Disciplining Judges for Nonofficial Conduct: A Survey and Critique of the Law

States have made clear in recent years, through their constitutions and judicial decisions, that judges may face discipline for improper behavior that does not relate to official judicial duties. In this article, the author explains the logical and legal bases for sanctioning such nonofficial conduct. Following an exhaustive listing of specific nonofficial acts for which judges have been disciplined, the author examines some questions about the propriety of scrutinizing a judge's conduct off the bench.