Published Advisory Opinions from the Committee on Codes of Conduct, Judicial Conference of the United States

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CHAPTER IV.
PUBLISHED ADVISORY OPINIONS

Introduction

Among other things, the Committee on Codes of Conduct is authorized by the Judicial Conference of the United States to publish formal advisory opinions on issues frequently raised or issues of broad application.

The Committee's first 26 published Advisory Opinions were issued prior to the Judicial Conference's adoption in 1973 of the Code of Conduct for United States Judges and interpret the Canons of Judicial Ethics of the American Bar Association. Subsequent opinions interpret the Code of Conduct for United States Judges and other judicial branch Codes of Conduct. Revisions to the Code of Conduct for United States Judges were approved in September 1992. Advisory Opinions 27 through 88 interpret the Code before the September 1992 revisions.

Persons subject to the Code of Conduct for United States Judges should consult the Code, the Ethics Reform Act of 1989 and the regulations promulgated thereunder, and the Compendium which contains a summary of selected published and unpublished opinions of the Committee, in addition to the published Advisory Opinions.

Contents


1.	[Withdrawn]
2.	Service Without Compensation on Governing Boards of Charitable Organizations
3.	Participation in a Seminar of General Character
4.	[Withdrawn]
5.	[Withdrawn]
6.	[Withdrawn]
7.	Faculty Member of the National College of State Trial Judges
8.	[Withdrawn]
9.	Judge Testifying as a Character Witness
10.	[Withdrawn]
11.	Judge Acting in Controversy Where Friend of Long Standing or Friend's Law Firm Is Counsel
12.	Judge Serving Without Compensation on Managing Boards of Religious, Fraternal and Charitable Corporations, Including Legal Aid Bureau
13.	[Withdrawn]
14.	[Withdrawn]
15.	Judge Serving as Director of Nonprofit Club
16.	[Withdrawn]
17.	Travel and Hotel Expenses -- Judge and a Family Member
18.	[Withdrawn]
19.	Judge's Membership in a Political Club
20.	Stockholdings
21.	[Withdrawn]
22.	[Withdrawn]
23.	[Withdrawn]
24.	Financial Settlement and Disqualification on Judge's Resignation From Law Firm
25.	[Withdrawn]
26.	Litigation Involving Health Insurance Companies
27.	Financial Interest -- Judge's Spouse Beneficiary of a Trust from which Defendant Leases Property
28.	Service as Officer or Trustee of Hospital or Hospital Association
29.	Service as President or Director of a Corporation Operating a Cooperative Apartment
30.	[Withdrawn]
31.	[Withdrawn]
32.	Limited Solicitation of Funds for the Boy Scouts of America
33.	Service as a Co-trustee of a Pension Trust
34.	Judge Serving as Officer or on Governing Board of Bar Association
35.	Judge's Name Appearing on Letterheads and Other Solicitation Material of Charitable Organization
36.	Commenting on Legal Issues Arising before a College Board of Trustees of Which a Judge Is a Member
37.	Officer or Trustee of a Professional Organization Receiving Governmental or Private Grants or Operating Funds
38.	Disqualification of a Judge Whose Child Is an Assistant United States Attorney
39.	[Withdrawn]
40.	Membership in Such Organizations as the Anti-Defamation League of B'nai B'rith, the Sierra Club and the National Association for the Advancement of Colored People
41.	[Withdrawn]
42.	Participation of a Judge in the Every-Member Canvass (Fund-Raising) of a Local Church
43.	A Judge Serving as a Statutory Member of a Citizens' Supervisory Commission of the Personnel Board of the County of Residence.
44.	Trustee of a State Supported College or University
45.	[Withdrawn]
46.	Acceptance by Judges of Public Testimonials or Awards
47.	Acceptance of Complimentary Memberships in Professional and Social Clubs
48.	Application of Judicial Conference Conflict-of-Interest Rules for Part-time Magistrate Judges, Including Permissible Office Arrangements
49.	Code of Judicial Conduct Does not Require a Judge to Disqualify in a Case Where a Trade Association Appears as a Party because Judge owns a Small Percentage of Outstanding, Publicly-traded Shares of One or More Members of Trade Association
