Would you feel any differently if, instead of a judge, the same situation involved a prosecutor or defense attorney? Why or why not?

You are a court administrator in County District Court, supervised by Chief Judge Williams. While walking through staff office area today, you believe you overhear a court reporter say that on two occasions that week, Judge Williams smelled like he had alcohol on his breath. They stifle their conversation when they see you walk by. Later that day, you send your administrative assistant to Judge Williams’ chambers to borrow a budget sheet. When he returns, he tells you that the judge appeared to smell of alcohol. A week later, while working late, the judge summons you to his office. There he explains that he is awaiting a jury verdict, and while casually chatting, he makes himself a cocktail. In fact, he eventually consumes several of these drinks (and appears to be more than “tipsy”). When word comes that the jury has returned with its verdict, he quickly leaves his office to return to the bench

a. What, if anything, are you ethically bound to do regarding Judge Williams? b. Do you draw a distinction between his drinking, which occurred while he was in his office versus while he is in the court chamber and sitting on the bench? c. Do you draw a distinction between someone merely smelling alcohol versus actually seeing him drink alcohol? The number of occasions people have smelled alcohol on his breath? Whether he only smelled of alcohol, as opposed to appearing to be intoxicated? Whether he acted inappropriately, unprofessionally, or incompetently while in the observed condition or after drinking alcohol? d. Would you feel any differently if, instead of a judge, the same situation involved a prosecutor or defense attorney? Why or why not?

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