MPRE area 12 of 12
MPRE Judicial Conduct
The Judicial Conduct portion of the MPRE tests the ABA Model Code of Judicial Conduct's four Canons, which govern sitting judges (and sometimes judicial candidates) rather than lawyers generally. Questions typically present a judge facing a conflict, an ex parte contact, a disqualification issue, an extrajudicial activity, or a campaign-related scenario, and ask whether the judge's conduct complies with the Code. The exam rewards precise attention to whether disqualification is automatic versus waivable, what "impartiality might reasonably be questioned" means, and the line between permissible civic/personal activity and prohibited political or financial entanglement.
What the MPRE tests
General Standards of Integrity, Impartiality, and Avoiding Impropriety
A judge must act at all times, on and off the bench, in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary. A judge must avoid impropriety and even the appearance of impropriety in all of the judge's activities. This is the overarching principle that informs the more specific rules in Canons 2-4.
Impartiality, Competence, and Diligence in Judicial Duties
A judge must perform judicial duties impartially, competently, and diligently, uphold the law, and be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and staff. A judge must not be swayed by public clamor, fear of criticism, or personal relationships, and must require similar conduct from court staff and others subject to the judge's direction. A judge must also avoid bias or prejudice, including manifestations of bias based on protected characteristics, and must not permit staff or lawyers in proceedings before the judge to do so.
Ex Parte Communications
A judge must not initiate, permit, or consider ex parte communications, or other communications made outside the presence of the parties, concerning a pending or impending matter, except as specifically authorized by law or the Code. Limited exceptions exist for scheduling, administrative, or emergency matters that do not address substantive issues, and for obtaining disinterested expert legal advice, provided notice and opportunity to respond are given.
Disqualification (Recusal)
A judge must disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including specific situations such as personal bias, prior involvement as a lawyer in the matter, a close familial relationship to a party or lawyer, or a financial interest in the subject matter or a party. Only personal bias or prejudice concerning a party or a party's lawyer requires disqualification that cannot be waived; every other ground (including personal knowledge of disputed facts or having been a material witness) may be waived through a remittal process if the judge discloses the basis on the record, the parties and lawyers, without participation by the judge or court personnel, agree the judge should not be disqualified, and the judge is willing to participate.
Extrajudicial and Personal Activities
A judge may engage in extrajudicial activities such as speaking, writing, teaching, and participating in civic, charitable, religious, or educational organizations, so long as these activities do not cast doubt on the judge's capacity to act impartially, do not interfere with judicial duties, and do not lead to frequent disqualification. A judge generally must not personally solicit funds for any organization (except from members of the judge's family or from judges over whom the judge has no supervisory or appellate authority), may solicit membership only for organizations concerned with the law, the legal system, or the administration of justice, but may be listed as an officer or serve on its board, and must not use the prestige of judicial office to advance private interests of the judge or others. A judge may accept certain gifts and compensation for permitted extrajudicial activities within limits set by the Code and must report as required.
Political and Campaign Activity
A judge or judicial candidate must not engage in political or campaign conduct inconsistent with the independence, integrity, or impartiality of the judiciary, including publicly endorsing or opposing candidates for other public office, making speeches for a political organization, or personally soliciting campaign funds except within narrow permitted channels. A candidate for judicial office may establish a campaign committee to solicit and manage campaign contributions, and may speak on legal or political issues in general, but must not make pledges or promises of conduct in office other than the faithful and impartial performance of judicial duties, and must not knowingly, or with reckless disregard for the truth, make false or misleading statements of fact or law.
Try an MPRE-style question
A judge's brother-in-law is a plaintiff in a personal injury suit assigned to the judge's docket. Neither party nor counsel knows of the relationship, and the judge does not think it will affect her judgment. Must the judge disclose the relationship or take further action?
- (A) No, because the judge sincerely believes she can remain impartial
- (B) No, because the relationship is not close enough to require action
- (C) Yes, because the judge must disclose the relationship on the record and likely disqualify herself absent remittal
- (D) Yes, because a judge may never preside over a case involving any relative regardless of disclosure
Show answer
C. Under Canon 2, a judge must disqualify herself when a person within the third degree of relationship to her or her spouse is a party, whatever she believes about her own impartiality. Because this ground is not personal bias, the judge may disclose it on the record and let the parties and lawyers consider remittal. The tempting answer that the judge may never preside over any relative's case is wrong on two counts: remittal is available, and the rule reaches only relatives within the specified degree. Judicial Conduct Canon 2
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