The Judge's Ethical Duty to Report Misconduct By Other Judges and Lawyers and its Effect on Judicial Independence

34 Pages Posted: 28 Jun 2007

Abstract

This Article discusses the judge's ethical duty to report misconduct by other judges and lawyers and the effect of this duty on judicial independence. It examines the judicial duty to disclose, compares it to a lawyer's ethical duty to disclose, and surveys several issues of interpretation and application of the judicial ethical requirement including when the duty to report arises, what misconduct should or must be reported, and what actions or disciplinary measure are appropriate for the judge to pursue. In addition, it discusses exceptions to the duty to disclose and proposes modification of the existing ethical standard.

Keywords: ethics, code of judicial conduct

JEL Classification: K4, K00

Suggested Citation

Abramson, Leslie W., The Judge's Ethical Duty to Report Misconduct By Other Judges and Lawyers and its Effect on Judicial Independence. Hofstra Law Review, Vol. 25, No. 751, 1997. Available at SSRN: https://ssrn.com/abstract=996490

Leslie W. Abramson (Contact Author)

Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

HOME PAGE: http://www.law.louisville.edu/

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