MPRE

PROFESSIONAL RESPONSIBILITY OUTLINE

I. How does the bar regulate attorneys?
A. Who regulates?
1. States regulate all aspects of the practice of law.
2. Attorneys have an ethical obligation to aid in regulating lawyers.
The Model Rules (MR) state that a if a lawyer KNOWS or REASONABLY SHOULD KNOW a lawyer or
judge has made a serious violation (i.e., raises a substantial question of honesty, trustworthiness or fitness),
the lawyer has an affirmative duty to report it.
B. Who may practice law in a state?
1. A state may restrict the practice of law to those who are members of the bar of that
state.
2. What are the permissible standards for admission to a states bar?
Any standard must bear a RATIONAL RELATIONSHIP for fitness to practice law.
(a) Educational and testing qualifications are allowed.
(b) Citizenship qualifications are not allowed a state cannot deny non-U.S. citizens admission to
the bar OR cannot deny citizens of OTHER states admission to the bar.
(c) States can limit admission to those with good moral character. Can deny admission for acts of
moral turpitude (lying, stealing, fraud).
(d) Cannot deny admission because of political beliefs.
a. Exceptions:
i. May deny for refusal to swear/pledge allegiance to constitutional laws of the U.S.
ii. May deny to those who actively affiliate with organizations knowing of their
illegal objectives and with the specific intent of furthering their illegal objectives.
(e) May deny admission for refusal to answer valid bar questions or for making false statements.
C. The bar has the duty to prevent the unauthorized practice of law.
1. What is the unauthorized practice of law?
(a) Only an attorney can appear in court.
Exceptions:
i. Pro se / pro per An individual may represent themselves in court,
but a corporation must ALWAYS be represented by a lawyer in
court. For example, an officer or employee of the corporation
cannot appear pro se. ??
ii. Law Students may appear in court in accordance with state
student procedural rules.
iii. A lawyer can help a non-lawyer appear pro se, but they cannot help
a non-lawyer represent somebody else.
(b) Only an attorney can draft legal documents.
Exception:
i.
A non-lawyer may draft a legal document for himself (like a will or
contract)
ii.
A non-lawyer can fill in a form drafted by a lawyer.
(c) Only an attorney can give legal advice.

Common sense if its the kind of advice traditionally given only by lawyers, than its not OK.
2. What are the responsibilities of an attorney in preventing the unauthorized
practice of law?
(a) An attorney cannot aid a non-lawyer in activities that constitute the unauthorized practice of law.
(b) Cannot practice in jurisdictions where they are not admitted, UNLESS they get permission of the
court (pro hoc vici) and affiliate with another lawyer in that state. NEW if lawyer is doing work
where pro hoc vici is not available, then its OK to do work that arises out of work they are doing (or
if its a corporation, and its work that affects other states, thats OK, too). ??
(c) Cannot share legal fees with non-lawyers this is unauthorized practice of law.
a. Exceptions
i. Payments to employees
ii. Payments to estates of deceased attorneys
iii. Court-awarded attorneys fees can be shared with a non-profit organization.
(d) Cannot enter into a partnership with a non-attorney if any part of the partnerships business involves
the practice of LAW.
D. How can the bar ensure compliance with its rules?
1. Attorney conduct which can give rise to discipline:
(a) Violation of a Disciplinary Rule
(b) Criminal acts reflecting adversely on an attorneys honesty or trustworthiness (personal income
taxes).
(c) Conduct involving dishonesty, fraud or deceit (even if not criminal).
(d) Conduct which is prejudicial to the administration of justice (if an attorney attempts to
improperly influence a tribunal) even if they only state the ability to do this (the fix is in), even if its
totally made up.
2. Duty to make reasonable efforts to supervise subordinates and make sure subordinate lawyers
comply with codes of professional responsibility.
3. Duty to make independent judgments.
No defense to say I was just following orders, but an attorney may follow instructions from a
supervisor on debatable ethics questions, so long as the conduct is reasonable.
4. Responsibility for ethical violations of another attorney.
(a) If a lawyer orders or ratifies unethical behavior by another lawyer or
(b) If a lawyer in a supervisory position knows a subordinate has violated the rules and they do not act, its
impermissible.
II. How is the formulation and ending of the attorney-client relationship regulated?
A. What is the attorneys duty to accept representation?
1. General rule: No duty to accept representation.
2. Exception: Duty to accept if court appointed, but only in limited circumstances:
(a) If representing the client is likely to result in violation of law or disciplinary rules you can
say no.
(b) If representing the client would impose an unreasonable financial burden on the attorney.
(c) If the case is so repugnant to the lawyer it would interfere with effective representation.
B. What is the attorneys duty to reject representation?
1. Representation which will result in violation of the law or a disciplinary rule.

