Judges in Street Clothes

Acting Ethically Off-the-Bench

Raymond J. McKoski

To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings.

From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater?

Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.

University Press Copublishing Division / Fairleigh Dickinson University Press

Pages: 328 • Trim: 6 x 8¾

978-1-61147-922-5 • Hardback • July 2017 • $122.00 • (£94.00)

978-1-61147-924-9 • Paperback • May 2019 • $44.99 • (£35.00)

978-1-61147-923-2 • eBook • July 2017 • $42.50 • (£33.00)

Series: The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities

Subjects: Law / Ethics & Professional Responsibility, Law / General, Philosophy / General

Judges in Street Clothes

Acting Ethically Off-the-Bench

Hardback

Paperback

eBook

Summary

To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings.

From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater?

Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.

Details

University Press Copublishing Division / Fairleigh Dickinson University Press

Pages: 328 • Trim: 6 x 8¾

978-1-61147-922-5 • Hardback • July 2017 • $122.00 • (£94.00)

978-1-61147-924-9 • Paperback • May 2019 • $44.99 • (£35.00)

978-1-61147-923-2 • eBook • July 2017 • $42.50 • (£33.00)

Series: The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities

Subjects: Law / Ethics & Professional Responsibility, Law / General, Philosophy / General

Author

Raymond J. McKoski is an adjunct professor at The John Marshall Law School and retired Illinois Circuit Court Judge.

Table of Contents

Preface
1Preliminary Considerations
2The State’s Interests in Restricting Extrajudicial Activities
3The Evolution of Restrictions on the Extrajudicial Activities of Judges
4Restrictions on the Law-Related, Educational, Religious, Charitable, Fraternal, and Civic Activities of Judges
5Extrajudicial Activities and the First Amendment
Index
About the Author

Reviews

Because the public must trust the fairness of the judicial system and because judges symbolize that system, they are required to behave ethically in their private lives. Since 1924, the American Bar Association has created four model codes of ethics, and every state now has a code based on one or another of them. Enforcement, typically by an appellate court, a disciplinary commission, or both, involves investigations, hearings, rulings, and written opinions justifying the rulings. McKoski, a retired Illinois circuit court judge who teaches at John Marshall Law School, mines the mass of accumulated documents and case law to present a systematic and comprehensive picture of what judges can ethically do in their off-duty hours. It covers family relationships, organization memberships, financial dealings, and much more. McKoski is thorough. Like most treatises, his book will be most valuable as a reference book…. Because regulating private behavior often involves limiting private rights—keeping a judge from joining a disreputable organization, for example, raises First Amendment issues—the book may have classroom utility in civil liberties courses. Summing Up: Highly recommended. Graduate students through professionals.
— Choice Reviews

This exemplary contribution to the literature on judicial ethics fills a substantial void on the issue of extrajudicial activities that will be of immense value to judges and those scrutinizing them, including members of judicial disciplinary commissions, advisory panels, attorneys, and anyone interested in the issue of judicial ethics.
— Legal Information Buyer's Guide and Reference Manual (2018)

Judges in Street Clothes

Acting Ethically Off-the-Bench

Raymond J. McKoski

Judges in Street Clothes

Acting Ethically Off-the-Bench

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