Multistate Professional Responsibility Examination (MPRE)Judicial ConductEasy
Judge Lee is presiding over a highly publicized criminal trial. During a recess, a local reporter approaches Judge Lee in the hallway and asks for her opinion on the prosecution's handling of a particular piece of evidence, noting that public opinion is divided. Judge Lee politely declines to comment, stating, 'I cannot discuss any aspect of a pending case outside of court.' Is Judge Lee's response appropriate?
- ANo, she should have provided a brief, neutral statement to satisfy public interest without compromising the case.
- BYes, but only if the reporter had explicitly identified themselves as a member of the press.
- CYes, because judges must avoid public comment on the merits of a pending or impending case.
- DNo, a judge should refer all media inquiries to the court's public information officer.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, because judges must avoid public comment on the merits of a pending or impending case.
Judges are strictly prohibited from commenting publicly on the merits or anticipated outcome of any pending or impending matter in any court. Judge Lee's response correctly adheres to this rule, maintaining judicial impartiality and avoiding any appearance of prejudgment.
Why the other options are wrong
- A. Even a 'brief, neutral statement' on the merits could be seen as commenting on the case and is generally to be avoided.
- B. The rule against commenting on pending cases applies regardless of whether the questioner identifies themselves as press, as it concerns the judge's conduct, not the questioner's identity.
- D. While referring to a PIO is an option, directly declining to comment on the merits of a pending case is also appropriate and sometimes necessary.
Judicial Public Comment (Pending Cases)
Judges must not make public comments that might reasonably be expected to affect the outcome or impair the fairness of a pending or impending matter in any court, or make any nonpublic comment that might substantially interfere with a fair trial or hearing.
- Strict prohibition on public comments about the merits of pending cases.
- Aims to preserve impartiality and ensure fair trial.
- Exceptions for public statements in course of official duties (e.g., explaining procedures).
Memory trick: A judge's 'lips' are 'sealed' on 'pending cases' to keep justice 'pure'.