2. Representation which will require filing a frivolous claim BUT, its not deemed frivolous if
attorney thinks a good-faith effort can be made to change the law.
3. If the attorney is not competent to handle the matter. BUT can do it if attorney believes, with
adequate study, he can become competent OR attorney is going to retain co-counsel on the parts of
the case where he is not competent OR in an emergency the attorney can take the case where
reasonably necessary to protect the client.
C. When must or may an attorney withdraw from representation?
NOTE: Once a matter is in litigation, withdrawal requires COURT PERMISSION (even in situations
where withdrawal is REQUIRED).
Early in litigation it will take A LOT to convince the court to allow a withdrawal later on, it will
still be hard, but the court will balance the reasons v. hardship of the parties.
1. Circumstances where the attorney MUST withdraw (mandatory):
(a) It is obvious the clients primary purpose it to harass or delay.
(b) When representation will require violation of a disciplinary rule just because the client ASKS
you to do something illegal is not enough.
(c) Attorneys mental/physical health makes it unreasonably difficult for effective representation.
(d) When client fires the attorney (remember, lawyer must seek PERMISSION from the court to
withdraw once litigation has begun).
2. Circumstances where the attorney MAY withdraw (not mandatory):
(a) When client pursues a course of action the attorney believes is criminal or fraudulent, MAY
withdraw.
(b) Client has used attorneys services to perpetrate a crime or fraud.
(c) Client insists on pursuing an objective the attorney regards as repugnant or imprudent.
(d) Client disregards an agreement regarding fees or expenses (attorney must give reasonable
warning).
(e) Representation will result in unreasonable financial burden to attorney or has been rendered
unreasonably difficult by the client.
(f) If client freely agrees.
3. Requirements when an attorney withdraws:
(a) Attorney must give client timely notice and an opportunity to get another attorney.
(b) Attorney must return to client all funds not used or expended
(c) Attorney must return all of the clients files (cant wait until they pay the bill).
III.
What are the attorneys duties to the client?
A. Duty to avoid conflicts of interest (most tested area): Duty of Loyalty (cant conflict w/other clients,
past clients, any other interest).
1. General rules
a. An attorney may not represent a client if the representation of the client may be materially
limited by the lawyers responsibilities to another client, or to a third person, or by the lawyers own
interests, unless:
i) the lawyer reasonably believes that the representation will not
be adversely affected; and
ii) the client consents. (This is not enough, you also need i).
The new MR says must be informed consent attorney conveys necessary information and explains
alternatives to client (written consent is much more the norm now).

b. If one attorney in an office is disqualified, all attorneys in the office are disqualified. This
is the Rule of Imputed Disqualification.
No screening for regular attorneys??? Thats what it sounds like.
Exception Former government lawyers or Judges does not require disqualification of entire
office IF:
1. They are screened from any participation in the matter
2. Former govt. lawyer/Judge is apportioned NO part of the fee.
3. Written notice is given to the former govt. agency or tribunal.
2. Conflicts among current clients
(a) Attorney cannot sue a current client even in an unrelated matter.
(b) Atty. MAY represent multiple parties in a lawsuit as long as the attorney can represent all parties
effectively and ALL give informed consent (doesnt have to be in writing).
(c) Attorney representing multiple parties shall not participate in an aggregate settlement or guilty
plea unless each client consents IN WRITING after being informed of all of the agreements.
(d) Lawyer may act as a neutral 3rd party but he must explain that role, especially to unrepresented
individuals (can serve as a mediator/arbitrator as long as they know what it means).
(e) Can provide evaluations for other than the client, as long as its consistent with duties of the
client.
3. Conflicts between an attorneys interests and a clients interests
Rule of Imputed Disqualification does not apply here.
(a) Atty. shall not solicit a substantial gift from a client or prepare an instrument giving a lawyer
a substantial gift. Also includes if a lawyers family member is a significant beneficiary.
BUT, its OK if a lawyer is preparing a document for family members.
(b) Lawyer should not give financial assistance to a client in connection with pending litigation
(this is a strict rule).
i. EXCEPTION may pay or advance court costs or expenses for litigation for indigent
clients (like filing feesnot OK for rent or food).
(c) Business deals between lawyers/clients always looked at with great suspiciononly if all of
these are met is it OK:
i. Terms of transaction must be fair and reasonable.
ii. Terms must be disclosed in writing in a manner the client can reasonably understand.
iii. Client is advised in writing to seek the opinion of another attorney and given a
reasonable chance to do so.
iv. Client consents in writing.
(d) Prior to completion of representation, an attorney cannot acquire literary or media rights to
clients stories.
(e) Attorney cannot acquire a proprietary interest in the cause of action or subject of the
litigation.
i. EXCEPTION (a) A lien to secure attorneys fees or expenses
(b) A contract for reasonable contingency fee
(f) Atty. shall not have a sexual relationship with client unless it existed BEFORE the relationship
commenced.
(g) Atty. shall not act as both an advocate and a witness in the same trial.
i. EXCEPTION (a) Testimony relates to an uncontested issue
(b) Testimony relates to nature or value of legal
services provided.
(c) Disqualification of lawyer would cause
substantial hardship to the client.

