Opinion 164
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-1.2 Promoting Confidence in the Judiciary.)
Issue:
May a part-time municipal judge serve on the Regional Advisory Counsel for the State Department of Mental Health, Division of Alcohol and Drug Abuse? The judge’s service would be involved in establishing policies and procedures for addressing substance abuse problems.
Discussion:
Under that part of Supreme Court Rule 2 concerning compliance with the Code of Judicial Conduct, it is stated that a part-time judge need not comply with Canons 4, 5, 6, and 7. However, Supreme Court Rule 2, Canon 1, states:
Additionally, Canon 2 states:
In the opinion of the Commission on Retirement, Removal and Discipline, municipal judges are frequently called upon to direct individuals to participate in alcohol and drug rehabilitation programs as part of probation and plea resolutions. For a judge to be serving with the State advisory board which is setting up policies and procedures for alcohol and drug rehabilitation programs and also to require defendants to participate in such programs created a potential for a conflict of interests and is an appearance of impropriety. The judge should not serve.
(Dated: April 5, 1995)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 164
Issue:
May a part-time municipal judge serve on the Regional Advisory Counsel for the State Department of Mental Health, Division of Alcohol and Drug Abuse? The judge’s service would be involved in establishing policies and procedures for addressing substance abuse problems.
Discussion:
Under that part of Supreme Court Rule 2 concerning compliance with the Code of Judicial Conduct, it is stated that a part-time judge need not comply with Canons 4, 5, 6, and 7. However, Supreme Court Rule 2, Canon 1, states:
A judge should uphold the integrity and independence of the judiciary.
Additionally, Canon 2 states:
A judge should avoid impropriety and the appearance of impropriety in his official duties.
In the opinion of the Commission on Retirement, Removal and Discipline, municipal judges are frequently called upon to direct individuals to participate in alcohol and drug rehabilitation programs as part of probation and plea resolutions. For a judge to be serving with the State advisory board which is setting up policies and procedures for alcohol and drug rehabilitation programs and also to require defendants to participate in such programs created a potential for a conflict of interests and is an appearance of impropriety. The judge should not serve.
(Dated: April 5, 1995)