Over the last three months, the Massachusets judicial ethics board have made history twice.
First, in December of 2016, it issued an "ethical" opinion for state judges advising them that they cannot really attend the so-called "Women's March" (which as in reality an anti-Trump march, the next day after the new President's inauguration) - because that will reveal the judge's political preferences.
So, even on the judge's free time (it was a Sunday), not wearing the black robe, the judge cannot reveal his or her true feelings.
Massachusetts judges are, thus, given an unmistakeable message - if you have biases, hide them.
Displaying your biases is unethical.
On the same day, December 9, 2016, Massachusetts ethical advisory board issued yet another astounding "ethical" opinion - in an intricate situation.
Massachusetts, unlike other states, apparently does not require that suspended or disbarred attorneys are prohibited to work in a law office as paralegals.
So, the judge, before coming to the bench, employed a disbarred attorney as a paralegal, at the direct permission of the Massachusetts Supreme Court.
Now the judge wanted, as the disbarred attorney's former employer, to testify for the attorney in his reinstatement proceedings voluntarily.
The advisory opinion said - "no", you can't do that.
A judge, in the opinion of the State of Massachusetts, can only testify at such a proceeding about his own experience as an employer BEFORE he came to the bench, if he is subpoenaed.
While the rationale of the opinion is that the judge, by voluntarily testifying for an attorney, is "lending the prestige of judicial office" to his testimony, of course, that's bullshit.
The judge actually wants to testify, he is actually friendly to the former employee, friendly to the point of agreeing to sacrifice his time to testify for him in his reinstatement proceedings.
There must be no difference for the reinstatement commission whether a witness is testifying voluntarily or on a subpoena - and whether he is a judge or not a judge.
But, it DOES matter in the future if the same attorney, once reinstated, appears in front of the same judge, and the issue of bias is raised because the judge volunteered to testify for the attorney in his reinstateme proceedings.
What the advisory opinion does is it protects the judge of future motions to recuse, pointing out a way of how to duck such a possible future motion by saying - oh, now, I did not really want to testify there, but it was outside of my control, I was subpoenaed.
Of course, that would be a lie, but - advisory opinions are clear.
Appearances matter.
Common sense or showing actual judicial biases to the public do not.
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