2016 (Legal Ethics) Bar Exam Questions: Question 2

[Answer/discuss the question below, or see 2016 bar exam Legal Ethics Instructions; 2016 Mercantile Law questions: 12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-II-

State at least five (5) instances where judges should disqualify themselves from participating in any proceedings where their impartiality might reasonably be questioned. (5%)

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  1. BAR EXAM QUESTION NO.2(LEGAL ETHICS)

    State at least five (5) instances where judges should disqualify themselves from participating in any proceedings where their impartiality might reasonably be questioned. (5%)

    SUGGESTED ANSWER:

    The Code of Judicial Conduct further elaborate the above rule in this manner:

    Rule 3.12 A judge should take no part in a proceeding where the judges impartiality might reasonably be questioned. These cases include proceedings where:

    (a) The judge has personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

    (b) The judge served as executor, adminitrator, guardian, trustee or lawyer in the case or matters in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein;

    (c) The judges ruling in a lower court is the subject of review;

    (d) The judge is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree;

    (e) The judge knows that the judges spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.

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