Opinion 146
(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 and Comment. See also Rule 2-1.2 Promoting Confidence in the Judiciary.)
Issue:
May a judge be a member of the Board of Directors of a city public library?
Discussion:
Supreme Court Rule 2, Canon 5G and its commentary states:
In the opinion of the Commission on Retirement, Removal and Discipline, a judge’s service on the Board of Directors of a city library is a service which is “in connection with historical, educational, and cultural activities” and as such is not prohibited under Canon 5G.
It is the further opinion of the Commission, that while approving such service, the judge should take care that his service on the library Board of Directors does not involve him in controversial matters which might interfere with the judge’s effectiveness and independence. The judge should abstain from voting on any such issues which might appear before the Board.
(Dated: February 28, 1990)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 146
Issue:
May a judge be a member of the Board of Directors of a city public library?
Discussion:
Supreme Court Rule 2, Canon 5G and its commentary states:
A judge should not accept appointments to a governmental committee, commission, or other position 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 county, state, or locality on ceremonial occasions or in connections 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 executives to undertake important extra-judicial assignments. The 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, a judge’s service on the Board of Directors of a city library is a service which is “in connection with historical, educational, and cultural activities” and as such is not prohibited under Canon 5G.
It is the further opinion of the Commission, that while approving such service, the judge should take care that his service on the library Board of Directors does not involve him in controversial matters which might interfere with the judge’s effectiveness and independence. The judge should abstain from voting on any such issues which might appear before the Board.
(Dated: February 28, 1990)