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Full-Text Articles in Law
Judicial Ethics: A New Paradigm For A New Era, Charles G. Geyh
Judicial Ethics: A New Paradigm For A New Era, Charles G. Geyh
St. Mary's Journal on Legal Malpractice & Ethics
As the preamble to the Model Code of Judicial Conduct indicates, traditional notions of judicial ethics operate within a rule of law paradigm, which posits that the “three I’s” of judicial ethics—independence, impartiality, and integrity—enable judges to uphold the law. In recent decades, however, social science, public opinion, and political commentary suggest that appointed judges abuse their independence by disregarding the law and issuing rulings in accord with their biases and other extralegal impulses, while elected judges disregard the law and issue rulings popular with voters, all of which calls the future of the three I’s and judicial ethics itself …
The Litigation Privilege In Texas., Sam Johnson
The Litigation Privilege In Texas., Sam Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Certain Texas cases have arisen where one party in litigation sues the attorney representing an opposing party. In response to such cases, Texas courts promulgated a judicial doctrine generally referred to as the litigation privilege or qualified immunity in order to protect litigants’ right to zealous representation from their attorney. The general rule is that one party to a lawsuit cannot sue the other party’s attorney. However, exceptions to this doctrine exist. This article explores the contours of the litigation privilege in Texas by analyzing the primary Texas cases where one party’s claim against the opposing party’s attorney was dismissed …
Order In The Court!: Ethical Conduct In A Criminal Trial Under The Texas Disciplinary Rules., Edward L. Wilkinson
Order In The Court!: Ethical Conduct In A Criminal Trial Under The Texas Disciplinary Rules., Edward L. Wilkinson
St. Mary's Journal on Legal Malpractice & Ethics
In a criminal trial, the most common ethical duties implicated are the duty of candor to the tribunal, maintaining the impartiality and integrity of the tribunal, and the fairness of the proceeding as a whole. Under the Texas Disciplinary Rules of Professional Conduct, these duties are broken down in Rules 3.03, 3.04, 3.05, and 3.06. Attorneys are charged with the responsibility of fully understanding each of these duties in order to interact accordingly with the tribunal. This Article will examine, in detail, each of these rules individually. Additionally, the Article will analyze how each of the rules overlap and coincide …