Missouri Judicial Discipline System Mo Const. Art. 5 s. 24: Commission on Retirement, Removal and Discipline  6 Members  2 laypersons appointed by Gove  2 lawyers appointed by MoBar Bd of Governors  1 judge of Court of Appeals, selected by CofA judges (majority of those sitting)  1 circuit judge, selected by circuit judges (same maj.)  Procedure governed by MoSCt Rule 12  Jur. limited to conduct of sitting judges -- candidates bound by MCJC (MRPC 8.2), but disciplined as lawyers!  4 votes req. for removal, suspension, discipline or reprimand

Problem pp  (a) Actions of Calvin while a candidate for election as judge  membership in club that discriminates by gender – 1990 MCJC Canon 2(C) and commentary, 2008 MCJC Rule 3.6(A): no membership in any org that practices “invidious discrimination” for a judge; no such rule for a candidate not already a sitting judge  statement to club members that if teacher having sex relations w/ students came before him, she would get the max – specific case  this case likely to come before his court him?  general statement about sentencing: “almost every criminal who came before me” would get max  1990 Canon 5(A)(3)(d)(1): no “pledges, promises or commitments inconsistent with impartial performance of jud. duties”  20o8 Rule 4.1(A)(13) same  Is this such a commitment? Is it protected by White, n. 2 p. 523?

Problem p Q. (a) c’t’d  Allowing club members to form a campaign committee for him and receive large contributions from each member  1990 MCJC Canon 5(C)(2) permits the formation of such committees for elective judicial office  Allowing friends to write letters to the editor, etc., telling how tough on crime Calvin would be compared with opponent  do we know exactly what was said in these letters?  reproduce C’s statement to them about teacher?  misrepresentations of opponent? Canon 5(A)(3)(d)

Problem p c’t’d  participation in a fundraiser for wildlife support organization  1990 Canon 4(C)(3)(b): applies only to sitting judges : no personal solicitation of funds except among other judges not subordinate  Sexist jokes at that fundraiser  1990 Canon 5(A)(3)(a): maintain dignity appropriate to judicial office, act in manner consistent with impartiality, integrity, etc.  acceptance of gift of fishing equipment at that fundraiser – campaign contribution? If so, may not be accepted personally, MCJC Canon 5(C)(2), 2008 Rule 4.1(A)(8)

Problem pp c’t’d  (b) actions of Calvin as candidate for appointive judicial office: any difference?  1990 Canon 5(B)(1): no solicitation of funds, through committee or otherwise  Canon 5(B)(2): limits on political activity  may communicate with appointing authority  may solicit support of orgs. regularly making recommendations for such appointments  If not already sitting, may continue active membership in political organizations

Problem pp c’t’d  (c) actions of C as sitting judge candidate for re- election  discriminatory club membership – Canon 2(C) – 1 st A. Freedom of Association?  intimate, purely private activity?  comment on teacher: Canon 3(A)(9) -- is it public? Would it interfere with a fair trial or hearing?  Officership in wildlife organization? Canon 4(C)(3) – non-profit, charitable, civic, etc.?  Conduct at fundraiser?