Class Descriptions

DQ the judge? Ethics and Etiquette

December 20, 2013    1:30 to 4:40 p.m.

UNM Law School  – Live presentation by Victor R. Marshall.
3 ethics credit hours

Judicial disqualification is always a hot-button issue.  How should it be handled ?  What are the ethical duties of judges ?  What are the ethical duties of lawyers ?  Do these ethical duties clash with reality ?

1:30 – 2:15  [ 45 minutes ]
1.  New Mexico has peremptory excusal.  Is this good or bad ?

  • The statute:  § 38–3-9.
  • The 1986 compromise.
  • Problems with peremptory excusal, real or exaggerated.
  • Ethics of using peremptory excusals.

2:15 – 3:15  [ 60 minutes ]
2.  Federal Courts – disqualification for cause or “appearance of impropriety”.

  • A.  Old school judicial attitudes.
  • B.   1974:  Congress steps in.
    • The 1974 Congressional reforms as explained by Father Robert Drinan, S.J., Congressman from Massachussetts 1971-81.
    • Laird v. Tatum.
  • C.   Duty to sit or duty to recuse ?  Glossing over the Congressional reforms.

3:15 – 3:25 break

3:25 – 3:40  [ 15 minutes ]
3.  Latest developments

  • Changes to Rule 1-088.1 proposed in draft by N.M. Supreme Court.
  • Latest state and federal cases.

3:40 – 4:40  [ 60 minutes ]
4.  When disqualification is an issue, what should a judge do ?  What should a lawyer do ?

  • The judge’s duty of disclosure.
  • Conflicts of interest are not all bad.
  • The risks to the client and the lawyer.
  • Does a lawyer have a duty to raise the issue ?  To move for disqualification ?
  • If the judge doesn’t raise the issue, is there a polite way for a lawyer to raise the issue?

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