D. LAWYER AS JUDGEMissouri Judicial Discipline System

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) 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

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?

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)

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)

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

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?