Question 8, 2018 Legal Ethics Bar Exam

VIII

(Question VIII, Legal and Judicial Ethics, 2018 Bar Exam)

Judge Celso Camarin posted in the bulletin board of his sala for two weeks, an advertisement which says: “Wanted attractive waitresses, personable waiters and cooks who may be interested in applying for employment in my family’s restaurant business. Interested applicants may submit applications to Branch XXX, RTC of Camarines Sur.” The screening of some applicants was also conducted in the Judge’s office.

What provisions, if any, of the Code of Judicial Conduct did Judge Camarin violate? (2.5%)

Suggested Answer:

Under the Code of Judicial Conduct, Judge Camarin violated the following provisions:

Canon 2: A judge should avoid impropriety and the appearance of impropriety in all activities.

Rule 5.02, Canon 5: A judge shall refrain from financial and business dealing that tend to reflect adversely on the court’s impartiality, interfere with the proper performance of judicial activities or increase involvement with lawyers or persons likely to come before the court.

Section 1, Canon 4: Propriety and the appearance of propriety are essential to the performance of all the activities of a judge.

Section 8, Canon 4: Judges shall not use or lend the prestige of the judicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties.

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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