Ezel / Ethics Opinions / JUDICIAL-NE

May a judge write a favorable letter for a lawyer’s presentence investigation after recusing from the criminal case?

Short answer The Committee said such a letter would violate former Canons 1 and 2 because it would imply a request for favorable treatment and amount to voluntary character testimony.
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JUDICIAL-NE
Issued
March 16, 1989
Source
View Original PDF

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This page answers the general question as of 1989. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge had recused from criminal proceedings against a lawyer who practiced before him and asked about writing a letter for the lawyer’s presentence investigation.

The Committee concluded that the proposed letter would violate former Canons 1, 2A and 2B. It characterized the letter as an implied request to another judge for favorable treatment and as voluntary character testimony.

Currency note

This opinion was issued in 1989, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.

Common questions

Q: Could the judge write the proposed presentence letter?

A: No. The Committee concluded that it would violate the cited canons.

Q: Why did the Committee object?

A: It said the letter implied a request for favorable treatment and served as voluntary character testimony.

Background and rules framework

The opinion applied former Nebraska Canons 1, 2A and 2B to a recused judge’s proposed letter in a lawyer’s criminal case.

Citations and references

Former Nebraska Code of Judicial Conduct: Canons 1, 2A, and 2B. Cases cited: Dixon v. State Commission on Judicial Conduct, 393 N.E.2d 441 (N.Y. 1979); In re Anastasi, 388 A.2d 620 (N.J. 1979).

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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