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Friday, July 04, 2025

Opinion 74

(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-3.1 Extrajudicial Activities in General and Comment 1.  See also Rule 2-2.10 Judicial Statements on Pending and Impending Cases, Subdivision (A).)

COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE

OPINION 74

Issue:

May a judge be interviewed on a radio station on an educational program concerning consumer affairs?

Discussion:

Supreme Court Rule 2, Canon 4 states:

A judge, subject to the proper performance of his judicial duties, may engage in the following quasi-judicial activities, if in doing so he does not cast doubt on his capacity to decide impartially any issue that may come before him:

A.    He may speak, write, lecture, teach and participate in other activities concerning the law, the legal system, and the administration of justice.

It is the opinion of the Commission on Retirement, Removal and Discipline that the judge may participate in the interview.  However, the judge should be careful not to comment on any pending case or to express a preconceived opinion which would cast doubt on his capacity to impartially decide any issue that may come before him, and should stress this fact in his remarks.

(Dated:  January 7, 1982)