Opinion 73
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-1.1 Compliance with the Law; and 2-1.2 Promoting Confidence in the Judiciary.)
Issue:
May a judge allow his picture to appear in a newspaper advertisement which would feature the headline “Drunk Drivers Beware?” At the bottom of the judge’s picture would be a quote relating the dangers of drinking and driving and the penalties which could be expected.
Discussion:
Supreme Court Rule 2, Canon 2(a) states:
It is the opinion of the Commission on Retirement, Removal and Discipline that for a judge to allow his name and picture to be used in an advertisement warning drivers of the dangers of driving and drinking and the “stiff penalties” that can be expected would not promote public confidence in the integrity and impartiality of the judiciary. Further, the advertisement might give the impression that the judge has a preconceived sentencing policy which is not influenced by the facts of each individual case. Finally, it is the Commission’s opinion that the judge should not allow his name to be used in the proposed advertisement.
(Dated: December 18, 1981)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 73
Issue:
May a judge allow his picture to appear in a newspaper advertisement which would feature the headline “Drunk Drivers Beware?” At the bottom of the judge’s picture would be a quote relating the dangers of drinking and driving and the penalties which could be expected.
Discussion:
Supreme Court Rule 2, Canon 2(a) states:
A judge should respect and comply with the law and conduct himself at all times in a manner which promotes public confidence in the integrity and impartiality of the judiciary.
It is the opinion of the Commission on Retirement, Removal and Discipline that for a judge to allow his name and picture to be used in an advertisement warning drivers of the dangers of driving and drinking and the “stiff penalties” that can be expected would not promote public confidence in the integrity and impartiality of the judiciary. Further, the advertisement might give the impression that the judge has a preconceived sentencing policy which is not influenced by the facts of each individual case. Finally, it is the Commission’s opinion that the judge should not allow his name to be used in the proposed advertisement.
(Dated: December 18, 1981)