《ProposedRevisedABAModelCodeofJudicialConduct》由会员分享，可在线阅读，更多相关《ProposedRevisedABAModelCodeofJudicialConduct（184页珍藏版）》请在金锄头文库上搜索。
1、AMERICAN BAR ASSOCIATION JOINT COMMISSION TO EVALUATETHE MODEL CODE OF JUDICIAL CONDUCTREPORT TO THE HOUSE OF DELEGATESRECOMMENDATION165 RESOLVED, That the American Bar Association adopts the revised Model Code of Judicial Conduct, dated February 2007.ABA JOINT COMMISSION TO EVALUATE THE MODEL CODE
2、OF JUDICIAL CONDUCTREPORTIntroductionIn this Report the American Bar Association Joint Commission to Evaluate the Model Code of Judicial Conduct (“Commission”) proposes both format and substantive changes to the present ABA Model Code of Judicial Conduct. Created in July 2003, with a grant from The
3、Joyce Foundation, the Joint Commission was appointed by and operated under the auspices of the ABA Standing Committees on Ethics and Professional Responsibility and on Judicial Independence. The Commission submits its Report with Recommendations for consideration by the ABA House of Delegates at the
4、 2007 Midyear Meeting of the Association.It has been nineteen years since the American Bar Association last undertook a comprehensive review of its judicial ethics policies. Between 1987 and 1990, a Subcommittee of the Standing Committee on Ethics and Professional Responsibility conducted an extensi
5、ve review process that led to adoption of the present ABA Model Code of Judicial Conduct in 1990. Since that time, however, several developments occurred that suggested the need for a careful evaluation of the Model Code. First among them was the extensively reported collective experience of judges,
6、 judicial regulators and judicial ethics commissions that have worked with the existing Code for well over a decade. The Commission was motivated as well by specific issues, including those that had arisen as a result of the variety of methods utilized throughout the United States in the judicial se
7、lection process, those stemming from the development of new types of courts and court processes, and those relating to the increasing frequency of pro se representation in the courts. The Joint Commission to Evaluate the Model Code of Judicial Conduct is chaired by Mark I. Harrison of Phoenix, Arizo
8、na. Mr. Harrison is a former member of the ABA Standing Committee on Ethics and Professional Responsibility, and a former chair of the ABA Standing Committee on Professional Discipline. He has extensive experience in all aspects of lawyer and judicial regulation, having represented the Arizona Judic
9、ial Conduct Commission and judges in judicial discipline proceedings. The Commission membership includes ten distinguished judges and lawyers whose breadth of experience in various courts and areas of practice ensured a thorough and multidimensional review of the Judicial Code. It also includes a pu
10、blic member whose participation in a wide array of civic, business, and charitable affairs brought to the review process a valuable public perspective, and eleven advisors with extensive experience in judicial ethics and disciplinary matters, many of whom served as formal liaisons from organizations
11、 interested in different aspects of judicial conduct. The Commission was supported in its evaluative work by two Reporters and by counsel from the ABA Center for Professional Responsibility and the ABA Justice Center. A roster of the Commission members, advisors, Reporters, and counsel appears at ht
12、tp:/www.abanet.org/judicialethics/roster.html.The Evaluation ProcessOver the course of thirty-nine months, the Commission met in person nineteen times and convened via teleconference thirty-two times. At its in-person meetings, widely advertised in advance the Commission sponsored nine public hearin
13、gs at which it heard comments from several dozen individuals regarding their interests, or the interests of entities they represented, on a broad range of judicial conduct issues. Representatives of the Commission met on several occasions with the Conference of Chief Justices, with various entities
14、within the Judicial Division of the ABA, and with other interested entities. The Commission also received written comments from some of those who appeared in person and from a number of other interested persons. The Commissions developing work product, in the form of drafts of discrete portions of t
15、he Judicial Code, was posted periodically on a Web site maintained by the ABA, along with requests for responses and suggestions for further revisions. The Commissions work was also disseminated to representatives of sixteen entities whose work focuses upon judicial conduct matters, and to more than
16、 two hundred and fifty individuals who had expressed interest in the process and asked that they be provided with electronic notification of all the Commissions recommendations. All told, thirty-nine entities filed written comments with the Commission in relation to the existing Model Code, a Preliminary Report distributed by the Commission in June 2005, or a Proposed Final Draft in December 2005. In total, approximate