4. Organizations and Representation

(a) In representing a corporation, the client IS the entity not its directors officers, shareholders.
(b) If attorneys representation of a client is paid for by someone OTHER than the client, client must
consent and representation must not be interfered with. (Consent does not have to be in writing here).
(c) Dealing with an organizations officers, directors or employees, the attorney shall explain the
identity of the client (who the client is) where the attorney knows or should know that the
organizations interest may conflict with an individuals interest.
(d) Atty. may represent an entity or individual if all consent (no writing required).
(e) If atty. for the entity believes the entity is violating the law, the atty. shall act as reasonably
necessary to protect the organization.
i. Ask for them to reconsider the matter
ii. Ask for a separate legal opinion
iii. Refer the matter to a higher authority within the organization cannot go outside the
entity.
5. Conflicts with Past Clients
(a) Atty. shall not be materially adverse to a former client if the current matter is substantially related
to the prior matter.
(b) Lawyer shall not be adverse to a former client if they have acquired confidential information that
is material to the current representation.
NOTE: Client consent must be IN WRITING to waive (a) or (b).
B. Duty of Competence
1. Atty. has the duty to represent the client competently and with reasonable diligence and
promptness.
2. An attorney is subject to discipline for attempting to contractually limit malpractice liability.
* Only if client is represented by another lawyer for purposes of that agreement will it be OK.
3. An attorney cannot settle malpractice claims without advising the client in writing to see another
attorney.
C. Duty to Follow Clients Instructions
1. General rule: The client controls the ENDS (objectives), attorney controls the MEANS
(techniques).
2. The client controls the following:
a. Whether to sue in civil cases
b. Whether to accept a settlement in civil cases or
whether to plead guilty in criminal cases
c. Whether to waive a jury trial in criminal cases
d. Whether to testify in criminal cases
e. Whether to appeal
For all of the above, the lawyer is required to follow the clients instructions.
3. Duty to keep the client reasonably informed reasonably consult with client, but not required to
follow clients instructions, except for a-e above.
4. An attorney may limit the objectives of representation if the client consents.
5. Representing a client with Disabilities.
When an atty. represents a client with disabilities, (can be mental), the atty. shall maintain a normal
atty./client relationship as much as possible. They atty. may seek the appointment of a guardian if they

believe the client cant protect his own interests. *Here, the attorney can reveal confidential information in
getting the guardian appointed.
D. Duty to Protect Client Confidences
1. What information is protected as confidential?
ANY information the attorney learns relating to the representation has to be kept confidential, this
includes info. they learn from the client or from others. Includes a client or person seeking
representation from a lawyer.
2. What duties does an attorney have with regard to confidential information?
Atty. cant reveal information or use it to clients detriment.
3. What are the exceptions to the Duty of Confidentiality?
a. Waiver Client can waive confidentiality, but need informed
consent (doesnt have to be in writing).
b. Future Crimes Atty. MAY reveal information to prevent reasonably
certain death or substantial bodily harm (this is permissive, not
mandatory).
c. Self-Defense May disclose to defend a claim OR defend against
disciplinary matters.
d. To secure legal advise regarding the lawyers compliance with the rules
e. To comply with other laws or a court order.
4. How should an attorney handle the Fruits and Instrumentalities of a Crime?
(Money, weapons, etc.)
Dont take it! If you do come in contact with it, you cant keep it, hide it or alter it. You have to turn
it over to the police, but in a way least likely to incriminate the client. (Dont say where it came
from).
5. How should an attorney deal with Knowledge that a Client will or has committed perjury?
3-Step Process:
1. Urge client to rectify the fraud If they refuse
2. Lawyer should seek to withdraw If they cant withdra
3. Lawyer shall reveal the fraud to the court EVEN if it means revealing
confidential information.
IV.

