Judges and Judicial Conduct
To help facilitate access to the State Law Library's print legal resources, our librarians have selected the most noteworthy titles in our collection and arranged them here by subject.
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» Texas Titles
Handbook of Texas lawyer and judicial ethics : Attorney tort standards, attorney ethics standards, judicial ethics standards
Latest received: 2022 Editions. Thomson/West. c2002-.
This title provides an analysis of ethical behavior under Texas legal rules and standards. Full texts of the Texas Disciplinary Rules of Professional Conduct, the Texas Rules of Disciplinary Procedure, and the Code of Judicial Conduct are provided with annotations. Analysis focuses on both attorney and judicial ethical standards. Disciplinary opinions, findings, orders, and procedure are all discussed. This title is updated annually.
KFT 209 T4 V.48-48B
» Federal/General Titles
The American bench : Judges of the nation
Reginald Bishop Forster & Associates. Latest received:2012.
"The American Bench, since 1977, is the only directory with biographical information for more than 20,000 judges in all levels of federal, state and local courts with jurisdictional, structural and geographical facts on the courts they serve, as provided by federal sources and by the individual states." - from the publisher
KF 8700 A19 A42
Annotated model code of judicial conduct
American Bar Association. 2nd ed. c2011.
The second edition of this title is intended to assist in the establishment of judicial conduct standards. The book is divided into the different canons of judicial conduct with each rule carefully annotated with case law, ethics opinions, and law review articles. Also available is a CD-ROM which can be requested at the reference desk.
KF 8779 A55
Buying justice : The impact of Citizens United on judicial elections
By Skaggs, Adam. Brennan Center for Justice. c2010.
This paper examines Citizens United v. FEC, in which the United States Supreme Court struck down the long-standing federal ban on corporate independent expenditures in elections, focusing on the likely effects the decision will have on state judicial elections. The paper highlights seven states in which the impact of the decision is likely to be significant and proposes solutions for the increasing expense of judicial elections.
KF 8775 A75 S83
Debates on the federal judiciary : A documentary history
Federal Judicial Center, Federal Judicial History Office. 2013-.
"[This] volume traces the long process of defining the judiciary within the relatively brief outline provided by the Constitution. The volume includes annotated excerpts from the debates on the establishment and jurisdiction of federal trial courts, judicial tenure and impeachment of judges, judicial review of state court decisions, circuit riding and the expansion of the court system to serve a growing nation, and the impact of the Civil War on the federal courts." - from the publisher
Note: This item is also available electronically.
JU 13.2:D 35/
An ethics guide for judges & their families
By Gray, Cynthia. American Judicature Society. c2001.
A practical guide on ethics focusing on the intersection of judicial duty and family relations. Topics include favoritism, misuse of office, employment of family members, financial activities, and more. Includes a discussion guide.
KF 8779 Z9 G728
Evolution of the judicial opinion : Institutional and individual styles
By Popkin, William D. New York University Press. c2007.
Extensively researched book on the history of judicial opinion in the United States. Popkin's work traces the evolution of judicial opinion from the traditional common law system in England through the founding of the United States up to the development of the institutional and individual styles commonly seen in the 19th century and today. An examination of statutes regarding judicial reporting on a state-by-state basis narrows the focus of his analysis, allowing for a more specific and detailed view of the overall picture presented.
KF 8990 P67
Exploring judicial politics
By Miller, Mark C. Oxford University Press. 2009.
This text is an interesting look at the political aspects of the judicial branch. Written by numerous political science professors coupled with researchers from the National Center for State Courts, the editor’s goal is to examine the court’s position at the “intersection of the law and politics”. Issues discussed include judicial selection, judicial power and limits, popular perception of the judiciary and jury reform. A lengthy bibliography and table of cases is included.
Table of contents only: http://catdir.loc.gov/catdir/toc/ecip088/2008002471.html
KF 8775 M55
Fair courts : Setting recusal standards
By Sample, James. Brennan Center for Justice at New York University School of Law. c2008.
The public is increasingly skeptical that the courts are independent and impartial forums. Judicial appointments are often perceived as a reward for political loyalty, while campaign contributions from special interest groups can be perceived as buying an elected judge. The authors of this paper discuss the problems of public confidence in the courts and the problems with the existing recusal system. They offer 10 proposals "to strengthen the fairness and legitimacy of state recusal systems." Retired Chief Justice of the Texas Supreme Court, Thomas R. Phillips, contributed the foreword to the paper.
KF 8861 S24
How it works : Judicial selection in the states
American Judicature Society. c2008.
This short and concise report provides insight into the changing landscape of judicial selection procedures. Topics include the importance of the judicial role, causes for concern about judicial selection, current state selection and retention methods, and a discussion of how we can select impartial, fair, and high quality judges.
