Opinion 84A
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-1.2 Promoting Confidence in the Judiciary; 2-3.4 Appointments to Governmental Positions; 2-2.11 Recusal; and “Application, Section I. Applicability of this Code.”)
Issue:
May a judge accept compensation for services as an attorney for a county election board, a local public school district, or as a city attorney for another city?
Secondly, may a judge accept compensation for services as a member of the following organizations:
Third, may a judge serve as attorney for any of the above-stated organizations without compensation?
Discussion:
Article V, Section 20 of the Constitution of the State of Missouri provides:
In the opinion of the Commission on Retirement, Removal and Discipline, Article V, Section 20 of the Constitution means that no full-time or part-time judge shall accept payment from the State of Missouri for any public service other than the salary received as a judge. Thus, those agencies and commissions which receive funding from the State of Missouri cannot pay fees to any judge for any public service. This is true even if the judge receives no judicial salary from the State of Missouri.
As to whether a judge can serve on agencies and commissions without compensation depends on the judge’s status as full or part time.
The full-time judge is governed by Supreme Court Rule 2 and 5G which states: “A Judge Should Avoid Impropriety and the Appearance of Impropriety in His Official Activities,”
In the Opinion of the Commission on Retirement, Removal and Discipline, all the public services listed in the Issue are concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice. Accordingly, the full-time judge’s participation in these public services violates Supreme Court Rule 2 Canon 2 and 5G.
A part-time judge is not required to comply with Canons 4, 5, 6 and 7. Accordingly, the only Canon which applies to the part-time judge’s service without compensation on the commissions and agencies listed in the Issue is Canon 2 concerning the appearance of impropriety. A determination of whether service on a particular commission or agency creates the appearance of impropriety depends on the frequency with which the commission or agency appears before the judge. Also to be considered is whether the judge’s services on the commission or agency will result in frequent disqualifications in accordance with Supreme Court Rule 2 Canon 3C.
In conclusion, all state and municipal judges shall not accept compensation for any public service from the State of Missouri other than their judicial salary. Full-time judges may not serve on the listed commissions and agencies without compensation as such service is in violation of Supreme Court Rule 2 Canon 2 and 5G. Part-time judges may serve with the listed commissions and agencies without compensation so long as such service does not create an appearance of impropriety.
(Dated: November 18, l982)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 84A
Issue:
May a judge accept compensation for services as an attorney for a county election board, a local public school district, or as a city attorney for another city?
Secondly, may a judge accept compensation for services as a member of the following organizations:
1. County Port Authority and Industrial Development Commissions
2. City’s Annexation Advisory Committee
3. Board of Directors of Southeast Missouri Legal Services Corporation (Legal Aid).
2. City’s Annexation Advisory Committee
3. Board of Directors of Southeast Missouri Legal Services Corporation (Legal Aid).
Third, may a judge serve as attorney for any of the above-stated organizations without compensation?
Discussion:
Article V, Section 20 of the Constitution of the State of Missouri provides:
No judge shall receive any other or additional compensation for any public service.
In the opinion of the Commission on Retirement, Removal and Discipline, Article V, Section 20 of the Constitution means that no full-time or part-time judge shall accept payment from the State of Missouri for any public service other than the salary received as a judge. Thus, those agencies and commissions which receive funding from the State of Missouri cannot pay fees to any judge for any public service. This is true even if the judge receives no judicial salary from the State of Missouri.
As to whether a judge can serve on agencies and commissions without compensation depends on the judge’s status as full or part time.
The full-time judge is governed by Supreme Court Rule 2 and 5G which states: “A Judge Should Avoid Impropriety and the Appearance of Impropriety in His Official Activities,”
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 may 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, all the public services listed in the Issue are concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice. Accordingly, the full-time judge’s participation in these public services violates Supreme Court Rule 2 Canon 2 and 5G.
A part-time judge is not required to comply with Canons 4, 5, 6 and 7. Accordingly, the only Canon which applies to the part-time judge’s service without compensation on the commissions and agencies listed in the Issue is Canon 2 concerning the appearance of impropriety. A determination of whether service on a particular commission or agency creates the appearance of impropriety depends on the frequency with which the commission or agency appears before the judge. Also to be considered is whether the judge’s services on the commission or agency will result in frequent disqualifications in accordance with Supreme Court Rule 2 Canon 3C.
In conclusion, all state and municipal judges shall not accept compensation for any public service from the State of Missouri other than their judicial salary. Full-time judges may not serve on the listed commissions and agencies without compensation as such service is in violation of Supreme Court Rule 2 Canon 2 and 5G. Part-time judges may serve with the listed commissions and agencies without compensation so long as such service does not create an appearance of impropriety.
(Dated: November 18, l982)