Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Committee on Judicial Ethics | March 25, 2024
A judge is not disqualified from presiding in a wrongful death and civil rights action arising out of an incident in a county facility, merely because the underlying events occurred while the judge was a county legislator who voted on the county budget. Under the circumstances, disclosure is entirely discretionary.
By Committee on Judicial Ethics | March 24, 2024
(1) A full-time judge who is, along with their siblings, a beneficiary of their parent's estate may (a) assist the sibling who is serving as executor in selecting an attorney for the estate; (b) review documents relating to the estate and the probate proceedings; (c) discuss the estate and the proceedings with the other sibling beneficiaries; and (d) provide free legal advice to their siblings, including the executor, regarding the estate and the proceedings. However, the judge may not represent their siblings or the estate, nor participate in meetings with estate counsel.
By Committee on Judicial Ethics | March 21, 2024
Where a court attorney-referee initially declines to consider an ex parte application from an attorney asking the referee to issue an order nunc pro tunc to rectify the attorney's failure to timely file documents, and then denies the same application when made by motion on notice to all parties, the referee need not take any action unless the referee determines that the attorney's actions constitute a "substantial violation" of the Rules of Professional Conduct. If so, the referee also has full discretion to determine what action is "appropriate" under the circumstances.
By Committee on Judicial Ethics | March 20, 2024
Must a full-time judge disclose or disqualify in matters involving the city police department where the judge's spouse is employed as a police officer with no supervisory responsibilities? What are the judge's obligations in the event the judge's spouse is promoted to a supervisory position?
By Committee on Judicial Ethics | March 19, 2024
A judge may host an informal event at the courthouse, with light refreshments, to thank and recognize the not-for-profit entities that participate in the court's community service program by permitting defendants to satisfy their community service requirements as part of a negotiated sentence.
By Committee on Judicial Ethics | March 18, 2024
Where a court-sponsored committee on racial equality in the courts has been directed to interact with the local community and develop projects that highlight local history, judges on the committee may publicly support an effort to rename a local geographic feature that currently bears a racially offensive name, but must not assume a leadership role in the effort or use judicial or court resources to file the name change application with federal authorities.
By Committee on Judicial Ethics | March 17, 2024
After a judge's adult child has been convicted and sentenced, a judge may attend and participate in the child's subsequent parole hearing, provided they do so in the obvious role of a parent and without reference to their judicial status or otherwise invoking the prestige of judicial office.
By Committee on Judicial Ethics | March 14, 2024
A judge may not host an event at their home for a federal legislator to discuss national issues with interested community leaders, colleagues, friends, and neighbors.
By Committee on Judicial Ethics | March 13, 2024
(1) Where the town court clerk is involved in litigation against their relatives in another court, a town justice need not disclose or disqualify in matters involving the court clerk's attorney and the relatives' attorney, but must insulate the court clerk from such matters. (2) The insulation must continue until the representation completely ends, including payment of outstanding legal fees.
By Committee on Judicial Ethics | March 12, 2024
A judge may accept a trade union's offer of a social dinner and overnight accommodations at the union's annual convention for the judge and their spouse, where the union and its members have not come, and are not likely to come, before the judge.
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