Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Threat To Judicial Independence By Criticism Of Judges - A Proposed Solution To The Real Problem, Monroe H. Freedman
The Threat To Judicial Independence By Criticism Of Judges - A Proposed Solution To The Real Problem, Monroe H. Freedman
Hofstra Law Review
This Article is in two parts. The first argues that criticism of judges by lawyers is both constitutionally protected and desirable in a democratic society. The second part suggests an appropriate judicial response in the rare case where judicial independence is truly threatened by criticism of a judge.
The Judge's Ethical Duty To Report Misconduct By Other Judges And Lawyers And Its Effect On Judicial Independence, Leslie W. Abramson
The Judge's Ethical Duty To Report Misconduct By Other Judges And Lawyers And Its Effect On Judicial Independence, Leslie W. Abramson
Hofstra Law Review
This Article discusses the judge's ethical duty to report misconduct by other judges and lawyers and the effect of this duty on judicial independence. It examines the judicial duty to disclose, compares it to a lawyer's ethical duty to disclose, and surveys several issues of interpretationand application of the judicial ethical requirement including when the duty to report arises, what misconduct should or must be reported, and what actions or disciplinary measure are appropriate for the judge to pursue. In addition, it discusses exceptions to the duty to disclose andproposes modification of the existing ethical standard.