Opinion 134
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-3.4 Appointments to Governmental Positions.)
Issue:
May an associate circuit judge serve as a member of a citizen’s steering committee? The committee would be appointed by the city council and would prepare proposals to the city council for improving the city’s economy, basic resources, cultural and recreational activities, and the building environment.
Discussion:
Supreme Court Rule 2, Canon 5(g) and its commentary states:
In the opinion of the Commission on Retirement, Removal and Discipline, an associate circuit judge’s service on a citizen’s steering committee would not be a service that would improve the law, the legal system, or the administration of justice. Additionally, such services could involve the judge in extra-judicial matters that may prove to be controversial and interfere with the judge’s effectiveness and independence. Therefore the judge should not serve on the citizen’s steering committee.
(Dated: June 22, l987)
COMMISSION ON RETIREMENT, REMOVAL & DISCIPLINE
OPINION 134
Issue:
May an associate circuit judge serve as a member of a citizen’s steering committee? The committee would be appointed by the city council and would prepare proposals to the city council for improving the city’s economy, basic resources, cultural and recreational activities, and the building environment.
Discussion:
Supreme Court Rule 2, Canon 5(g) and its commentary states:
A judge should not accept appointment to a governmental committee, commission, or other positions 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, an associate circuit judge’s service on a citizen’s steering committee would not be a service that would improve the law, the legal system, or the administration of justice. Additionally, such services could involve the judge in extra-judicial matters that may prove to be controversial and interfere with the judge’s effectiveness and independence. Therefore the judge should not serve on the citizen’s steering committee.
(Dated: June 22, l987)