ETHICS AND PROFESSIONAL RESPONSIBILITY FOR PJs, CHIEFS and CEOs NATIONAL ASSOCIATION FOR PRESIDING JUDGES AND COURT EXECUTIVE OFFICERS CLEVELAND, OHIO SEPTEMBER 27, 2016 9:45 to 10:45 a.m.

HYPOTHETICAL #1 The presiding judge consults the court executive officer about an anonymous letter sent to the presiding judge, which states that one of the judges on the court, Judge I.M. Freedman, exchanges dozens of offensive emails daily, including cartoons and jokes that disparage women, racial minorities and members of the LGBT community. The anonymous letter states that the persons circulating the emails include lawyers who have appeared before the judge and some may be other judges. The letter, signed by “Whistleblower,” closes by stating that if the presiding judge doesn’t do anything, “Whistleblower” will go public.

Does Judge Freedman’s exchange of offensive emails violate any ethical rules? YES NO

If ethical rules are violated by the emails, which rules?

Does it make any difference whether the emails are sent to Judge Freedman’s court email address or to a personal email address but viewed on his court computer? YES NO

Does it make any difference whether the judge receives the emails but does not forward them or send his own offensive emails? YES NO

What should the court executive officer advise the presiding judge to do in response to the anonymous letter?

HYPOTHETICAL #2 State Trial Judge Michael I.M. Right is assigned to the family law panel. As part of his assignment, he presides over marriage and adoption cases. For a few years, Judge Right has performed marriages for family, friends and others, both in and out of the courthouse. He has decided that, for religious reasons, he will not perform marriages of same sex couples. He has also decided he will not consider adoptions by same sex couples. He informed the supervising judge of the family panel and the presiding judge of his decisions.

May Judge Right ethically refuse to perform same sex marriages while still performing other marriages? YES NO

What ethical rules are implicated by Judge Right’s refusal to perform same sex marriages while still performing other marriages?

Does it make a difference in your answers if the judge simply stops performing all marriages? YES NO

Is the analysis the same for the judge’s recusal from adoption cases involving same sex couples? YES NO

Are there different ethical issues involved with the judge’s refusal to perform same sex marriages versus his recusal from adoption cases involving same sex couples?

What are the responsibilities of the supervising and presiding judges upon being informed of the judge’s decisions not to perform same sex marriages and adoptions by same sex couples?

Assume the supervising and presiding judges inform Judge Right he cannot refuse to perform same sex marriages or recuse from adoptions by same sex couples. Assume also that Judge Right maintains his positions. What should the supervising and presiding judge do? NOTHING REPORT THE JUDGE TO THE CONDUCT COMMISSION OTHER

HYPOTHETICAL #3 During a tense discussion of performance issues, a deputy court clerk tells her supervisor that she is being retaliated against because she has not participated in noon prayer meetings held by Judge Samson in her chambers or accepted the judge’s invitations to attend the judge’s church, unlike the other employees who are allowed to slack off because they are members of the judge’s religious circle.

What ethical rules are implicated by the judge’s reported conduct towards the deputy court clerk?

Should the supervisor: DO NOTHING INVESTIGATE TELL THE PRESIDING JUDGE OR COURT EXECUTIVE OFFICER REPORT THE JUDGE TO THE CONDUCT COMMISSION

The supervisor asks around a bit and discovers that the judge is holding prayer meetings with some staff during the lunch hour and that some of staff are attending events at the judge’s church. In addition, she learns that the judge’s staff takes turns leading prayers before sessions in the courtroom, the judge is offering litigants deferred dispositions in misdemeanor cases if they bring in proof of church attendance, there is a display of the Ten Commandments in her courtroom, and the judge’s assistant is helping the judge with administrative tasks related to the judge’s church-related ministry.

What ethical rules are implicated by the reported activities?

Should the supervisor: DO NOTHING CONTINUE TO INVESTIGATE TELL THE PRESIDING JUDGE OR COURT EXECUTIVE OFFICER REPORT THE JUDGE TO THE CONDUCT COMMISSION

The supervisor reports what she has learned to the presiding judge and the court executive officer. Should they: DO NOTHING INVESTIGATE TALK TO THE JUDGE REPORT THE JUDGE TO THE CONDUCT COMMISSION