(a)PurposeThe Supreme Court has established the Committee on Judicial Ethics Opinions to provide judicial ethics advisory opinions and advice to judicial officers and candidates for judicial office.
(b)Committee determinationsIn providing its opinions and advice, the committee acts independently of the Supreme Court, the Commission on Judicial Performance, and all other entities. The committee must rely on the California Code of Judicial Ethics, the decisions of the Supreme Court and of the Commission on Judicial Performance, and may rely on other relevant sources in its opinions and advice.
(c)MembershipThe committee consists of twelve members appointed by the Supreme Court, including at least one justice from a Court of Appeal and one member who is a subordinate judicial officer employed full-time by a superior court. The remaining members must be justices of a Court of Appeal or judges of a superior court, active or retired. No more than a total of two retired justices or judges may serve on the committee at one time, except that if an active justice or judge retires during his or her term, he or she will be permitted to complete his or her term. A retired justice or judge may only serve so long as he or she is not an active licensee of the State Bar of California and is not engaged in privately compensated dispute resolution activities.
(d)Terms(1) Except as provided in subdivision (d)(2), all full terms are for four years. Appointments to fill a vacancy will be for the balance of the term vacated. A member may apply to be reappointed by the Supreme Court at the end of a four-year term and renewal of the term is not a presumption. (2) To create staggered terms among the members of the committee, the Supreme Court appointed initial members of the committee as follows:(A) Three members each to serve an initial term of five years. The court may reappoint these members to additional full terms.(B) Three members each to serve an initial term of four years. The court may reappoint these members to additional full terms.(C) Three members each to serve an initial term of three years. The court may reappoint these members to additional full terms.(D) Three members each to serve an initial term of two years. The court may reappoint these members to additional full terms.(3) Committee members may not simultaneously serve as members of the Commission on Judicial Performance or the California Judges Association's Judicial Ethics Committee. If a member of the committee accepts appointment to serve on one of these entities, that member will be deemed to have resigned from the committee and the Supreme Court will appoint a replacement. (Subd (d) amended effective January 1, 2021; adopted effective July 1, 2009; previously amended effective January 1, 2016 and January 1, 2019.)
(e)Powers and dutiesThe committee is authorized to provide ethics advice to judicial officers and candidates for judicial office, including formal written opinions, informal written opinions, and expedited written opinions. Specifically, the committee is authorized to:
(1) Issue formal written opinions, informal written opinions, and expedited written opinions on proper judicial conduct under the California Code of Judicial Ethics, the California Constitution, statutes, and any other authority deemed appropriate by the committee.(2) Make recommendations to the Supreme Court for amending the Code of Judicial Ethics or these rules;(3) Make recommendations regarding appropriate subjects for judicial education programs; and(4) Make other recommendations to the Supreme Court as deemed appropriate by the committee or as requested by the court.(f) Referrals to California Judges Association's Judicial Ethics CommitteeThe committee may adopt a revocable policy of referring requests for oral expedited advice, with conditions and exceptions as approved by the committee, to the California Judges Association's Judicial Ethics Committee.
(g)Chair and vice-chairThe Supreme Court will appoint a chair, and vice-chair from the members of the committee to serve a term of four years each. The chair and the vice-chair may be reappointed by the Supreme Court. When a member's term as chair or vice-chair ends and the member is not reappointed as chair or vice-chair, that member's committee membership term also ends unless the Supreme Court reappoints the member to the committee. The chair may call meetings as needed, and to otherwise coordinate the work of the committee.
(Subd (g) amended effective January 1, 2021; adopted effective July 1, 2009; previously amended effective January 1, 2016 and January 1, 2019.)
(h)ConfidentialityCommunications to and from the committee are confidential except as described here. Encouraging judicial officers and candidates for judicial office to seek ethics opinions and advice from the committee will promote ethical conduct and the fair administration of justice. Establishing the confidentiality of committee proceedings and communications to and from the committee is critical to encourage judicial officers and candidates for judicial office to seek ethics opinions and advice from the committee. The necessity for preserving the confidentiality of these proceedings and communications to and from the committee outweighs the necessity for disclosure in the interest of justice. Therefore, to promote ethical conduct by judicial officers and candidates for judicial office and to encourage them to seek ethics opinions and advice from the committee, the following confidentiality requirements, and exceptions, apply to proceedings and other matters under this rule:
(1) Notwithstanding any other provision of law, and with the exception of formal opinions, informal opinions, expedited opinions, and comments from the public on draft formal opinions posted on the committee's website, all opinions, inquiries, replies, circulated drafts, records, documents, writings, files, communications with its staff, work product of the committee or its staff, and deliberations and proceedings of the committee are confidential. All communications, written or verbal, from or to the person or entity requesting an opinion or advice are deemed to be official information within the meaning of the Evidence Code. In addition, all communications and documents regarding opinions or advice of the California Judges Association forwarded by the California Judges Association to the committee are deemed to be confidential information. (2) Members of the committee and its staff may not disclose outside the committee or its staff any confidential information, including identifying information, obtained by the committee or its staff concerning an individual whose inquiry or conduct was the subject of any communication with the committee or its staff.(3) A judicial officer or candidate for judicial office may waive confidentiality; any such waiver must be in writing. If the judicial officer or candidate making the request for an opinion or advice waives confidentiality or asserts reliance on an opinion or advice in judicial or attorney discipline proceedings, such opinion or advice no longer is confidential under these rules. Notwithstanding any waiver, committee deliberations and records are confidential. (4) Members of the public and entities may submit comments on draft formal opinions for consideration by the committee members before deciding on whether to publish a final formal opinion. Such comments from the public are deemed not to be confidential communications and may be posted on the committee's website for public review at the committee's discretion.(Subd (h) amended effective January 1, 2021; adopted effective January 1, 2019.)
