because his involvement was so minimal and because he had little memory of it, he refused to disqualify himself. Was this misconduct? See In re Charges of Judicial Misconduct, 465 F.3d 532 (2006).
e. Do you think it is unethical for lawyers to advertise? If not unethical is it unprofessional? See Bates v. State Bar of Arizona, 433 U.S. 350 (1977) and Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626 (1985).