KF 8776 H69
How judges think
By Posner, Richard A. Harvard University Press. c2008.
Posner, an appellate court judge and prolific writer, seeks to shed some light on the judicial decision-making at the appellate court levels, including the U.S. Supreme Court. Posner notes that "judges are reticent to talk about judging." This cloaking of the process preserves the "aura of professionalism," but it does not add to the legal profession or public's trust of the judicial branch. Nor does it allow judges to critically analyze the decision-making process. Posner describes various intellectual approaches to judging and the strengths and weaknesses of each. Posner seems to conclude that as much as judges want to believe they base their decisions on legal theory alone, they are a product of their own personal and political leanings.
KF 8775 P67
Inside merit selection : A national survey of judicial nominating commissioners
By Caufield, Rachel Paine. American Judicature Society Elmo B. Hunter Citizens Center for Judicial Selection. c2012.
"During the summer of 2011, The American Judicature Society conducted a nationwide survey of Judicial Nominating Commissioners. Nominating commissions exist in 36 states and the District of Columbia to recruit, screen, evaluate, and recommend individuals for appointment to fill vacancies in the state courts. The survey was designed to gather information about the membership, rules, procedures, practices, and effectiveness of Judicial Nominating Commissions from those who know it best – the commissioners. This information can be used to better understand how current systems operate and to evaluate proposals that would alter existing merit selection systems or institute new ones. " - from the executive summary
KF 8776 C38
Judges on judging : Views from the bench
CQ Press. 3rd ed. c2009.
This collection of essays aims to provide insight into the role of the judiciary and to unmask a little of what the editor describes as the least well known branch of government. Each of the 34 chapters was written by a judge, and the authors range from Supreme Court justices (Roberts, Stevens, Ginsburg, Scalia, Rehnquist) to judges from the US Courts of Appeal, District Courts, and state courts. The scope of this book is quite broad, with topics ranging from trial court judges' experiences to judicial activism and judicial restraint to "What I Ate for Breakfast and Other Mysteries of Judicial Decision Making." A recommended read for legal professionals as well as laypeople interested in the judicial process.
Table of contents only: http://catdir.loc.gov/catdir/toc/ecip0826/2008036393.html
KF 8775 A75 J82
Judges under fire : Human rights, independent judges, and the rule of law
By Baer, Harold. American Bar Association, Section of Dispute Resolution. c2011.
"This slim volume seeks to illustrate what can happen when the judiciary is stripped of its independence and prevented from following the rule of law. While it provides some lessons from foreign nations where the rule of law has been sublimated to opportunistic leaders, it also provides a chilling reminder that it can happen here." - from the publisher
KF 8775 B34
Judicial conduct and ethics
Latest received: Pocket Part 2018. LexisNexis. 5th ed. c2013.
Judicial Conduct and Ethics analyzes judicial actions and accountability regarding issues of judicial demeanor and conduct, ex parte communications, administrative duty, financial activities and disclosures, civic participation, and political activity.
Note: This item is also available electronically.
KF 8779 S5
Judicial disqualification : Recusal and disqualification of judges
Latest received: 2021 Supplement. By Flamm, Richard E. Banks & Jordan Law Pub. 3rd edition. c2017.
This treatise, updated in 2017, covers various grounds for recusal and disqualification of judges. Some of the topics include bias, familial relationships, political support and outside relationships, and judicial conduct.
KF 8861 F62
The judicial role : Statutory interpretation and the pragmatic judicial partner
By Popkin, William D. Carolina Academic Press. .
Should judges be pragmatists, textualists, or intentionalists when judging? Popkin, a leading scholar in this much debated issue of statutory interpretation, makes his case for pragmatic judicial decision making. He describes this type of judging as “a creative act of judgment.” He provides a careful examination and analysis of the judge’s role in a democratic system. In his epilogue, he reflects on the growing mistrust of judges and how that may alter judicial decision making in the years to come.
KF 425 P669
Judicial writing manual : A pocket guide for judges
By Federal Judicial Center. Federal Judicial Center. Second edition. 2013.
"The [Federal Judicial] Center has prepared this manual to help judges organize opinions and improve their opinion writing. Prepared with the assistance of judges, law professors, and writers, the manual offers advice on writing tailored to the needs of the federal judiciary." - from the publisher
JU 13.8:W 93/
Model judicial selection provisions
American Judicature Society. c2008.
