Opinion 68
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (B).)
Issue:
May a judge who must run for election attend a convention of the Missouri Federation of Women’s Democratic Clubs? Also, may the judge act as Parliamentarian during that convention?
Discussion:
Supreme Court Rule 2, Canon 7(a)(2) states:
It is the Commission’s opinion that the judge may attend the Missouri Federation of Women’s Democratic Clubs convention. However, it is the further opinion of the Commission that for the judge to act as Parliamentarian during the convention would give the appearance that the judge is functioning as a party leader in violation of Canon 7(A)(2). Further, it is the opinion of the Commission that the duties of a Parliamentarian at such a convention would extend beyond speaking on her own behalf. Accordingly, the judge may attend the convention, however, she may not act as Parliamentarian.
(Dated: September 3, 1981)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 68
Issue:
May a judge who must run for election attend a convention of the Missouri Federation of Women’s Democratic Clubs? Also, may the judge act as Parliamentarian during that convention?
Discussion:
Supreme Court Rule 2, Canon 7(a)(2) states:
(2) Where it is necessary that a judge be nominated and elected as a candidate of a political party, an incumbent judge or candidate for election to judicial office may attend or speak on his behalf at political gatherings, and may make contributions to the campaign funds of the party of his choice. However, he should neither accept nor retain a place on any party committee, nor act as party leader, nor solicit contributions to party funds.”
It is the Commission’s opinion that the judge may attend the Missouri Federation of Women’s Democratic Clubs convention. However, it is the further opinion of the Commission that for the judge to act as Parliamentarian during the convention would give the appearance that the judge is functioning as a party leader in violation of Canon 7(A)(2). Further, it is the opinion of the Commission that the duties of a Parliamentarian at such a convention would extend beyond speaking on her own behalf. Accordingly, the judge may attend the convention, however, she may not act as Parliamentarian.
(Dated: September 3, 1981)