Texas Laws | Ethics |
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Judges are generally prohibited from serving as executors, administrators, trustees or other fiduciaries except for the estate, trust, or person of a member of the judge's family. Even as to family members, the judge may not serve if doing so would interfere with judicial duties or if it is likely that the matter would come before the court in which the judge serves. Judges may receive compensation and reimbursement of expenses for extra-judicial activities, so long as the payments do not give the appearance of influencing the judge or otherwise give the appearance of impropriety. Any compensation must be reasonable and not exceeding what a non-judge would receive for the same activity, and reimbursements must be limited to actual costs. Judges may not serve as arbitrators or mediators for compensation outside the judicial system. {Canon 5} A. Misrepresentation of Candidate or Opponent A judge or judicial candidate must not knowingly or recklessly misrepresent the identity, qualifications, present position, or other fact concerning a candidate or opponent. B. Pledges or Promises Concerning Impending Cases Judges and judicial candidates may not make pledges or promises of conduct regarding pending or impending cases, specific classes of cases, specific classes of litigants, or specific propositions of law that would suggest to a reasonable person that the judge is predisposed to a probable decision in cases within the scope of the pledge. The official comment to Canon 5 states that a statement made during a campaign for judicial office, even if not expressly addressed by Canon 5, may cause a judge's impartiality to be reasonably questioned in the context of a particular case and may result in recusal. Judges and judicial candidates may not authorize the public use of their names to endorse another candidate for public office, except for indicating support for a political party. Judges and candidates may attend political events and express views on political matters so long as the statements do not otherwise violate the Code. In Ethics Opinion No. 295 (2009), the committee determined that a judge whose spouse was running for a judicial office could not allow his name and title to be used in his spouse's campaign material without violating Canons 2(B) and 5(2). VII. DEALING WITH ATTEMPTED EX PARTE COMMUNICATION {Canon 3A(8)} provides that a judge shall not permit or consider improper ex parte or other private communications. {Judicial Ethics Opinion No. 154}, issued by the Committee on Judicial Ethics, discusses the judge's obligations when a party sends the judge a letter that attempts to communicate privately with the judge about a pending or past case. According to the Committee, the judge should: 1. Preserve the original letter by delivering it to the court clerk to be filemarked and kept in the clerk's file; 2. Send a copy of the letter to all opposing counsel and pro se litigants; and 3. Read the letter to determine if it is proper or improper ex parte communication. If it is improper, the judge should send a letter to the communicant, with a copy of the judge's letter to all opposing counsel and pro se litigants, stating that the letter was an improper ex parte communication, that such communication should cease, that the judge will take no action whatsoever in response to the letter, and that a copy of the letter has been sent to all opposing counsel and pro se litigants. Here is an example: [This is a sample letter response to an improper ex parte letter from a litigant. ] (Judge's name, court, address) (date) (name/address of litigant) RE:(style of case & cause number) Dear _______________: I received your [letter of [date]/undated letter]. As a judge, I am charged by the Constitution and laws of Texas to follow and apply our laws. Our laws prohibit me, as a judge, from initiating, engaging in, and considering any form of communication with anyone regarding any facts in a case pending in this court other than through proper procedures. That is, all parties must be given an opportunity, pursuant to law, to present their version of the facts. Your letter constitutes an improper ex parte communication with the court, and pursuant to {Judicial Ethics Opinion #154}, you are informed that I can take and will take NO ACTION WHATSOEVER in response to your letter. I will send this letter to all opposing counsel and pro se litigants. I also am prohibited by law from giving legal advice to litigants. I encourage you to consult with an attorney to assure your rights are protected and the facts of your case are properly and effectively presented. I assure you that all pertinent facts and matters will be considered according to the proper procedures of the law. c:(all attorneys of record/pro se litigants) VIII. ENFORCEMENT OF JUDICIAL STANDARDS The Texas Constitution authorizes the State Commission of Judicial Conduct to enforce and maintain standards of judicial conduct. The commission is empowered to investigate alleged judicial misconduct and discipline any ethical violations. The investigatory work of the commission is confidential. The commission cannot issue sanctions until the judge is given notice and an opportunity for a hearing. IX. POWERS OF THE JUDICIAL COMMISSION The judicial commission has the power to: 1. dismiss a complaint; 2. order a public or private reprimand; 3. require a judge to obtain additional training; 4. force a judge to undergo a physical or psychological exam; 5. suspend, without pay, any judge charged with a felony or a misdemeanor involving official misconduct, during the pendency of the prosecution; or 6. seek, through public trial, the removal or censure of a judge. The Judicial Commission does not have the power to: 1. change the decision of any court; 2. act as an appellate review board; X. SANCTIONS PRIOR TO FORMAL PROCEEDINGS The commission can impose the following sanctions prior to formal proceedings: 1. private admonition: a private letter to the judge suggesting that the action was inappropriate; 2. private warning: a private letter strongly suggesting that the action was wrong; 3. private reprimand: a private letter spelling out findings of fact as well as the standards of law that were transgressed; 4. public admonition/warning: a letter of admonition or warning that is also released to the press and available to the public; or 5. public reprimand: a letter issued to the judge, the press, and available to the public stating that the commission believes that the judge has committed serious misconduct. XI. SANCTIONS AFTER A PUBLIC HEARING The commission can impose the following sanctions after formal proceedings: The commission can issue private letters after formal proceedings: 1. a private admonition: a private letter to the judge suggesting that the action was inappropriate; 2. a private warning: a private letter strongly suggesting that the action was wrong; or 3. a private reprimand: a private letter spelling out findings of fact as well as the standards of law that were transgressed.
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