Judicial Ethics Opinions

Informal Opinions for the year 2021

Informal Opinion No. 21-02
A judge may not serve on the board of trustees of an arts council that is a 501(c)(3) established by a city. Although a 501(c)(3), the arts council is created and sponsored by a government entity.

 

Informal Opinions for the year 2020

Informal Opinion No. 20-01
A courthouse may not have a display showing pictures of members of the local bar association.

Informal Opinion No. 20-02
A judge may not be involved in efforts to encourage the Utah State legislature to ratify the Equal Rights Amendment because it is not an issue that directly and primarily impacts the legal system.

 

Informal Opinions for the year 2019

Informal Opinion No. 19-01
A full-time justice court judge may not serve as a bankruptcy trustee.

Informal Opinion No. 19-02
A judge may not accept an invitation to speak to a gathering of law enforcement officers about integrity, even if other city officials are invited to the presentation.

Informal Opinion No. 19-03
A judge may not engage with potential jurors by stepping from the bench to shake hands with the defendant and emphasizing to the potential jurors that the defendant is presumed innocent.

 

Informal Opinions for the year 2017

Informal Opinion No. 17-01
A part-time justice court judge may serve as an administrative law judge for the Workers Compensation Fund or the Labor Commission. The position would involve the administration of justice and the types of cases are unlikely to come before the judge's court.

Informal Opinion No. 17-02
Three supreme court justices are named in a lawsuit. The three justices may not preside over the case even though they are named in their professional capacities. The two other justices may hear the case.

 

Informal Opinions for the year 2016

Informal Opinion No. 16-01
A judge may vote in a presidential primary that is conducted in conjunction with a political party's caucus, provided the voting is done online or the judge appears at the caucus site solely for the purpose of voting and does not attend the actual caucus meeting.

Informal Opinion No. 16-02
The Committee provides additional direction on Informal Opinion 15-1, particularly on the correlation between a judge's private activities and their impact on public perception of the bench.

Informal Opinion No. 16-03
A judge may not serve on an advisory body to the National Juvenile Defender Center. Service may undermine public confidence in the impartiality of the judiciary.

 

Informal Opinions for the year 2015

Informal Opinion No. 15-01
A judge may not be president of a national organization that regularly issues press releases on political issues such as pending legislation and presidential campaigns.

 

Informal Opinions for the year 2014

Informal Opinion No. 14-01
A judge may write a letter to the supervisor of an AP&P officer, commending the work of the officer, provided the judge uses language that does not undermine the public's perception of the judge's impartiality.

 

Informal Opinions for the year 2012

Informal Opinion No. 12-01
The Ethics Advisory Committee provides guidance on judges' use of social media. The committee answered nearly two dozen questions related to social media.

Informal Opinion No. 12-02
A judge may create a roster of treatment providers that are acceptable to the court. The judge may make referrals from the roster on a rotating basis.

 

Informal Opinions for the year 2011

Informal Opinion No. 11-01
A judge may perform a wedding ceremony for an individual or attorney who has a case pending before the judge. A judge may also perform marriage ceremonies for the family members of those who have cases pending before the judge.

Informal Opinion No. 11-02
A judge may privately advise the judge's siblings on their legal rights and duties related to a family member's estate. A judge may also recommend a particular attorney to the judge's siblings.

 

Informal Opinions for the year 2010

Informal Opinion No. 10-1
The committee does not have authority to construe statutes to determine whether they expressly authorize ex parte communications.

Informal Opinion No. 10-2
Judge may not recommend a specific mediator when asked by parties to provide such a recommendation.

Informal Opinion No. 10-3
Judge must enter disqualification or obtain remittal from parties when a party contests or fails to appear on a citation issued by the judge's son-in-law who is the chief of the police department in the judge's jurisdiction.

 

Informal Opinions for the year 2008

Informal Opinion No. 08-1
Judge may teach a business law class at a local university during the judge's lunch break, even though the judge will need to extend the lunch time 20 minutes. The time away is not significant.

 

Informal Opinions for the year 2007

Informal Opinion No. 07-1
A part-time justice court judge may serve on a traffic safety committee appointed by a local school board.

Informal Opinion No. 07-2
A part-time referee may not practice criminal law.

Informal Opinion No. 07-3
The judge may review the history of the minor's involvement, if any, with the juvenile court, and the court file established in any previous case, including the legal and social files, and whether the court may consult with the judge who presided over the previous case involving the minor, inter alia.

Informal Opinion No. 07-4
A judge may not serve on the Board of the National Alliance for the Mentally Ill (NAMI).

