summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
187th General Court
Bill Summary
Relative to the duties of judges and the preservation of decorum in the courts of the Commonwealth. The Judiciary.
AI Summary
This bill amends Chapter 220, Section 2 of existing law to establish new standards for judges' conduct and the preservation of decorum in Massachusetts courts. It mandates that judges perform their duties impartially and diligently, prioritizing judicial responsibilities over all other activities. Key provisions include requiring judges to be faithful to the law, maintain professional competence, and avoid being swayed by external pressures. Judges must uphold order and decorum in proceedings, acting with patience and courtesy towards all parties, and requiring similar conduct from court personnel. The bill explicitly prohibits judges from displaying bias or prejudice based on various protected characteristics and requires them to ensure lawyers also refrain from such behavior. It also outlines specific rules against attorneys giving gifts to jurors, jurors wearing inappropriate attire like Halloween costumes, and judges making light of potential movie adaptations of cases. Furthermore, the bill clarifies rules regarding communications in legal proceedings, including limitations on ex parte communications (communications with one party without the other present) unless for administrative purposes with proper notification, and outlines when judges must consult with court personnel or other judges. Judges are also instructed to dispose of matters promptly and fairly, abstain from public comment on pending cases unless for official duties or public explanation, and refrain from commending or criticizing jurors for their verdicts, though they may express appreciation for their service. The bill also addresses the ethical handling of confidential information acquired in a judicial capacity and details judges' administrative and disciplinary responsibilities, including reporting misconduct by other judges or lawyers. Finally, it provides comprehensive guidelines for judicial disqualification, outlining numerous situations where a judge must recuse themselves to ensure impartiality, such as having a personal bias, prior involvement in the case, or a financial or familial interest that could be affected by the outcome. Failure to adhere to these provisions is deemed a violation of due process.
Committee Categories
Justice
Sponsors (2)
Last Action
Accompanied a study order, see H4364 (on 07/31/2012)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.malegislature.gov/Bills/187/House/H444 |
| State Bill Page | https://malegislature.gov/Bills/187/H444 |
| Bill | https://malegislature.gov/Bills/PDF?billId=10336&generalCourtId=1 |
| Bill | https://malegislature.gov/Bills/BillHtml/10336?generalCourtId=1 |
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