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D. LAWYER AS JUDGE

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)

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D. LAWYER AS JUDGE

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  1. Mo Const. Art. 5 s. 24: Commission on Retirement, Removal and Discipline • 6 Members • 2 laypersons appointed by Gove • 2 lawyers appointed by MoBarBd 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 Missouri Judicial Discipline System D. LAWYER AS JUDGE

  2. Problem pp. 521-2 • (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?

  3. Problem p. 521-2 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)

  4. Problem p. 521-2 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)

  5. Problem pp. 521-2 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

  6. Problem pp. 521-2 c’t’d • (c) actions of C as sitting judge candidate for re-election • discriminatory club membership – Canon 2(C) – 1st 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?

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