"First compiled in 1985 and revised in 1994, the American Judicature Society’s Model Judicial Selection Provisions offer exemplary language for establishing judicial nomination and evaluation processes of the highest quality. In early 2007, with the guidance of AJS staff, an outstanding advisory committee of members of the AJS Board of Directors began the task of updating the model provisions. The 2008 revisions represent American Judicature Society policy as to the “best practices” in selecting, retaining, and evaluating judges." - from the preface to the 2008 edition
KF 8776 M6
Reaching out or overreaching : Judicial ethics and self-represented litigants
By Gray, Cynthia. American Judicature Society. c2005.
Self-represented litigants are an increasing reality for courts at all levels, but can be a challenge for the court systems and judges. The thesis of this publication, written by the director of the American Judicature Society's Center for Judicial Ethics, is that "under the code of judicial conduct, no reasonable question is raised about a judge's impartiality when the judge, in an exercise of discretion, makes procedural accommodations that will provide a diligent self-represented litigant acting in good faith the opportunity to have his or her case fairly heard and therefore, the judge should do so." A "best practices" guide is included that provides practical suggestions to assist in fulfilling the lofty goal.
KF 8779 G73
Reflections on judging
By Posner, Richard A. Harvard University Press. 2013.
In his personal account of the state of the judiciary, Judge Posner-—a judge for the United States Court of Appeals for the 7th Circuit since 1981—-examines how the federal judiciary has evolved and the challenges it faces. Throughout the work, Posner advocates for a more realistic approach to legal matters (“legal realism”) rather than the “legal formalism” preferred by other judges. Drawing from his decades of experience on the bench, Posner offers his own insight on many aspects of the legal profession and ends the book with suggestions on what could be done to improve the state of the judiciary.
KF 9050 P55
Reporters' notes to the model code of judicial conduct
By Geyh, Charles Gardner. ABA Center for Professional Responsibility. c2009.
"This is an inside look at the analysis and decisions that were made by the Joint Commission to Evaluate the Model Code of Judicial Conduct in framing its revisions to the text of the Model Code of Judicial Conduct-- for legal scholars interested in the thinking behind language changes made to the Model Code in 2007." - from the publisher
KF 8779 G49
A study of state judicial discipline sanctions
By Gray, Cynthia. American Judicature Society. c2002.
Cynthia Gray provides an overview of the state judicial discipline systems with case examples through 2001. Disciplinary proceedings are described, categorized by the type of misconduct at issue with a focus on removal cases to provide insight into decision rationale.
KF 8779 A4 G7
Supreme Court Justice Tom C. Clark : A life of service
By Gronlund, Mimi Clark. University of Texas Press. 1st ed. 2010.
This biography of the lifelong Texan and former U.S. Supreme Court justice provides important insights into the workings of the Supreme Court and the justices who served on it during arguably the most dynamic and controversial period in court history.
KF 8745 C54 G76
Survey of judicial salaries
Latest received:V. 36 NO. 2 JUL 2011. National Center for State Courts. c1996-.
The Survey of Judicial Salaries serves as a primary source for information on state judicial officer and court administrator compensation. This resource provides an at-a-glance view of the national judicial salary means, medians, and ranges broken down by court level. All 50 states are ranked on their judicial compensation for each court level. In addition, state specific statistics for all 50 states, as well as the Federal System, American Samoa, Guam, Northern Mariana Islands, Virgin Islands, and Puerto Rico are included.
View most recent editions online: http://www.ncsc.org/microsites/judicial-salaries-data-tool/home/Archives.aspx
SURVEY JUD SALARIES
What judges want : A former judge's guide to success in court
By Stanton, James M. American Lawyer Media. 2016.
Written by a former Texas judge who draws from personal experience, this field guide contains tips, strategies, and checklists on how to effectively prepare for trial and communicate with a judge.
KF 8915 Z9 S717
What's law got to do with it? : What judges do, why they do it, and what's at stake
Stanford Law and Politics. , ♭2011.
The authors of this title take a close look at the often-heard allegation that judges are not influenced solely by the law itself. Each chapter of this book is written by a different legal scholar and examines one facet of this issue. The authors first look at the study of judicial behavior itself before discussing politics, policy, and stare decisis in the context of judicial decision-making. The last two parts of this title examine how these outside influences affect the selection of judges as well as public confidence in the courts. This is a great read for anyone interested in the courts and how judges may reach their decisions.
KF 8775 A75 W48
Without fear or favor in 2011 : A new decade of challenges to judicial independence and accountability
By Defense Research Institute. DRI. 2011.
"In June 2005 DRI’s Judicial Task Force was formed to examine issues and problems facing the judiciary. The Task Force’s mission statement was to research and identify issues that threaten to disrupt the independence of the judiciary. Its groundbreaking 2007 report, Without Fear or Favor, identified a number of significant issues that threatened judicial independence.Since that report was issued, several dramatic developments have triggered new and even greater challenges to judicial independence and accountability. " - page 5
KF 8719 W58