Judges in Street Clothes: Acting Ethically Off-the-Bench (Table of Contents and Preface)
Fairleigh Dickinson University Press, Rowman & Littlefield (2017)
7 Pages Posted: 9 Sep 2017
Date Written: August 1, 2017
This book examines the ethical rules governing one aspect of a judge’s off-bench life — the charitable, educational, religious, fraternal, civic, and law-related activities of a judge. The analysis details the circumstances leading to the adoption of the first ABA model judicial code in 1924 and the evolution of the rules governing the extrajudicial activities of judges over the next ninety-three years.
The limits placed on off-bench activity are then evaluated against the public interests routinely invoked by the State to justify imposing restrictions on a judge’s personal life including:
(1) safeguarding judicial independence, integrity, and impartiality;
(2) ensuring the proper performance of judicial duties;
(3) protecting against the misuse of judicial power and prestige; and
(4) preventing separation of powers conflicts.
This evaluation includes an in-depth study of how state and federal jurisdictions have interpreted and applied the rules that limit a judge’s off-bench law-related, educational, religious, charitable, fraternal, and civic endeavors. Finally, the book addresses an issue often ignored by courts, judicial disciplinary bodies, and judicial ethics advisory committees — the extent to which judicial code restrictions on non-political extrajudicial speech and conduct can survive First Amendment scrutiny.
Keywords: judges, judicial ethics, judicial conduct, ABA Model Code of Judicial Conduct, First Amendment
JEL Classification: K10, K40
Suggested Citation: Suggested Citation