|
|
Post by workdrone on Dec 5, 2007 2:05:11 GMT -5
Not sure which judicial cannon you're reading, since you're not citing any specific jurisdiction or providing any citation. IMHO, the easiest thing to do is to just call the judge(s) you want to use as references and get the judge's permission first before listing him or her. If there's a problem with the locality's judicial canon, I'm sure the judge(s) won't have a problem telling you. I don't think anyone should spend any significant amount of time researching this issue when a simple phone call or e-mail should suffice.
It just goes back to the basic principle to get permission before listing references.
|
|
|
|
Post by judicature on Dec 5, 2007 2:07:52 GMT -5
SSA requires only the following: "Name of at least 3 Federal, State or Municipal Court Judges that are familiar with your work ethic. You may include Administrative Law Judges."
I don't think any research is required - you are only asked to name the judges who are familiar with your work ethic. It is up to those individual judges to assess what they can or cannot say.
As a sitting state court judge, I can tell you that in my jurisdiction I would feel quite comfortable answering questions on the ethical suitability of candidates for judicial office.
|
|
|
|
Post by odarite on Dec 5, 2007 8:16:18 GMT -5
Here is the ABA model code for Judicial Conduct, which as you can see, clearly recognizes the ability, no - the need, for sitting judges to provide the kind of information requested here to "appointing authorities": [P.S. my state has adopted the model code and commentary verbatim]
Canon 2
A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE’S ACTIVITIES
...
B. A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. A judge shall not testify voluntarily as a character witness.
Commentary:
Maintaining the prestige of judicial office is essential to a system of government in which the judiciary functions independently of the executive and legislative branches. Respect for the judicial office facilitates the orderly conduct of legitimate judicial functions. Judges should distinguish between proper and improper use of the prestige of office in all of their activities. ...
A judge must avoid lending the prestige of judicial office for the advancement of the private interests of others. ....
Although a judge should be sensitive to possible abuse of the prestige of office, a judge may, based on the judge’s personal knowledge, serve as a reference or provide a letter of recommendation. ...
Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees seeking names for consideration, and by responding to official inquiries concerning a person being considered for a judgeship. ...
|
|
