Judicial Ethics Committee Opinions - 2002

• 02-1

  May a clerk magistrate be a candidate for election to a non-judicial office (clerk of the district court) while remaining a clerk magistrate?

• 02-2

  May a judge, pursuant to a request from an attorney, submit either a letter or affidavit to a referee in a disciplinary proceeding conducted by the Nebraska State Bar Association regarding the attorney’s fitness to continue to practice law in Nebraska?

• 02-3
  • Does the Code of Judicial Conduct allow a judge to author a “recruiting” letter for the Nebraska State Bar Association’s “One Hour of Sharing” campaign?
  • Does it make a difference that this campaign seeks either “hours of service” or cash contributions “in lieu of services” from Nebraska attorneys?
  • Does the Code of Judicial Conduct prohibit a judge from providing the Nebraska Legal Services agency with a statement or quote for use in its fund-raising pamphlet where the quote will be a general statement regarding the necessity and importance of the provision of civil legal services for low-income citizens?
• 02-4

  An employee of the county court and her husband have previously served as foster parents. The employee has now been appointed clerk magistrate of the county court, in a county which does not have a separate juvenile court, and asks the following questions:

  • Is it permissible to provide foster care for children within the judicial district?
  • Is it permissible to provide foster care for children from outside the judicial district?
  • May I provide foster care for a former foster child and adopt that child?
  • May I provide permanent placement in my home for the sibling of my former foster child?
• 02-5

  Would it be ethical for the Nebraska District Judges' Association to take public action in the event a district judge is unjustly criticized? If it would not be ethical, would the answer be different if the Association did not take the public action itself, but assisted local and/or state bar associations?