(i)Opinion requests(1) The committee may issue formal written opinions, informal written opinions, or expedited written opinions on any subject it deems appropriate. Any person or entity may suggest to the committee, in writing, topics to be addressed in a formal written opinion.(2) Only judicial officers and candidates for judicial office may request informal written opinions and expedited written opinions.(3) A judicial officer or candidate for judicial office requesting a written opinion, formal or informal, must submit the request in writing, including by electronic mail. The request must be in a form approved by the committee and must describe the facts and discuss the issues presented in the request. The identity, organizational affiliation, and geographic location of persons requesting opinions are confidential.(4) A judicial officer or candidate for judicial office requesting an expedited written opinion may communicate in person, in writing, including by electronic mail, or by telephone to committee staff or any member of the committee.(5) A judicial officer or candidate for judicial office requesting an opinion or advice must disclose to the committee whether the issue that is the subject of the inquiry is also the subject of pending litigation involving the inquiring judicial officer or candidate or a pending Commission on Judicial Performance or State Bar disciplinary proceeding involving the inquiring judicial officer or candidate.(j)Consideration of requests(1) The committee will determine whether a request for an opinion should be resolved with a formal written opinion, an informal written opinion, an expedited written opinion, or any combination or form of advice. The committee may decline to issue an opinion or advice.(2) Eight members must vote affirmatively to adopt a formal written opinion. After the committee authorizes a formal written opinion and before it becomes final, it will be posted in draft form on the committee's website and made available for public comment for at least 45 days, unless the committee in its discretion decides such an opinion should be issued in final form in less time or with no prior notice. Public comments may be posted on the website following the public comment period at the committee's discretion. After the public comment period has expired, eight members must vote affirmatively to publish the opinion in its original form, or to modify or withdraw the formal written opinion.(3) Informal written opinions and expedited written opinions must be approved by vote of the committee members. The committee must adopt procedures concerning the number of votes required to issue an informal written opinion or expedited written opinion.(4) The committee must adopt procedures concerning the handling and determination of requests for opinions or advice.(5) The committee will inform the inquiring judicial officer or candidate for judicial office that he or she must disclose all relevant information and that any opinion or advice issued by the committee is based on the premise that the inquiring judicial officer or candidate has disclosed all relevant information.(6) The committee may confer in person, in writing, including by electronic mail, by telephone, or by videoconference as often as needed to conduct committee business and resolve pending requests. (Subd (j) amended effective January 1, 2021; adopted effective July 1, 2009; previously amended January 1, 2019.)
(k)Opinion distribution(1) The committee will, upon final approval of a formal written opinion, ensure distribution of the opinion, including to the person or entity who requested the opinion, all California judicial officers, and other interested persons.(2) The committee's informal written opinions and expedited written opinions will, upon approval by the committee, be provided to the inquiring judicial officer or candidate for judicial office.(3) The committee will post all formal written opinions on the committee's website. The committee may post its informal written opinions and of expedited written opinions on the committee's website.(4) The committee must maintain records of committee determinations and opinions at the committee's office. (Subd (k) amended effective January 1, 2021; adopted effective July 1, 2009; previously amended effective January 1, 2019.)
(l)Withdrawn, modified, and superseding opinionsThe committee may withdraw, modify, or supersede an opinion or advice at any time.
(m) Internal operating rulesThe committee must adopt procedures, subject to approval by the Supreme Court, to implement this rule.
(Subd (m) amended effective January 1, 2019.)
(n) Website, e-mail address, and toll-free telephone numberThe committee must maintain a website, e-mail address, and toll-free telephone number.
(Subd (n) amended effective January 1, 2019.)
Rule 9.80 amended effective 1/1/2021; amended effective 1/1/2019; adopted effective 7/1/2009; previously amended effective 1/1/2016.