Opinion 133
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-2.4 External Influences on Judicial Conduct; 2-1.3 Avoiding Abuse of the Prestige of Judicial Office; and 2-3.3 Testifying as a Character Witness.)
Issue:
May a judge send a letter of recommendation on behalf of a person seeking employment or further education?
Discussion:
Supreme Court Rule 2, Canon 2B states:
The pertinent language of Canon 2B is whether a recommendation letter lends “the prestige of his office to advance the private interest of others." This language as it pertains to reference letters refers to a judge’s testimony or character reference letter in an investigatory or adjudicatory proceeding of an administrative, civil or criminal nature where a person’s legal rights, duties, privileges or immunities are ultimately determined. A judge may not so testify or give a character reference without a subpoena or a specific request from the investigatory or adjudicatory agency.
On the other hand, a recommendation given in the normal course of application to an educational institution or for employment is something which is done in ordinary daily situations and does not indicate any impropriety or appearance of impropriety. It is a prerequisite to the proper operation of many institutions that recommendations be received from a cross-section of the population and there is no reason to exclude judges. An important part of any recommendation is a description of the person giving it and the use of judicial stationery would not be inappropriate.
It is the Commission’s opinion that a judge may make a recommendation indicating the background and character of an individual to any of the following examples:
However, special circumstances might make a recommendation improper, such as a recommendation for employment directed to an employer who has a case pending in the judge’s court. The judge should examine each case to insure that special circumstances do not reflect that the recommendation is a misuse or abuse of the prestige of his office.
(Undated)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 133
Issue:
May a judge send a letter of recommendation on behalf of a person seeking employment or further education?
Discussion:
Supreme Court Rule 2, Canon 2B states:
A judge should not allow his family, social, or other relationships to influence his judicial conduct or judgment. He should not lend his prestige of his office to advance the private interests of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him. He should not testify voluntarily as a character witness.
The pertinent language of Canon 2B is whether a recommendation letter lends “the prestige of his office to advance the private interest of others." This language as it pertains to reference letters refers to a judge’s testimony or character reference letter in an investigatory or adjudicatory proceeding of an administrative, civil or criminal nature where a person’s legal rights, duties, privileges or immunities are ultimately determined. A judge may not so testify or give a character reference without a subpoena or a specific request from the investigatory or adjudicatory agency.
On the other hand, a recommendation given in the normal course of application to an educational institution or for employment is something which is done in ordinary daily situations and does not indicate any impropriety or appearance of impropriety. It is a prerequisite to the proper operation of many institutions that recommendations be received from a cross-section of the population and there is no reason to exclude judges. An important part of any recommendation is a description of the person giving it and the use of judicial stationery would not be inappropriate.
It is the Commission’s opinion that a judge may make a recommendation indicating the background and character of an individual to any of the following examples:
1. A screening committee for judicial appointments;
2. The Bar concerning applicants for admission;
3. An educational institution concerning someone seeking admission;
4. To an employer concerning someone seeking employment;
5. To Martindate-Hubbell, Inc., a legal directory, concerning attorneys who practice before the judge.
2. The Bar concerning applicants for admission;
3. An educational institution concerning someone seeking admission;
4. To an employer concerning someone seeking employment;
5. To Martindate-Hubbell, Inc., a legal directory, concerning attorneys who practice before the judge.
However, special circumstances might make a recommendation improper, such as a recommendation for employment directed to an employer who has a case pending in the judge’s court. The judge should examine each case to insure that special circumstances do not reflect that the recommendation is a misuse or abuse of the prestige of his office.
(Undated)