How is the Integrity of the System Protected?

A. Duty to Prevent Abuse of the System

1. An attorney shall not bring or defend a proceeding or assert or controvert an issue unless the
attorney believes that there is a basis for doing so that is not frivolous.
2. An attorney shall make reasonable efforts to expedite litigation consistent with the interests of the
client.
3. An attorney shall not seek to influence a judge or a jury in a manner prohibited by law.
4. An attorney shall not engage in conduct intended to disrupt a tribunal.
B. Duty of Candor to a Tribunal

1. An attorney shall not make a false statement of material fact or law to a tribunal.
Cant lie to the court. Must correct a false statement if they discover later that it was wrong.
2. An attorney shall not fail to disclose a material fact when disclosure is necessary to avoid assisting
a criminal or fraudulent act by the client.
* Applies only to adjudicatory proceedings.
* If client is engaged in fraud or criminal act related to that proceeding.
* Lawyer must take remedial steps, including disclosing confidential info.
3. An attorney shall not offer evidence that the lawyer knows to be false.
* Must correct false evidence even if its from clients own testimony.
4. An attorney shall disclose adverse legal authority that is on point and is from
the controlling jurisdiction.
(Viewed from the perspective of the Reasonable Lawyer).
5. In ex parte proceedings, the attorney shall inform the tribunal of all
material facts.
C. Fairness to Opposing Party
1. An attorney shall not obstruct another persons access to evidence or unlawfully alter, destroy, or
conceal a document or other material having potential evidentiary value.
2. An attorney shall not falsify evidence or counsel a witness to testify falsely.
3. Shall not Make a frivolous discovery request or fail to comply with discovery in good faith.
4. Shall not Make a false statement of material fact or law to a third party (cant lie).
5. NEW A lawyer who receives a document relating to the representation of a client, and knows or
reasonably should know the document was inadvertently sent, shall promptly notify the sender. (But
you dont have to return it).
D. Trial Tactics
1. An attorney shall not allude to any matter that is not supported by admissible evidence.
2. An attorney shall not assert personal knowledge about the justness of a cause or personal
knowledge of facts, except when testifying as a witness (Vouching).
3. Special Duties of Prosecutors:
a Only proceed when there is probably cause.
b Make timely disclosure of all potentially exculpatory evidence, including evidence that might be
mitigating in sentencing.
c Make sure an accused has been advised to the right of counsel and given a reasonable opportunity
to obtain counsel.
d Not to seek a waiver of rights from an unrepresented individuals (unless they refused counsel).
e Not to subpoena another lawyer before a grand jury UNLESS:
1. Prosecution believes information sought from the atty. isnt
confidential.
2. Evidence is essential to the successful completion of proceedings.
3. No alternative source for the information.
f Prosecution shall not make public statements that have a substantial likelihood of making
someone guilty / heighten public condemnation. Also, keep subordinates from doing this. (Like
holding press conferences).

E. Voluntary Pro Bono Work Have to provide legal services for those unable to pay.
1. An attorney shall aspire to perform at least 50 hours of pro bono service per year. (Used to be
mandatory, not anymore).
2. An attorney may serve as an officer, director or member of a legal services organization, even if it
has interests adverse to the lawyers clients.
F. Attorney as Advisor
1. An atty. shall not counsel a client to engage, or assist client, in conduct that the lawyer knows to be
criminal or fraudulent.
2.

However, an atty. may discuss the legal consequences of any proposed course of conduct
with a client and may assist a client to determine the meaning and application of the law.

