Ethics Forum: Questions and Answers on Professional Responsibility
I have been told about misconduct by a district judge in the judicial district where I live. What are my obligations to report the misconduct?
November 05, 2020 at 10:04 AM
9 minute read
Lawyers and judges are required to report misconduct.
I have been told about misconduct by a district judge in the judicial district where I live. What are my obligations to report the misconduct?
Samuel C. Stretton.
If the person who was advised of the misconduct is a lawyer then the reporting requirement is found in Rules of Professional Conduct 8.3. Rule 8.3 is the rule that, under Subsection A, requires a mandatory reporting of another lawyer's conduct if it raises a substantial question as to the lawyer's honesty, trustworthiness or fitness. Reporting would be to the Office of Disciplinary Counsel. Under Subsection 8.3(b), it reads as follows: "A lawyer who knows that a judge has committed a violation of applicable rules of Judicial Conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority." The appropriate authority, of course, is the Judicial Conduct Board.
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