A judge should not extrajudicially notify others of upcoming foreclosure sales or details about those cases in mortgage foreclosures over which the judge presided.

Acting March 13 in Opinion Number: 2025-05, the Judicial Ethics Advisory Committee was responding to an inquiry that asked if there were limitations on what a judge can advise to relatives and others who may be interested in properties listed for upcoming foreclosure sales in cases over which the inquiring judge presided. The inquiring judge noted all sales are listed on a public website and the auctions are conducted by the clerk of court at least 35 days after the judge signs the orders.

The judicial ethics panel opined that sharing information about upcoming judicial sales beyond that given to the general public implicates Canon 5 of the Code of Judicial Conduct, which provides: “A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict with Judicial Duties.”