MPRE — Multistate Professional Responsibility Exam — All Questions

Under the Model Code of Judicial Conduct, a judge must disqualify from a proceeding when:

• a.The judge's impartiality might reasonably be questioned✓
• b.The case is expected to be time-consuming
• c.One party is self-represented
• d.The judge dislikes one lawyer's style of argument

Rule 2.11(A) requires disqualification "in any proceeding in which the judge's impartiality might reasonably be questioned," including personal bias concerning a party or a party's lawyer and certain economic interests. Mere dislike of a lawyer's argument style does not meet that test.

Under the Model Code of Judicial Conduct, how far does the degree of relationship extend that can require a judge's disqualification?

• a.To the second degree of relationship.
• b.To any relative at all.
• c.Only to the judge's spouse and children.
• d.To the third degree of relationship.✓

Rule 2.11(A)(2) requires disqualification when "a person within the third degree of relationship" to the judge or the judge's spouse or domestic partner is a party, a lawyer in the proceeding, an interested person, or a likely material witness.

With the parties' consent, may a judge meet separately with each side to try to settle a case pending before her?

• a.Yes, without consent, if the judge thinks it will help.
• b.No, because only mediators may meet separately.
• c.No, because all ex parte communications are banned.
• d.Yes, with the parties' consent.✓

Rule 2.9(A)(4) states that a judge "may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to settle matters pending before the judge."

A judge may give free legal advice to which of the following?

• a.Litigants who appear before the judge.
• b.Local charities.
• c.Any friend who asks.
• d.A member of the judge's family.✓

Rule 3.10 forbids judges to practice law but allows a judge to, "without compensation, give legal advice to and draft or review documents for a member of the judge's family," while prohibiting serving as the family member's lawyer in any forum.

A judge wants to serve as executor of her close friend's estate. May she?

• a.Yes, if the estate is not in her county.
• b.Yes, if she serves without pay.
• c.No, unless the friend is a member of her family.✓
• d.No, because judges may never act as fiduciaries.

Rule 3.8(A) bars a judge from serving in a fiduciary position "such as executor" except "for the estate, trust, or person of a member of the judge's family."

Which gift may a judge accept without reporting it under Rule 3.13?

• a.A plaque honoring the judge's community service.✓
• b.A cruise from a lawyer with a pending case before the judge.
• c.A loan on better terms than the public receives.
• d.A cash gift from a frequent litigant.

Rule 3.13(B) lets a judge accept without reporting "items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards." Gifts from those appearing before the judge, and special loan terms, fall under stricter rules.