3. An attorney shall give candid advice and may refer not only to the law, but also to moral,
economic, social, and political considerations.
G. What is the Permissible Nature of Other than Clients?
1. Communications with Adversaries
(a) Shall not communicate directly with a person who the lawyer knows to be represented by an
attorney, UNLESS the other lawyer consents or its permitted by court order.
(b) Can communicate w/unrepresented parties, but cant give legal advice or represent that he/she is
disinterested.
2. Communications with Witnesses
(a) Atty. may contact all witnesses, even witnesses for an opposing party.
(b) Atty. may not harass any witnesses.
(c) Atty. may not encourage a witness to leave the jurisdiction to avoid testifying.
(d) An expert witness may be paid a reasonable fee in addition to expenses, but not witness can be
paid on a contingency fee basis.
3. Communications with Jurors
(a) Before trial, no communication is allowed w/a member of a panel in which the jury may be
selected. They can investigate potential jurors though.
(b) During trial no communication is allowed with jurors outside official court proceedings.
(c) After trial atty. can speak to a juror, unless prohibited by law, or unless juror doesnt want to be
talked to (+ no harassment).
4. Communications with the Court
(a) Ex parte are allowed only in emergency situations. (This means communications where the other
side is not present).
(b) Ex parte communications must be disclosed ASAP to the other side (no gifts to court personnel).
5. Communications with the Press
(a) Attys. cant make statements that are reasonably likely to be publicly disseminated.
(b) Cant make statements where theres a substantial likelihood of materially prejudicing an
adjudicatory proceeding.

V.

How Should the Market for Legal Services be Regulated?

A. Advertising and Solicitation
1. Attorneys must not make False or Misleading Statements.
You may say you practice or dont practice in a certain field, but you can only say they are certified in
a specialization only if they are certified by an accredited institution that is identified in the ad.
2. Solicitation
(a) Attorney in-person solicitation of clients is prohibited.
Face to face and live phone or real-time electronic communications.
EXCEPTIONS You CAN solicit other lawyers.
You CAN solicit family members or close personal
relationships.
You CAN solicit prior professional relationships.
(b) Attorney shall not solicit if prospective client makes it known
that he or she does not want to be solicited.
Every solicitation in the mail must say on the envelope Advertising
Material. Electronic solicitations at the beginning and the end has to say
Advertising Material.
3. Advertising
Allowed so long as it is not false or deceptive.

B. How may the Practice of Law be Structured?

1. Names of Law Firms
(a) Attys. can use names of deceased attorneys, as long as its not deceptive to do so.
(b) Attys. must remove name from firm if they go into public service.
(c) Trade Names allowed, so long as no implied false connection to government or legal services.
2. Firms may incorporate if state law permits it, all officers, directors, and
shareholders must be attorneys.
3. Buying and Selling Law Firms
(a) Seller must stop practicing in that geographic or practice area.
(b) Firm or area of practice must be sold in its entirety.
(c) Written notice must be given to clients of the proposed sales of their ability to see another lawyer.
(d) No immediate increase in fees is allowed.
C. Fees
1. Fees and terms should be set as soon as possible in the course of representation, preferably in
writing.
2. A lawyers fee must be reasonable.
Factors: Time and Skill Required; Extent of Preclusion of other legal work; Fee
customarily charged for like work in the community; Amount charged;
Experience of the Lawyer.
3. Contingency Fees

(a)
(b)
(c)
(d)

Must be in writing
Atty. must notify the client of expenses that the client will be responsible for.
Not allowed in criminal cases
Cant take domestic relations cases if fee is contingent on securing a divorce,
amount of alimony or a property settlement.

4. Fee Splitting with Other Attorneys

This is permissible IF:
(a) Total fee is reasonable
(b) Client is advised and does not object to the participation of all the lawyers
(c) Fee must be proportionate to how the work was done or if its not, must be written agreement of
client to deviate from that.
5. Attorneys shall not enter into agreements that restrict the ability of lawyers to practice after the
termination of their employment.
(Covenants not to compete are not agree in law).
D. What is the Attorneys Duty to Protect the Clients Money or Property?
1. An attorney must not commingle client funds and personal funds.
Keep $ is a client trust accountcan only spend it for those reasons. Only time the attorney can put
their own funds in the client trust account is for the purpose of paying bank service charges and only
the exact amount necessary.
2. An attorney must keep a record of client funds for at least five years after
representation.
3. An attorney must keep a clients property safely.
4. An attorney must pay all money owed to the client promptly.
If theres a dispute, the lawyer has to pay undisputed $ to the client the amount in dispute is kept in
trust until the dispute is resolved.
VI. What are the Ethical Standards for Judges?
A. When are Judges Disqualified?
Judges must avoid even the appearance of impropriety.
1. If the judge has personal knowledge of disputed evidentiary facts (like he witnessed an auto
accident).
2. If the Judge served as a lawyer in the matter in controversy includes all matters handled by
Judges office before he went on the bench if it was handled at that time (when they were a
lawyer at a firm).
3. If the Judge has a Financial Interest in the Case.
Includes spouses, children, family members living in Judges home, parents. Must be a legal or
equitable interest (distinct from the rest of the population)cant have a case regarding a
company he has stock in, but could if its a utility increase. (Blind Trusts are excluded).
4. If the Judge or a Family Member is Involved in the Case. (A Family Member is defined as any
relative other than a cousin).
(a) A lawyer in the proceeding.

