Opinion 80
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.4 Appointments to Governmental Positions; and 2 2.11 Recusal, Subdivision (A)(1).)
Issue:
May an associate circuit court judge serve as a member to a city zoning commission?
Discussion:
Supreme Court Rule 2, Canon 5G and its commentary states:
In the opinion of the Commission on Retirement, Removal and Discipline an associate circuit judge’s service on a zoning commission would not be service that would improve the law, the legal system, or the administration of justice.
Additionally, such service could interfere with the effectiveness and independence of the judiciary in that a zoning commission is likely to be regularly engaged in adversary proceedings. Such proceedings would require the judge’s disqualification in accordance with Supreme Court Rule 2 Canon 3C.
In conclusion it is the opinion of the Commission that the judge should not serve on the zoning commission.
(Dated: March 19, 1982)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 80
Issue:
May an associate circuit court judge serve as a member to a city zoning commission?
Discussion:
Supreme Court Rule 2, Canon 5G and its commentary states:
G. Extra-judicial Appointments. A judge should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice. A judge, however, may represent his country, state, or locality on ceremonial occasions or in connection with historical, educational, and cultural activities.
Commentary
Valuable services have been rendered in the past to the states and the nation by judges appointed by the executive to undertake important extra-judicial assignments. The appropriateness of conferring these assignments on judges must be reassessed, however, in light of the demands on judicial manpower created by today’s crowded dockets and the need to protect the courts from involvement in extra-judicial matters that my prove to be controversial. Judges should not be expected or permitted to accept governmental appointments that could interfere with the effectiveness and independence of the judiciary.
In the opinion of the Commission on Retirement, Removal and Discipline an associate circuit judge’s service on a zoning commission would not be service that would improve the law, the legal system, or the administration of justice.
Additionally, such service could interfere with the effectiveness and independence of the judiciary in that a zoning commission is likely to be regularly engaged in adversary proceedings. Such proceedings would require the judge’s disqualification in accordance with Supreme Court Rule 2 Canon 3C.
In conclusion it is the opinion of the Commission that the judge should not serve on the zoning commission.
(Dated: March 19, 1982)