Judicial Ethics Advisory Committee Opinions
NOTE: Before relying on a particular Opinion, compare the rule or canon references in the Opinion with current Code provisions to determine whether the Opinion may be considered still current and applicable.
1990
- 90-1
Whether it is proper for a municipal judge to be a candidate for re-election simultaneous to being a candidate for a county judge office notwithstanding that the person can only hold one such office.
- 90-2
Whether it is proper for a judge, still holding office, who has announced impending retirement, to publicly endorse or to permit the judge's name to be used in the campaign literature for and on behalf of a candidate for the office from which the judge is retiring.
1991
- 91-1
Whether a judge may write a letter of support for a lawyer in connection with a proceeding involving either discipline or reinstatement to practice.
- 91-2
Who are the essential parties to the remittal of disqualification as the term "parties" is used in Rule 3D of the North Dakota Rules of Judicial Conduct?
1992
- 92-1
May a judge serve as a reference?
1993
- 93-1
Whether a judge should voluntarily remove himself or herself from a proceeding when a party to that proceeding files an official complaint against him or her alleging that the judge has been prejudiced by participation in an earlier proceeding.
1994
- 94-1
Whether or not membership by a judge in a particular organization constitutes invidious discrimination under Canon 2C of the North Dakota Code of Judicial Conduct.
1995
- 95-1
Whether a judge should voluntarily remove himself or herself from a proceeding when one of the parties to the proceeding is represented by an attorney who was the judge's political opponent in a prior judicial race, and if removal is required, for what period of time is the judge disqualified.
1996
- 96-1
Whether a judge should voluntarily remove himself or herself from a proceeding when one of the parties to the proceeding is represented by an attorney who had an ethical complaint filed against him by the judge's spouse.
2000
- 2000-1
Whether a judicial candidate, other than a current office-holding judge/justice (referred to herein as "judge/justice"), may omit in campaign advertisements and literature words such as "for" or "elect" in conjunction with the name and position sought.
2010
- 2010-1
Whether a judicial candidate, while campaigning door-to-door, may ask a homeowner to put a campaign sign in the homeowner's yard.
2012
- 2012-1
Whether an attorney who has been appointed as a substitute part-time municipal judge and who is seekng election as part-time judge is prohibited from practicing law while a candidate for judicial office.
- 2012-2
Whether a judge with special legal and technical skills may present at legal seminars sponsored and promoted by lawyer and judicial non-profit organizations; whether the judge may present at seminars sponsored and promoted by for-profit lawyer or judicial education providers; and whether the judge may work or affiliate iwth an industry expert in presenting education programs.
2015
- 2015-1
Whether a surrogate judge of the Supreme Court may act as a private mediator, including charging a fee and advertising for mediation services.
2016
- 2016-1
Whether a judicial candidate's campaign committee may solicit contributions from a political action committee?
Whether a distincton may be made, in terms of reasonableness, between a contribution from a political action committee and one from an individual? - 2016-2
Whether a judicial candidate or the candidate's campaign committee can establish social media pages in support of the candidate.
Whether social media pages established by the candidate or candidate's campaign committee may link to a web page that provides a place for visitors to the page to contribute to the campaign.
Whether the candidate or campaign committee may invite friends to "like" or "share" the campaign page from the candidate's personal page.
Whether a sitting judge who is a candidate for the same office may pose in a judicial robe for the purpose of promoting the candidate's campaign. - 2016-3
Whether a judicial candidate may use a written advertisement setting forth the comparative attorney records of the candidate and his opponent.
2019
- 2019-1
Whether appearing as a prosecutor in a case to handle routine administrative hearings like first appearances, preliminary hearings and scheduling conferences constitutes personal and substantial participation on the file such that a judge must recuse myself, when the actual decisions about the merits of the case are decided by another government attorney; and
Whether appearing as a prosecutor in a case to handle routine administrative hearings like first appearances, preliminary hearings and scheduling conferences constitutes public expression of an opinion concerning the merits of the matter in controversy, such that I must recuse myself, when the actual decisions about the merits of the case are decided by another government attorney.
- 2019-2
Is recusal necessary when a judge, who periodically presides in actions in which Company A is appointed as guardian, acquires personal knowledge of facts that may be in dispute in a matter.
- 2019-3
Whether recusal is necessary when a judge is a party or becomes a party to a civil lawsuit brought by a litigant.
2021
- 2021-1
Is a judge disqualified from all cases involving a large law firm employing the judge’s daughter-in-law as an associate attorney?
2022
- 2022-1
Is a court-appointed guardian an officer of the court subject to the court’s control, rather than a party with an interest in the proceeding or an issue subject to factual dispute in the matter?
Whether, in a guardianship case (initial appointment or review), Rule 2.9 is implicated when the Judge gains information from discussions with other judges, court staff, and committees as well as a public judgment against the guardian
Would the Judge’s impartiality be reasonably questioned under Rule 2.11?