updated: January 30, 2008
Boston Bar Association        
   

SJC TO STUDY CANON 3 OF CODE OF JUDICIAL CONDUCT 

The Justices of the Supreme Judicial Court have announced the establishment of an Ad Hoc Advisory Committee to consider the provisions of Canon 3 of the Massachusetts Code of Judicial Conduct that pertain to public comment by judges.  The provisions are contained in S.J.C.  Rule 3:09, Canon 3B (9).  

The Committee’s task is to provide the Justices with a recommendation regarding changes, if any, that should be made in the canons or commentary to that provision of the Code, or such other recommendations relating to public comment by judges that the Committee wishes to make.  The Justices have asked the Committee to submit its report within three months.

The Supreme Judicial Court had previously revised the Code of Judicial Conduct on October 1, 2003, following extensive study and recommendations by a committee appointed by the Court in 1998.  The Justices solicited comments on the recommendations from those outside the committee prior to the adoption of the new Code. 

In 2003, the American Bar Association began work on revising its Model Code of Judicial Conduct and last February adopted a new Model Code.  The Ad Hoc Committee will review the 2007 Model Code as part of its study.

Superior Court Judge E. Susan Garsh was appointed by the Justices to chair the Ad Hoc Committee to review the Canon that pertains to public comment by judges. The other members are as follows:             

Jonathan M. Albano, Partner, Bingham McCutchen LLP, Boston

Michael P. Angelini, Chairman, Bowditch and Dewey, LLP, Worcester

Hon. Jay D. Blitzman, Associate Justice, Middlesex Juvenile Court

Hon. Kathleen E. Coffey, First Justice, West Roxbury Division, Boston Municipal Court

Hon. Ralph  D. Gants, Associate Justice, Superior Court

Hon. Margaret R. Hinkle, Associate Justice, Superior Court

Professor Andrew L. Kaufman, Harvard Law School

Hon. Paul LoConto, Regional Administrative Judge, Worcester District Court

Hon. James W. Menno, Associate Justice, Probate and Family Court

Hon. James H. Wexler, Associate Justice, District Court

 


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