50.	A Judge's Appearance Before a Legislative or Executive Body or Official
51.	Propriety of a Law Clerk to a Judge Working on a Case in Which a Party Is Represented by the Spouses's Law Firm
52.	Code of Conduct Does not Require a Judge to Disqualify in a Case Where the American Bar Association or Some Other Open-Membership Bar Association Is a Party
53.	Political Involvement of a Judge's Spouse
54.	[Withdrawn]
55.	Judicial Writings and Publications
56.	[Withdrawn]
57.	Disqualification in a Case When Controlled Subsidiary of a Corporation in Which Judge Owns Stock Is a Party
58.	Disqualification in a Case in Which a Relative is Employed by a Participating Law Firm
59.	Propriety of a Judge Giving Evaluation of Judicial Candidate to Screening or Appointing Authority
60.	Appointment of the Spouse of an Assistant United States Attorney as Part-time Magistrate Judge
61.	Appointment of a Law Partner of the Judge's Nephew as a Special Master
62.	[Withdrawn]
63.	Disqualification in Relation to Amici
64.	Employing a Judge's Child as Law Clerk
65.	Judge's Recommendation for Pardon or Parole
66.	Disqualification Following Complaint Against Attorney
67.	Attendance at Educational Seminars
68.	[Withdrawn]
69.	Removal of Disqualification by Disposal of Interest
70.	Disqualification When Former Judge Appears as Counsel
71.	Disqualification After Oral Argument
72.	Use of Title "Judge" by Former Judges
73.	Requests for Letters of Recommendation and Similar Endorsements
74.	Law Clerk's Future Employer
75.	Military and Other Governmental Pensions
76.	Service of State Employees as Part-time United States Magistrate Judges
77.	[Withdrawn]
78.	Disqualification When the Judge Is a Utility Ratepayer or Taxpayer
79.	Use of Chambers, Resources, and Staff for Activities Permitted by Canon 4
80.	Use of Chambers, Resources, and Staff for Activities Permitted by Canon 5
81.	When Law Clerk's Future Employer Is the United States Attorney
82.	Joining Organizations
83.	Law Clerks' Bonuses and Reimbursement for Relocation and Bar-Related Expenses
84.	Judge's Pursuit of Post-Judicial Employment
85.	Membership in the American Bar Association
86.	Honoraria, Teaching, and Outside Earned Income Limitation
87.	Participation in Continuing Legal Education Programs
88.	Receipt of Mementos or Other Tokens Under the Prohibition Against the Receipt of Honoraria for Any Appearance, Speech, or Article
89.	Judges' Acceptance of Honors Funded Through Voluntary Contributions
90.	Judges' Duty to Inquire When Relatives May Be Members of Class Action
91.	Solicitation and Acceptance from Persons Doing Business With the Court of Funds to Defray Expenses of Conference for Improvement of the Law
92.	Political Activities Guidelines for Judicial Employees
93.	Extrajudicial Activities Under Canons 4 and 5
94.	Recusal Considerations When a Party Appearing Before a Judge (1) Is a Purchaser of Minerals in Which the Judge Owns a Fractional Royalty Interest or (2) Is the Lessee of a Mineral Estate Leased by the Judge
95.	Judges Acting in a Settlement Capacity
96.	Service as Fiduciary of an Estate or Trust
97.	Recusal Due to Appointment or Reappointment of a Magistrate Judge
98.	Gifts to Newly Appointed Judges
99.	Judge's Obligation to Recuse Where One Party's Attorney Is Involved in a Separate Class Action in Which the Judge or a Relative Is a Member of the Class
100.	Identifying Bankruptcy Parties for Purposes of Recusal
101.	Disqualification Due to Debt Interests
102.	Representation by the Department of Justice
103.	Recusal Considerations Arising from Harassing Claims Against Judges
104.	Court Historical Societies and Learning Centers
105.	Participation in Private Law-Related Training Programs
106.	Recusal Considerations Related to Judges' Ownership of Mutual or Common Investment Funds
107.	Judge's Recusal Due to a Spouse's Business Relationships

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CHAPTER IV. PUBLISHED ADVISORY OPINIONS

CHAPTER IV.
PUBLISHED ADVISORY OPINIONS