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Opinion 58

(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are See Rules 2-4.1 Political Conduct of Judges and Judicial Candidates in General; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A).)

COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE

OPINION 58

Issue:

May a Circuit Judge who was appointed under the non-partisan court plan be a member of a dinner committee at a dinner honoring the judge’s friend with a Humanitarian Award?

Discussion:

Supreme Court Rule 2, Canon 7 requires that a judge should refrain from political activity inappropriate to his judicial office.  However it is the Commission’s opinion that a dinner function for the purpose of honoring the recipient of a Humanitarian Award is not a political activity.

Supreme Court Rule 2, Canon 5B states:  “A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties”.

It is the further opinion of the Commission that the judge’s participation in this dinner would not adversely reflect on his impartiality.

Accordingly, it is the Commission’s opinion that the judge may serve on the dinner committee in question.

(Date: January 26, 1981)