Opinion 121
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.1 Extrajudicial Activities in General and Comment 1; 2 3.12 Compensation for Extrajudicial Activities; and 2-2.10 Judicial Statements on Pending and Impending Cases, Subdivision (A).)
Issue:
May an associate circuit judge speak at a training session for police officers and discuss the types of problems that arise in driving while intoxicated cases and what steps those police officers might take to better prepare cases before they come to court?
Discussion:
Supreme Court Rule 2, Canon 4 states:
In the opinion of the Commission on Retirement, Removal and Discipline, a judge may lecture to police officers concerning the law and the legal system as it relates to driving while intoxicated cases. Further, the judge may teach the police officers methods in which to better prepare their cases before they come to court.
The judge, however, should not accept any remuneration for this service if it comes from a government source. Further, the judge should not discuss any pending cases and should not make statements which give the impression that the judge had a pre-determined ruling or sentencing policy with regard to driving while intoxicated cases. Such statements may cast doubt on the judge’s capacity to impartially decide driving while intoxicated cases that come before him.
(Dated: December 23, 1985)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 121
Issue:
May an associate circuit judge speak at a training session for police officers and discuss the types of problems that arise in driving while intoxicated cases and what steps those police officers might take to better prepare cases before they come to court?
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 others activities concerning the administration of justice.
In the opinion of the Commission on Retirement, Removal and Discipline, a judge may lecture to police officers concerning the law and the legal system as it relates to driving while intoxicated cases. Further, the judge may teach the police officers methods in which to better prepare their cases before they come to court.
The judge, however, should not accept any remuneration for this service if it comes from a government source. Further, the judge should not discuss any pending cases and should not make statements which give the impression that the judge had a pre-determined ruling or sentencing policy with regard to driving while intoxicated cases. Such statements may cast doubt on the judge’s capacity to impartially decide driving while intoxicated cases that come before him.
(Dated: December 23, 1985)