Opinion 137
(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 write a letter to the Missouri Bar and the Supreme Court recommending that a disbarred attorney have his license to practice law reinstated?
Discussion:
Supreme Court Rule 2, Canon 2B states:
In Opinion 133 the Commission discussed allowing a judge to send a letter of recommendation on behalf of a person seeking employment. The pertinent language of Canon 2B is whether a recommendation letter lends “the prestige of his office to advance the private interests of other.” The Commission stated, in Opinion 133:
Opinion 133, however, held that a judge could write a letter of recommendation indicating the background and character to the Bar concerning applicants for admission. It was the Commission’s opinion that a recommendation
The present issue is whether a judge may recommend a disbarred attorney for reinstatement to the Missouri Bar and the Supreme Court. In the opinion of the Commission, a judge’s recommendation to the Missouri Bar and the Supreme Court in this case would involve a proceeding of a civil or administrative nature where the disbarred attorney legal rights, duties, privileges or immunities are ultimately determined. Therefore, the judge should not give such a recommendation without a subpoena or a specific request from the Missouri Bar or the Supreme Court.
(Issued: August 29, l988)
COMMISSION ON THE RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 137
Issue:
May a judge write a letter to the Missouri Bar and the Supreme Court recommending that a disbarred attorney have his license to practice law reinstated?
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 the 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.
In Opinion 133 the Commission discussed allowing a judge to send a letter of recommendation on behalf of a person seeking employment. The pertinent language of Canon 2B is whether a recommendation letter lends “the prestige of his office to advance the private interests of other.” The Commission stated, in Opinion 133:
This language as it pertains to reference letters refers to a judge’s testimony or character reference letter is 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.
Opinion 133, however, held that a judge could write a letter of recommendation indicating the background and character to the Bar concerning applicants for admission. It was the Commission’s opinion that a recommendation
given in the ordinary 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.
The present issue is whether a judge may recommend a disbarred attorney for reinstatement to the Missouri Bar and the Supreme Court. In the opinion of the Commission, a judge’s recommendation to the Missouri Bar and the Supreme Court in this case would involve a proceeding of a civil or administrative nature where the disbarred attorney legal rights, duties, privileges or immunities are ultimately determined. Therefore, the judge should not give such a recommendation without a subpoena or a specific request from the Missouri Bar or the Supreme Court.
(Issued: August 29, l988)