The new ABA judicial code as a basis for discipline: Defending a judge

The ABA's new Judicial Code represents major changes in format and substance from the previous Code. Both the previous and current Code serve two purposes, setting out high goals to which a judge should aspire and minimum standards of judicial conduct. The article addresses the recently updated judicial Code from the perspective of a lawyer who defends judges. Topics covered include the inherent problems in a Code that seeks to serve two purposes seemingly at odds and particular issues, such as the appearance-of-impropriety standard, ex parte communications, gifts, impaired lawyers or judges, and political activity. The author concludes, on balance, that, from the perspective of defending a judge, the current revision of the Judicial Code is an overall improvement from the earlier Code.