Opinion 150
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.4 Appointments to Governmental Positions; and “Application, Section I. Applicability of this Code.” See also Rule 2-1.1 Compliance with the Law.)
Issue:
May an associate judge who hears driving while intoxicated cases serve as a member of the Missouri Counsel on Alcohol and Other Drug Abuse. This council is created in accordance with V.A.M.S. Section 631.020 R.S.Mo.
Discussion:
Supreme Court Rule 2, Canon 5 (G) states:
The Commission in the past has opined that a judge should not serve on the following governmental committee and commissions: a county government task force charged with the future planning of a county library (Opinion 135); a city council’s citizens steering committee (Opinion 116); county port authority and industrial development commissions (Opinion 84A); a city’s annexation advisory committee (Opinion 84A); and the board of directors of Southeast Missouri Legal Services Corporation (Opinion 84A).
In the opinion of the Commission on Retirement, Removal and Discipline the Missouri Advisory Council on Alcohol and Other Drug Abuse is a governmental committee or commission which falls within the pervue of Canon 5 (G). It is also the Commission’s opinion that such a committee is concerned with issues of fact or policy on matters other than the improvement of law, the legal system or the administration of justice and as a result the judge’s service on this council is prohibited.
(Dated: September 12, 1990)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 150
Issue:
May an associate judge who hears driving while intoxicated cases serve as a member of the Missouri Counsel on Alcohol and Other Drug Abuse. This council is created in accordance with V.A.M.S. Section 631.020 R.S.Mo.
Discussion:
Supreme Court Rule 2, Canon 5 (G) states:
A judge should not accept appointment 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.
The Commission in the past has opined that a judge should not serve on the following governmental committee and commissions: a county government task force charged with the future planning of a county library (Opinion 135); a city council’s citizens steering committee (Opinion 116); county port authority and industrial development commissions (Opinion 84A); a city’s annexation advisory committee (Opinion 84A); and the board of directors of Southeast Missouri Legal Services Corporation (Opinion 84A).
In the opinion of the Commission on Retirement, Removal and Discipline the Missouri Advisory Council on Alcohol and Other Drug Abuse is a governmental committee or commission which falls within the pervue of Canon 5 (G). It is also the Commission’s opinion that such a committee is concerned with issues of fact or policy on matters other than the improvement of law, the legal system or the administration of justice and as a result the judge’s service on this council is prohibited.
(Dated: September 12, 1990)