 

Informal Opinions for the year 2006

Informal Opinion No. 06-1
A judge must enter disqualification when the spouse of the judge's front office and in-court clerk appears as counsel in a proceeding.

Informal Opinion No. 06-2
A judge must enter disqualification in proceedings involving the employer of the judge's spouse, even though the employment is part-time.

Informal Opinion No. 06-3
A judge may not serve on a county ad hoc citizen's advisory committee that will address zoning issues.

Informal Opinion No. 06-4
A judge may participate on a Division of Child and Family Services panel designed to train foster parents.

Informal Opinion No. 06-5
A judge may serve as a trustee on the board of the Utah Certified Development Company, a non-profit entity.

Informal Opinion No. 06-6
A juvenile court judge may make presentations to certain groups, such as a parenting class for DCFS, a CASA award program, and the Foster Parents Association.

 

Informal Opinions for the year 2005

Informal Opinion No. 05-1
A county justice court judge may not serve as president of a company which markets technology to correctional facilities. A judge may not engage in frequent financial dealings with other components of the criminal justice system.

Informal Opinion No. 05-2
A judge is not automatically required to enter disqualification in a proceeding in which the judge has (1) previously held one of the attorneys in contempt; (2) sanctioned one of the attorneys; or (3) referred one of the attorneys to the Office of Professional Conduct.

Informal Opinion No. 05-3
A judge is not required to enter disqualification based solely on the fact that a litigant has filed a judicial conduct commission complaint against the judge.

Informal Opinion No. 05-4
A part-time justice court judge may accept a membership to the Association of Trial Lawyers of America.

Informal Opinion No. 05-5
A judge may refer victims to the Utah Crime Victim's Legal Clinic as long as the referral does not involve an assessment of the victim's case or the quality of the representation that the victim will receive.

 

Informal Opinions for the year 2004

Informal Opinion No. 04-1
A judge may comment on allegations in an affidavit of bias when the judge agrees to disqualification. The comments must reflect the appropriate demeanor, integrity and impartiality of the judiciary.

 

Informal Opinions for the year 2003

Informal Opinion No. 03-1
A judge has asked whether he may maintain membership in a cycling club that is sponsored, in part, by a law firm.

 

Informal Opinions for the year 2002

Informal Opinion No. 02-1
A judge may not attend a political party caucus. A judge may vote in a primary election, even when participation is conditioned on party affiliation.

 

Informal Opinions for the year 2001

Informal Opinion No. 01-1
A judge may contact legislators on issues that directly and primarily involve the law, the legal system, and the administration of justice.

Informal Opinion No. 01-2
Disqualification is not required in a proceeding involving a motion and affidavit for disqualification of a judge from the same district.

Informal Opinion No. 01-3
A judge may contribute a picture to a national campaign by the American Indian College Fund.

Informal Opinion No. 01-4
A judge cannot accept a fellowship from the Association of Trial Lawyers of America.

Informal Opinion No. 01-5
A justice court judge may not serve concurrently as an administrative law judge or hearing officer in administrative traffic cases.

 

Informal Opinions for the year 2000

Informal Opinion No. 00-1
A commissioner may serve on a Utah Legal Services committee, but must disclose the service in cases involving ULS attorneys.

Informal Opinion No. 00-2
A part-time justice court judge may accept an appointment to a local school district board of education.

Informal Opinion No. 00-3
A judge is not required to report criminal activity of which the judge becomes aware, but is not prohibited from doing so.

Informal Opinion No. 00-4
A judge is required to enter disqualification in proceedings involving an attorney that is currently, or has previously, represented the judge before the Judicial Conduct Commission while the proceeding is pending, and for a period of six months after the proceeding has ended.

Informal Opinion No. 00-5
A judge may operate a campaign if the judge is not certified by the Judicial Council. A judge who is certified may not operate a campaign simply in response to below average scores or Judicial Conduct Commission sanction. However, a judge may operate a campaign when faced with the other scenarios discussed in (b), (c) and (d) herein.

 

Informal Opinions for the year 1999

Informal Opinion No. 99-1
A juvenile court judge may not make referrals to a private counseling center at which the judge's spouse serves on the board of trustees.

Informal Opinion No. 99-2
A plaque recognizing a 'trial lawyer of the year' may not be displayed in a courthouse.

Informal Opinion No. 99-3
A judge may contact the judge's insurance carrier to discuss coverage issues, provided the judge does not use the judge's position in the discussions.

Informal Opinion No.
A judge is not required to enter disqualification in proceedings in which the judge's clerk has filed an affidavit concerning matters in the court record.

