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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Judge Lorenzo Reyes presides over a civil case in the Regional Trial Court. Atty. Keisha Marquez, counsel for the plaintiff, invites the judge to join the board of directors of the Lumina Foundation, a charitable foundation established by Marquez's firm. The judge accepts; his spouse also accepts a seat as treasurer. The foundation pays for travel and lodging for quarterly board meetings. About a year later, the judge grants a motion for summary judgment in favor of Marquez's client. (a) Identify the controlling doctrine under the 1989 Code of Judicial Conduct implicated by these facts. (b) Distinguish 'impropriety' from the 'appearance of impropriety' and apply the rule to these facts. (c) What disciplinary remedies may be warranted, and why?

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Canon 3—recusal; the judge should have disqualified himself from the case because extrajudicial ties might cause reasonable doubt on impartiality. Disciplinary remedies are limited to a private reprimand; more severe penalties are not warranted unless misconduct recurs. Canon 4—extrajudicial activities; such membership is permissible as a charitable activity as long as it does not influence judicial duties and is properly disclosed. Canon 2—impropriety and the appearance of impropriety; the facts reflect appearance of impropriety due to the judge's acceptance of a board seat in a foundation funded by counsel's firm and his spouse's role as treasurer, followed by a ruling favorable to that firm.

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