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Yes, Lawyers Must Report Judicial Misconduct

The Illinois Bar Journal recently covered what happens when attorneys baselessly accuse judges of improper conduct (http://bit.ly/2u4L5LU). But what about when a judge truly does something improper? Is there an obligation to report?

The simple answer is yes. An attorney's duty to report attorney misconduct under Rule of Professional Conduct 8.3 extends to judges as well (http://bit.ly/2u50X19). Rule 8.3(b) states, "A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority." Note, however, that Comment [3] to the Rule provides that a "measure of judgment" is required when a lawyer seeks to comply with the reporting requirement and that not all violations may trigger it.

Find out more in the August Illinois Bar Journal.

Posted on August 17, 2017 by Mark S. Mathewson
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