Opinion 48
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-2.1 Giving Precedence to the Duties of Judicial Office; and 2 2.2 Impartiality and Fairness.)
Issue:
May a judge sign restraining orders and injunctions, set and revoke bail, sign arrest warrants, arraign criminal defendants, and perform other judicial acts at any time and in any place within the judge’s jurisdiction?
Discussion:
Supreme Court Rule 2, Canon 3A(5) states “a judge should dispose promptly of the business of the court.” Further, the commentary to that canon states “prompt disposition of the court’s business requires a judge to devote adequate time to his duties, to be punctual in attending court and expeditious in determining matters under submission…” It is clear, therefore, that the Code of Judicial Conduct favors a prompt disposition of the business of the court. Accordingly, the judge should maintain regular office hours at the courthouse and be available to lawyers, litigants, and the public.
Additionally, Supreme Court Rule 2, Canon 3(A)(4) states: “a judge should accord to every person who is legally interested in a proceeding, or his lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding.”
Clearly, the restriction against ex parte discussions applies to judicial acts performed both in the courtroom during office hours and outside the courthouse.
It is the Commission’s opinion that if the judicial act in question is authorized by law to be performed in camera then there is no ethical restriction as to when and where the judge performs the act. However, allowed the judge to dispose of the business of court outside the courtroom does not free the judge of his obligation to maintain regular office hours and to be available to lawyers and the public. Accordingly, it is the opinion of the Commission that the business of the court should be done in the courtroom except in emergency circumstances.
(Dated: October 2, 1980)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 48
OPINION 48
Issue:
May a judge sign restraining orders and injunctions, set and revoke bail, sign arrest warrants, arraign criminal defendants, and perform other judicial acts at any time and in any place within the judge’s jurisdiction?
Discussion:
Supreme Court Rule 2, Canon 3A(5) states “a judge should dispose promptly of the business of the court.” Further, the commentary to that canon states “prompt disposition of the court’s business requires a judge to devote adequate time to his duties, to be punctual in attending court and expeditious in determining matters under submission…” It is clear, therefore, that the Code of Judicial Conduct favors a prompt disposition of the business of the court. Accordingly, the judge should maintain regular office hours at the courthouse and be available to lawyers, litigants, and the public.
Additionally, Supreme Court Rule 2, Canon 3(A)(4) states: “a judge should accord to every person who is legally interested in a proceeding, or his lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding.”
Clearly, the restriction against ex parte discussions applies to judicial acts performed both in the courtroom during office hours and outside the courthouse.
It is the Commission’s opinion that if the judicial act in question is authorized by law to be performed in camera then there is no ethical restriction as to when and where the judge performs the act. However, allowed the judge to dispose of the business of court outside the courtroom does not free the judge of his obligation to maintain regular office hours and to be available to lawyers and the public. Accordingly, it is the opinion of the Commission that the business of the court should be done in the courtroom except in emergency circumstances.
(Dated: October 2, 1980)