Legal Principles Governing the Disqualification of Judges

(b) civic and charitable activities. A judge may participate in a nonprofit civil, charitable, educational, religious, or social organization and serve as an officer, director, trustee, or non-legal counsel of that organization, subject to the following restrictions: 28 U.S.C. Sec. 455 deals with the rejection of district judges and states in part: (F) government appointments. A judge may accept an appointment to a committee, commission or other government position only if the position relates to the law, legal system or administration of justice, or if the appointment of a judge is required by federal law. Under no circumstances should a judge accept such an appointment if his or her governmental duties undermine public confidence in the integrity, impartiality or independence of the judiciary. A judge may represent his or her country, state or place on ceremonial occasions or in historical, educational and cultural activities. (1) The judge shall conscientiously perform administrative tasks, maintain professional competence in the administration of justice and facilitate the exercise of the administrative functions of other judges and judicial officials. In accordance with this canon, a judge may encourage lawyers to provide pro bono legal services. (5) Exercise of right. A judge should not practise as a lawyer and should not represent the interests of a family member in any forum.

However, a judge may act pro se and give legal advice without remuneration and prepare or review documents for a family member. Unlike the President and Vice President of the United States and U.S. Senators and Representatives, U.S. federal judges are not elected representatives. They are appointed by the President and confirmed by the Senate pursuant to the nomination clause of Article Two of the United States Constitution. The Constitution gives federal judges a lifetime term, and they retain their seats until they die, resign, or impeach them. The duty of a judge under this Code and the duty of the judge as trustee may conflict. For example, a judge would have to resign as trustee if it is detrimental to the trust to assign interests whose maintenance would require frequent recusal of the judge in violation of Canon 4D(3). (a)in matters of law, order or the administration of justice; (1) Speaking, writing and teaching. A judge may speak, write, lecture, teach and participate in other activities relating to the law, the legal system and the administration of justice. (3) Once the judge can do so without serious financial disadvantage, he or she shall divest himself or herself of investments and other financial interests that may require frequent disqualification.

(3) Organizations. A judge may participate in a not-for-profit organization engaged in law, the legal system or the administration of justice and act as a member, officer, director, trustee or non-legal counsel of that organization and assist that organization in administering and investing funds. A judge can make recommendations to public and private funders on projects and programs related to law, the legal system and the administration of justice. The United States Code of Conduct for Judges contains ethical weapons that apply to federal judges and provides guidance for the performance of official duties and their participation in various outside activities. The consideration of court judgments and decisions depends on public confidence in the integrity and independence of judges. The integrity and independence of judges, in turn, depend on their ability to act without fear or favour. While judges must be independent, they must abide by the law and abide by the code. Respect for this responsibility helps maintain public confidence in the impartiality of the judiciary. Conversely, violating this code diminishes public confidence in the judiciary and undermines our system of government. A judge must be sensitive to a possible abuse of the prestige of his office.

A judge shall not initiate communications to a criminal judge or a probation or prison officer, but may provide information to such persons upon official request. Judges may participate in the judicial selection process by working with appointing authorities and review committees to obtain names for review, and by responding to formal requests for a person being considered for judicial office. On September 28, the Wall Street Journal`s investigative team found that 131 judges did not step aside in cases where they had a financial interest in holding shares of the parties involved. 2/3 of the cases ended with a judgment in favour of the party in which the judge held shares.