A judge shall hear and decide all matters assigned to the judge except those in which the judge is disqualified
What are Canons 3B(1) or CCP 170 (the statutory basis for the Canon)?
Any communication to/from judicial officer outside the presence of the parties concerning a pending or impending proceeding
What is an ex parte communication?
Yelp, Trip Advisor, Angi
What are Product/Service review social network platforms?
A judge “shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity….”
What is Canon 3B(4)?
What all judges should have readily available on the bench when and if bad behavior erupts in the courtroom
What is the Direct Contempt Checklist?
A judge shall disclose information that is reasonably relevant to the question of disqualification under CCP §170.1, even if the judge believes there is no actual basis for DQ
What's Canon 3E(2)(a)?
The bailiff approaches the bench and tells you the defendant’s AA report must be forged because the signatures look too uniform
What is improper ex parte communication?
Post, Re-post, Share, Like
😀💗😡😂😢😲
What are ways to comment/communicate online via social media?
Rolling your eyes, telling counsel to "shut-up," referring to a Plaintiff as a "snowflake," and telling a Plaintiff to "litigate like a grown-up"
What is improper demeanor that led to discipline?
Contemptuous conduct must have occurred in the “immediate view and presence of the court.”
What is direct contempt?
Not recusing from proceedings where the judge had personal social relationship (including social media connection) with attorney and not fully disclosing the extent of the personal relationship with the attorney
What is the basis for a CJP advisory letter?
Searching the court's case management system for substantive case information
What independent investigation that may be prohibited by Canon 3B(7) depending upon the context?
The largest social networking site with close to 2 Billion Active Users. 1 in every 10 people on earth use this.
What is Facebook?
Likening litigants to "pigs in the trough, fighting," comparing a dispute to a "Jerry Springer case," and unnecessarily requiring self represented litigants insert "Your Honor" into statements where no personal address was needed
What is poor demeanor in violation of Canons 2A and 3B(4)?
Requirement before holding someone in contempt for insulting behavior based on a person’s tone of voice, Physical manner (ie, rolling of eyes), or by mode of dress
What is a warning?
1. Selecting another judge themselves.
2. Personally assigning another judge to preside over a hearing.
3. Observing proceedings from the well after being DQ
What are things a judicial officer cannot do after DQ?
Calling a probation officer re: a sentencing recommendation or information in a probation report
What is prohibited ex parte communication because probation officers are not considered court personnel with whom a judicial officer may communicate ex parte?
FB post taken from 2018 Public Censure of Former Comm. Joseph Gianquinto.
Implicates: Canon 1, Canon 2, Canon 2A, Canon 4A, & Canon 5
Making disparaging remarks about another judge to a court commissioner that were heard by other judges
What is a violation of Canons 2A and 4A(2) that led to a public admonishment?
What must always be part of a valid imposition of contempt sanctions?
What is a written order?
1. Maintain jurisdiction pending assignment.
2. Request judge agreed upon by the parties.
3. Set proceedings for trial or hearing.
4. Conduct settlement conferences.
What are 4 of the 6 things judicial officers may do even if disqualified?
Judicial officers talking to each other about cases
What is potentially improper ex parte communication depends on what is discussed and the context?
Reason that Judge Jeffrey Ferguson was publicly admonished by the CJP in 2016
What is failure to disclose being FB “friends” with attorneys who had cases pending before him. Or Inappropriate by a Judicial communications on FB.
*Judge Ferguson is currently pending criminal charges….so reminder, don’t discuss his current criminal case.
On the bench in street clothes before calling calendar casually discussing politics with counsel, including sharing personal political views and expressing dislike for the Governor
What is a violation of Canons 2, 2A, and 5 that was a part of public discipline?
The type of contempt when Attorney John B. Lax fails to appear in court for the tenth time
What is hybrid contempt?
(Conduct that takes place in the immediate view and presence of the court but also includes conduct that occurs outside of the courtroom)