Judicial Comments on Pending Cases

The Ethical Restrictions and the Sanctions—a Case Study of the Microsoft Litigation

In our legal system, the most authoritative figures are the judges. Yet, despite the increased demands and offers for media commentary that judges must be receiving, in the following article, Professor Ronald Rotunda explains that judges are ethically prohibited from providing ex parte commentary about ongoing cases. He argues that the prohibition is and should be absolute-whether dealing with print or electronic media. This is especially true if the judge is presiding over the case. Professor Rotunda draws his primary examples from the recent media coverage surrounding the Microsoft antitrust trial; but he contends that the rules apply across the board.*Albert E. Jenner, Jr. Professor of Law, University of Illinois College of Law

The full text of this Article is available to download as a PDF.