Informal Opinion No. 99-5
A justice court judge may execute an agreement with a private probation provider if it is legally permissible.

Informal Opinion No. 99-6
A judge may speak at the annual conference of the Attorney General's Office.

Informal Opinion No. 99-7
This opinion request was withdrawn.

Informal Opinion No. 99-8
Judges may initiate contact with nominating commission members to provide information on judicial candidates.

Informal Opinion No. 99-9
A judge may only preside in cases involving a prosecuting attorney who is in the same firm as the judge's attorney if the parties remit disqualification.

Informal Opinion No. 99-10
This opinion request was withdrawn.

Informal Opinion No. 99-11
A judge may serve as a domestic relations commissioner for the Navajo Nation Courts as long as the service does not interfere with the judge's state duties.

 

Informal Opinions for the year 1998

Informal Opinion No. 98-1
A part-time justice court judge must enter disqualification in all proceedings involving the county department which employs the judge in a non-judicial capacity.

Informal Opinion No. 98-2
An assistant court administrator may serve on the committee in charge of, and as the coordinator for, the annual State Charitable Fund Drive.

Informal Opinion No. 98-3
The executive director and/or other members of a Judicial Council task force may solicit funds for task force research and other activities as long as judges' names and titles are not used in the efforts.

Informal Opinion No. 98-4
A judge may serve as a member of the advisory board for the Salt Lake County Children's Justice Center, but the judge must not participate in discussions concerned primarily with prosecution tactics.

Informal Opinion No. 98-5
A judge should not allow the judge's court clerk to participate in a city mobile watch program which is conducted within the jurisdiction of the court.

Informal Opinion No. 98-6
A judge may serve on a Domestic Violence Coalition if membership is broad-based, individual cases are not discussed, and the focus of the coalition is on the improvement of the law.

Informal Opinion No. 98-7
A commissioner may not issue title insurance through Attorneys Title because of the appearance that the commissioner is practicing law.

Informal Opinion No. 98-8
A judge may not receive compensation for marriages performed during court hours (8:00 to 5:00). A judge may receive compensation for marriages performed at a courthouse if the courthouse is regularly used for marriage ceremonies.

Informal Opinion No. 98-9
A judge may communicate with an appellate court concerning a pending case only when requested by the appellate court and only through the record.

Informal Opinion No. 98-10
When presented with an appellate court directive that apparently conflicts with statutes or rules, a trial court judge must follow the appellate court directive.

Informal Opinion No. 98-11
In order to serve on the Utah Antidiscrimination Advisory Council the Council must have a direct and primary relationship with improvement of the law or the legal system.

Informal Opinion No. 98-12
Disqualification is not necessary in a proceeding in which the judge has heightened security concerns about a particular party and, because of those concerns, brings in extra security measures.

Informal Opinion No. 98-13
A judge should not sign a letter of recommendation in support of a private counseling service seeking a federal grant, because the counseling service receives referrals from the court.

Informal Opinion No. 98-14
Disqualification is not necessary in a proceeding involving an employee of a different court-level, unless the court is co-located. Disqualification is not necessary in a proceeding involving a family member of a court employee if the employee does not have a close working relationship with the judge.

Informal Opinion No. 98-15
A judge may not act as a master of ceremonies at a 'Meet the Candidates Night' sponsored by a local PTA, because the meeting is a political gathering.

Informal Opinion No. 98-16
Disqualification is not necessary in a proceeding involving the county which previously employed the judge as a county attorney.

Informal Opinion No. 98-17
The Code of Judicial Conduct does not apply to the Judicial Council as an entity.

Informal Opinion No. 98-18
Individual Judicial Council members may propose and/or vote on a Council resolution to file an amicus brief in a Utah Supreme Court case involving separation of powers issues; assist in the preparation of the brief; and cause the brief to be filed with the Supreme Court.

Formal Opinion No. 98-1
A judge may engage in private social interactions with attorneys who have cases pending before the judge, except a judge should not engage in such interactions on actual trial days.

 

Informal Opinions for the year 1997

Informal Opinion No. 97-1
Active Senior Judge may serve, on a contract basis, as a hearing officer for the Board of Pardons and Parole, but may not preside as active judge over criminal or habeas cases.

Informal Opinion No. 97-2
Judge must enter disqualification when relative within third degree is employed as an associate or law clerk of the law firm appearing before the judge.

Informal Opinion No. 97-3
Judge may participate in nonprofit musical education and performance organization as long as it does not interfere with judicial duties.

