Multistate Professional Responsibility Examination (MPRE) Judicial Conduct and Public Service Syllabus

Judicial Conduct and Public Service syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Judicial Conduct and Public Service in Multistate Professional Responsibility Examination (MPRE), not a summary of it.

1. 1

   Integrity, Impartiality, and Independence of the Judiciary

   3 topics

   • Upholding judicial integrity and independence (Canon 1)
     • Compliance with the law and promoting public confidence
     • Avoiding abuse of the prestige of judicial office
   • Impartial and diligent performance of duties (Canon 2)
     • Fairness, competence, and diligence on the bench
     • Avoiding bias, prejudice, and harassment
     • Ex parte communications and independent investigation of facts
   • Decorum, demeanor, and public comment
     • Statements on pending and impending matters
     • Supervisory and administrative responsibilities
2. 2

   Disqualification and Recusal

   3 topics

   • Grounds for disqualification (Rule 2.11)
     • Personal bias and personal knowledge of disputed facts
     • Economic and financial interests
     • Family and prior involvement in the matter
   • Remittal of disqualification
   • Campaign contributions and disqualification
3. 3

   Extrajudicial Activities and Political Conduct

   3 topics

   • Permissible and limited extrajudicial activities (Canon 3)
     • Financial, fiduciary, and business activities
     • Acceptance of gifts and reimbursements
     • Civic, charitable, and educational activities
   • Political and campaign conduct (Canon 4)
     • Restrictions on judges and judicial candidates
     • Pledges, promises, and commitments
   • Lawyer conduct affecting the judiciary
     • Lawyer statements concerning judges and candidates (Rule 8.2)
     • Improper contributions and gifts to judges
4. 4

   Access to Justice and Pro Bono Service

   3 topics

   • Voluntary pro bono service (Rule 6.1)
   • Accepting and declining court appointments (Rule 6.2)
     • Good cause for declining appointment
   • Legal services and law reform organizations (Rules 6.3-6.5)
     • Membership in legal services organizations
     • Law reform activities affecting client interests
     • Short-term limited legal services programs

Judicial Conduct and Public Service flashcards for Multistate Professional Responsibility Examination (MPRE)

21 of 71 cards from the Judicial Conduct and Public Service deck — real questions with worked answers.

1. Under Canon 1 of the Model Code of Judicial Conduct, what three things must a judge uphold and promote?

   The independence, integrity, and impartiality of the judiciary, and the judge must avoid impropriety and the appearance of impropriety.

2. What is the 'appearance of impropriety' test under Rule 1.2?

   Conduct creates an appearance of impropriety when it would create in reasonable minds a perception that the judge violated the Code or otherwise reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve.

3. Does the prohibition on impropriety apply only to a judge's official conduct?

   No. Rule 1.2 requires a judge to act at all times—in both professional and personal life—in a manner that promotes public confidence in the judiciary and avoids impropriety and its appearance.

4. Under Rule 1.1, what is a judge's obligation regarding the law?

   A judge must comply with the law, including the Code of Judicial Conduct itself.

5. Under Rule 1.3, may a judge use the prestige of judicial office to advance personal interests?

   No. A judge must not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so.

6. May a judge voluntarily testify as a character witness?

   No. Under Rule 3.3 a judge must not voluntarily testify as a character witness; doing so lends the prestige of office to a party. The judge may testify only when subpoenaed.

7. Under Canon 2, what is a judge required to do in performing the duties of office?

   Perform the duties of judicial office impartially, competently, and diligently.

8. What does Rule 2.2 (impartiality and fairness) require of a judge?

   A judge must uphold and apply the law and perform all duties of office fairly and impartially, without bias toward any party.

9. Under Rule 2.3, what conduct constitutes prohibited bias, prejudice, or harassment?

   A judge must not, by words or conduct, manifest bias or prejudice—or engage in harassment—based on race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, and must require lawyers not to do so.

10. Under Rule 2.4, what external influences must a judge not be swayed by?

    A judge must not be swayed by public clamor or fear of criticism, must not permit family, social, political, financial, or other interests to influence judicial conduct, and must not convey that anyone is in a special position to influence the judge.

11. What is the duty to hear and decide under Rule 2.7?

    A judge must hear and decide matters assigned, except where disqualification is required. This is the 'duty to sit'—a judge may not avoid uncomfortable cases without proper grounds.

12. Under Rule 2.6, what right must a judge accord every person with a legal interest in a proceeding?

    The right to be heard according to law; a judge may encourage settlement but must not act in a manner that coerces any party into settlement.

13. What does Rule 2.8 require regarding decorum and demeanor?

    A judge must require order and decorum, must be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others, and must require similar conduct of those under the judge's direction and control.

14. Under Rule 2.8(C), may a judge commend or criticize jurors for their verdict?

    No. A judge must not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding.

15. What is the general rule on public comment about pending cases under Rule 2.10?

    A judge must not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, and must not make pledges or promises inconsistent with impartial performance of duties.

16. What are the exceptions allowing a judge to comment on pending matters under Rule 2.10?

    A judge may make public statements in the course of official duties, may explain court procedures, and (per Comment) may respond directly or through a third party to allegations in the media concerning the judge's conduct in a matter.

17. Under Rule 2.9, what is the general rule on 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 in limited circumstances.

18. Name the recognized exceptions to the ban on ex parte communications under Rule 2.9.

    Scheduling/administrative/emergency matters that don't address substance and where no party gains advantage (with prompt notice); obtaining disinterested expert advice with notice and chance to respond; consulting court staff/other judges; consulting parties to mediate/settle with their consent; or when expressly authorized by law.

19. Under Rule 2.9(C), may a judge independently investigate facts of a case (e.g., via internet)?

    No. A judge must not investigate facts independently and must consider only the evidence presented and any facts that may properly be judicially noticed.

20. What does Rule 2.5 require regarding competence and diligence?

    A judge must perform judicial and administrative duties competently and diligently, including cooperating with other judges and court officials in administering court business.

21. Under Rule 2.12, what is a judge's supervisory duty over staff?

    A judge must require court staff, officials, and others subject to the judge's direction and control to act in a manner consistent with the judge's obligations under the Code.

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