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Thursday, July 03, 2025

Opinion 128

(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.  See also Rules 2-3.12 Compensation for Extrajudicial Activities and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(1).)

COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE

OPINION 128

Issue:

May a circuit judge participate in a media publicity campaign to recruit foster families for neglected, abused and abandoned children?  The judge’s participation would include appearance on television and radio and newspaper advertisements soliciting new foster families.  The judge would not be involved in the solicitation of funds for the foster family program.

Discussion:

Supreme Court Rule 2, Canon 4, states that a judge may “speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice.”  Additionally, the commentary to Canon 4 states:

As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice. To the extent that his time permits, he is encouraged to do so, either independently or through a bar association, judicial conference, or other organization dedicated of the improvement of the law.

In the opinion of the Commission on Retirement, Removal and Discipline, the judge’s participation in a media campaign to recruit foster families is an activity which will improve the law and the administration of juvenile justice.  The Commission approves such participation.

(Undated)