Informal Opinion No. 97-4
Juvenile Court Judges may receive ex parte communications from juvenile court probation officers requesting warrants to detain juveniles.

Informal Opinion No. 97-5
Part-time justice court judge may not attend or observe an administrative check point or ride with a law enforcement officer to observe procedures.

Informal Opinion No. 97-6
Court employee may accept an appointment to the Grievance Council of the Utah Division of Child and Family Services.

Informal Opinion No. 97-7
Replaced by Formal Opinion 98-1.

Informal Opinion No. 97-8
Disqualification is not required when a lawsuit is filed complaining of acts in the judge's judicial capacity. Facts prompting disqualification must be extrajudicial.

Informal Opinion No. 97-9
Judges and court employees may not participate in soliciting jurors to donate their fees to the CASA program.

 

Informal Opinions for the year 1996

Informal Opinion No. 96-1
Judge of a full-time justice court is presumptively a full-time judge. Presumption may be rebutted.

Informal Opinion No. 96-2
Judge must enter disqualification in proceedings involving employee of judge's district. Disqualification also extends to members of employee's immediate household and family.

Informal Opinion No. 96-3
Judge is not automatically disqualified from proceedings involving attorney who has represented parties in lawsuits and ethical actions against the judge.

Formal Opinion No. 96-1
Judges may not participate in Executive Banking Program offered in connection with banks contractual relationship with the state courts.

 

Informal Opinions for the year 1995

Informal Opinion No. 95-1
Active Senior Judge may serve on the Board of Child and Family Services.

Informal Opinion No. 95-2
An applicant for judicial office is not prohibited from participating in planning and attending a political fund-raising dinner.

Informal Opinion No. 95-3
Judge may not serve on the Board of Regents.

Informal Opinion No. 95-4
Replaced by Formal Opinion 96-1.

 

Informal Opinions for the year 1994

Informal Opinion No. 94-1
Judge may serve as mediator in federal court-annexed ADR program. Uncompensated service in court annexed program is not mediation 'in a private capacity.'

Informal Opinion No. 94-2
Judges may not serve on Judiciary Committee of the Utah Substance Abuse Coordinating Council because the committee's actions are not limited to the purposes allowed by the Code.

Informal Opinion No. 94-3
Judge may not receive compensation for marriages performed during court hours or on court premises.

Informal Opinion No. 94-4
Judge need not enter disqualification in cases involving guardian ad litem who had previously shared office space with judge, unless case was handled by guardian ad litem during office sharing period.

Informal Opinion No. 94-5
Judge may respond to inquiry from Judicial Nominating Commission. Judge may privately approach individuals and urge application for judicial office.

Informal Opinion No. 94-6
Judge is not automatically required to disqualify in cases involving Attorney General's Office, which employs judge's spouse. Judge should disqualify if impartiality could be questioned.

 

Informal Opinions for the year 1993

Informal Opinion No. 93-1
Judge may not maintain membership in organization that endorses candidates for partisan political offices, even if judge personally abstains from endorsing.

 

Informal Opinions for the year 1992

Informal Opinion No. 92-1
Active senior judges may serve as arbitrators and their photographs and biographical sketches may be included in a promotional brochure.

Informal Opinion No. 92-2
Part-time justice court judge may not provide alcohol assessment services to defendants who appear before the judge. Judge may not solicit referrals from other courts.

Informal Opinion No. 92-3
Judge must enter disqualification in proceedings involving firm that employs judge's father in 'of counsel' capacity, if father's compensation depends on success of firm. Disqualification may be waived.

 

Informal Opinions for the year 1991

Informal Opinion No. 91-1
Judge may not serve on editorial board of magazine which focuses on political races and personalities.

Informal Opinion No. 91-2
Judge may not write a reference letter for person wishing to obtain commercial financing. Judge may write letter of reference for probation officer applicant who has appeared professionally before the judge.

Informal Opinion No. 91-3
Judge may sit on fee arbitration panel established by Bar, but should not decide fee matters concerning which judge has prior knowledge or which might cast doubt on judge's impartiality.

 

Informal Opinions for the year 1990

Informal Opinion No. 90-1
Judge may teach business law class at university as long as it does not interfere with judicial duties. Six hours a week during regular court hours is excessive.

Informal Opinion No. 90-2
Judge may not participate in moot court sponsored by POST and Corrections. Judge may not comment on pending or impending cases while teaching.

Informal Opinion No. 90-3
Judge must enter disqualification when lawyer-relative appears in proceeding or is partner in firm appearing.