(b) A party or officers, directors or trustee of a party.

(c) Is likely to be a material witness.
(d) Has more than a diminimus interest that can be substantially affected.
5. Exceptions to Disqualification: Can participate if:
(a) Remittal Consenting parties allow Judge to participate.
i. Judge must disclose on the record the basis for disqualification and
ii.
All parties must voluntarily agree to allow the judge to
participate and
iii. Consent must be on the record.
(b) Rule of Necessity If every Judge in the jurisdiction is disqualified for the same reason,
any Judge can hear the case.
B. What Conduct While Serving as a Judge is Appropriate?
1. A Judge shall comply with all constitutional, statutory and procedural law.
2. A Judge shall required order and decorum in court proceedings.
3. A Judge shall be patient, dignified, and courteous.
4. A Judge shall perform judicial duties without bias or prejudice.
5. A Judge shall not engage in ex parte communications (only allowed if an emergency situation,
with disclosure ASAP).
6. A Judge shall avoid and shall require attorneys to avoid expressing bias based on race, national
origin, religion, gender, age, disability, sexual orientation, or socio-economic status.
7. A Judge shall dispose of all judicial matters promptly, efficiently, and fairly.
8. A Judge shall not commend or criticize jurors for their verdict, except in a court order or
opinion.
9. A Judge shall not disclose or use any nonpublic information gained in a judicial capacity.
10. A Judge shall not make comments about any pending proceeding that can be reasonably
expected to affect its outcome. (Applies even to cases in other courts).
C. What Off-the-Bench Conduct by Judges is Appropriate?
1. Judges are not allowed to engage in the practice of law.
(a) Cannot serve as arbitrators or mediators except in cases before them in their court.
(b) Cant serve on govt. commissions other than those dedicated to improvement of the legal system.
2. Judges are not allowed to serve as fiduciaries.
Cant serve as executors, administrators, trustees or guardians.
Exception: May do this for a member of immediate family, if the matter is not likely to come before
its own court.

3. Judges may serve in a charitable or civic organization so long as it does not reflect adversely on the
judges impartiality.
(a) Organization must not be for the financial or political gain of its members.
(b) Judge shall not participate in fundraising or membership solicitation or use his office to do so.
(c) Judge cant participate if its likely the organization will be involved in litigation that might come
before its court.
4. A Judge shall not hold membership in any organization that practices invidious discrimination
based on race, sex, religion or national origin.
5. A Judge shall not appear as a character witness unless subpoenaed.
6. Judges shall not engage in financial transactions that risk a conflict of interest.
(a) They may hold or manage investments for themselves or family members.
(b) A Judge shall not serve as an officer, director or any other capacity except for a close corporation
held by Judges family.
7. A Judge shall not accept and urge family members to accept gifts from those
likely to appear before the Judge.
(a) Gifts incident to public testimonials or from law book publishers are allowed.
(b) Ordinary social hospitality is allowed (must avoid appearance of impropriety).
(c) *May receive a loan from a lending institution that is in the regular course of business of loaning
money, so long as the terms are the same that are available to non-Judges. (In other words, a
Judge can get a mortgage, just as long as the terms are not more favorable to him or her).
8. Judges may receive compensation for their non-judicial conduct, where permitted (like law
professors).
9. A Judge shall comply with the law in all of his or her activities.
D. What Political Activities by Judges or Judicial Candidates are Permissible?
1. Judges and candidates for judicial office may not:
i. Hold office in any political organization
ii. Publicly endorse or oppose a candidate
iii. Make speeches on behalf of a political organization
iv. Attend political gatherings
v. *Solicit funds or make contributions or buy tickets to political events
2. Judges must resign from the bench if running for non-judicial office.
Exception if running to be a delegate to a constitutional convention.
3. In campaigning for election or retention to the bench, a Judge shall not:
i. Personally solicit or receive funds (but can create a committee to do it).
ii. Make pledges or promises of conduct in office
iii. Knowingly misrepresent own qualifications or facts concerning an opponent