The Judicial Ethics Forum (JEF)

An Academic Discussion of Judicial Ethics, Discipline & Disqualification

The ABA Is Adjusting the Disqualification Rules After Caperton

Posted by judicialethicsforum on Wednesday, September, 26, 2012

The ABA’s standing committees on ethics and discipline are considering changes to the disqualification rule (2.11) of the Model Code of Judicial Conduct in light of Caperton and the problems of judicial campaign contributions and expenditures.  The possible revisions are pursuant to Resolution 107, which reads in relevant part:

That the Standing Committee on Ethics and Professional Responsibility and the Standing Committee on Professional Discipline should proceed on an expedited basis to consider what amendments, if any, should be made to the ABA Model Code of Judicial Conduct or to the ABA Model Rules of Professional Conduct to provide necessary additional guidance to the states on disclosure requirements and standards for judicial disqualification.

The committees have released their second draft of the proposed rule change, which omits several restrictions proposed in the first draft.  In response, Cindy Gray and the American Judicature Society proposed a stronger and more comprehensive rule in several respects.  That rule can be found on pages 18-19 of this document, which also contains the other commentary on the second draft.  The committees have kindly decided to post another draft for comment before the proposed rule goes to the House of Delegates next year.

UPDATE: The third draft is available here.  Comments are due by February 22, 2013.

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One Response to “The ABA Is Adjusting the Disqualification Rules After Caperton”

  1. Jack Navin said

    Without the very real and present threat of severe consequences for violating the codes, nothing will change.

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