March 01, 2014

When Roles Collide: Judicial Ethics and Problem-Solving Judges

Cynthia Gray

The nontraditional role judges play in problem-solving courts can create a tension with ethics rules that are based on the traditional concepts of judicial independence, integrity, and—particularly relevant in this context—impartiality. The judiciary—in codes, advisory opinions, and decisions—is only beginning to wrestle with the possible conflicts between the objective detachment integral to codes of judicial conduct and the active engagement inherent in problem-solving courts.

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