Informal Opinion No. 90-4
Part-time commissioner may campaign for and serve as justice of peace in out-of-state municipality where commissioner resides.

Informal Opinion No. 90-5
Judge is not required to disqualify in cases involving collection agency which has contract to collect for the state treasurer.

Informal Opinion No. 90-6
Judge may serve as president-elect or president of a law school alumni association, but should not be involved in fund-raising or investment of funds.

Informal Opinion No. 90-7
Judge may participate in CLE sponsored by non-profit group, but may not comment on pending cases or make comments about pending issues that would indicate partiality.

Informal Opinion No. 90-8
Judge may write forward for a book on child support negotiation and litigation, as long as writing does not interfere with judicial duties, cast doubt on impartiality or lend the prestige of the office.

Informal Opinion No. 90-9
Judge may not participate in seminar sponsored by Alumni Association because proceeds will be used to fund other Association activities.

 

Informal Opinions for the year 1989

Informal Opinion No. 89-1
Justice court judge may serve on Youth Coordinating Council as long as it does not involve fund-raising or interfere with judicial duties.

Informal Opinion No. 89-2
Judge must disqualify in cases involving former firm only if case is one which judge personally handled, or firm handled while judge was associated with firm, or judge will financially benefit from outcome. Judge need not automatically disqualify from cases involving county attorney's office which employs judge's daughter.

Informal Opinion No. 89-3
Judge may explain judge's sentencing practices as long as there is no discussion of pending or impending cases, or discussion that may subject a sentence to collateral attack.

Informal Opinion No. 89-4
Judge may participate and give lectures in tour of foreign countries even though judge's expenses are paid by for-profit group organizing tour.

Informal Opinion No. 89-5
Judge is not automatically disqualified from proceedings involving cousin who is a deputy sheriff.

Informal Opinion No. 89-6
Judge may not accept Christmas gifts from attorneys or parties who are likely to appear before judge, but court employees may accept gifts of nominal value.

Informal Opinion No. 89-7
Judge may not assist the campaign activities of a school board candidate.

Informal Opinion No. 89-8
Judge may not participate in a dunking booth at a bar convention.

Informal Opinion No. 89-9
Judge may teach community college class on laws associated with law enforcement. Judge may also instruct peace officers on recent decisions.

Informal Opinion No. 89-10
Justice court judge may serve as the chairman of a county planning commission.

Informal Opinion No. 89-11
Justice court judge may not work as volunteer for Utah Special Olympics because work requires one day per week away from regular court duties.

Informal Opinion No. 89-12
Judge may co-own small business which occasionally litigates in small claims court.

Informal Opinion No. 89-13
Replaced by Formal Opinion 89-1.

Informal Opinion No. 89-14
Appellate court judge may serve as president of local bar association.

Informal Opinion No. 89-15
Judge may not participate in any manner in the judge's spouse's political campaign.

Informal Opinion No. 89-16
Judge pro tempore is not prohibited from running for political office while serving as judge pro tempore, but should disqualify if conflicts arise.

Formal Opinion No. 89-1
Appellate court judge may serve as president-elect and president of state bar, as long as service does not interfere with judicial duties.

 

Informal Opinions for the year 1988

Informal Opinion No. 88-1
A juvenile court probation officer may serve in the same geographic location as the officer's spouse, who is a prosecutor.

Informal Opinion No. 88-2
Judge may not participate on the Salt Lake County Child Abuse Coordinating Committee because the activities of the committee had gone beyond permissible purposes.

Informal Opinion No. 88-3
Judge must enter disqualification in cases involving LDA where LDA employs judge's spouse and where the judge was associated with LDA when it undertook the representation.

Informal Opinion No. 88-4
Judge may serve on the Board of Directors of the United Way provided judge has separated himself from fund-raising.

Informal Opinion No. 88-5
Judge who hears the testimony of peace officers in the course of judicial duties should not teach peace officers a course on the Utah Code and proper courtroom demeanor.

Informal Opinion No. 88-6
Judge may not teach a CLE seminar sponsored by a private for-profit group composed of attorneys.

Informal Opinion No. 88-7
Judge may not host or attend a political caucus. The committee cannot give advice to the judge's spouse.

Informal Opinion No. 88-8
Judge may not offer expert testimony on the reasonableness of a settlement offer.

Informal Opinion No. 88-9
Justice court judge should not testify as a character witness for a criminal defendant, unless a subpoena makes it unavoidable.

Informal Opinion No. 88-10
Judge may participate in a seminar to improve relations between the U.S. and another country.

 

Judicial Ethics Opinions References

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