This event has been postponed until early 2014.
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”.
- Old school judicial attitudes.
- 1974: Congress steps in.
- The 1974 Congressional reforms as explained by Father Robert Drinan, S.J., Congressman from Massachussetts 1971-81.
- Laird v. Tatum.
- 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?
- Discussion
Postponed until early 2014
Late registration available at the door, (cash and check only) as space is available. $5 late registration fee