Opinion 158
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.1 Extrajudicial Activities in General and Comment 1; and 2 4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (D).)
Issue:
May a senior judge publicly express his views and testify before the Missouri legislature concerning proposed legislation to create a new judicial circuit. The legislation would affect judicial efficiency but would also have political implications.
Discussion:
The Commission has previously determined that a retired judge who serves as a senior judge is bound by the proscriptions of the Code of Judicial Conduct in the same manner as if he had not retired (Opinion 151).
The issue becomes then, whether the judge’s testimony before the legislature is allowed under the part of Canon 4B which permits a judge to consult with and appear before a legislative body on matters “concerning the law, the legal system, and the administration of justice." These same requirements are also imposed concerning the political implications of the judge’s activities. That is Canon 7A(4) requires that a “a judge should not engage in any other political activity except on measures to improve the law, the legal system, or the administration of justice."
In the opinion of the Commission on Retirement, Removal and Discipline, the judge’s consultation with and appearance before the legislature on proposed legislation to create a new judicial circuit is a matter which concerns the law, the legal system, and the administration of justice. As such, the canons permit and encourage such activity.
(Dated: April 24, 1991)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 158
Issue:
May a senior judge publicly express his views and testify before the Missouri legislature concerning proposed legislation to create a new judicial circuit. The legislation would affect judicial efficiency but would also have political implications.
Discussion:
The Commission has previously determined that a retired judge who serves as a senior judge is bound by the proscriptions of the Code of Judicial Conduct in the same manner as if he had not retired (Opinion 151).
The issue becomes then, whether the judge’s testimony before the legislature is allowed under the part of Canon 4B which permits a judge to consult with and appear before a legislative body on matters “concerning the law, the legal system, and the administration of justice." These same requirements are also imposed concerning the political implications of the judge’s activities. That is Canon 7A(4) requires that a “a judge should not engage in any other political activity except on measures to improve the law, the legal system, or the administration of justice."
In the opinion of the Commission on Retirement, Removal and Discipline, the judge’s consultation with and appearance before the legislature on proposed legislation to create a new judicial circuit is a matter which concerns the law, the legal system, and the administration of justice. As such, the canons permit and encourage such activity.
(Dated: April 24, 1991)