Opinion 165
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(1) & (4)(a) & (4)(b) & (5).)
Issue:
May a judge speak at a civic ceremony in commemoration of the Dr. Martin Luther King, Jr. holiday? Secondly, is it appropriate for the judge to wear his robe during such an address?
Discussion:
Supreme Court Rule 2, Canon 5B, and its commentary states:
In Opinion 70, the Commission on Retirement, Removal and Discipline approved a judge’s service as a master of ceremonies during a Junior Miss contest sponsored by the local Jaycees. The Commission approved such service providing that the Jaycees organization was not likely to appear before the judge in adversarial proceedings, and further providing that the judge did not participate or lend the prestige of the judge’s office to the solicitation of funds.
It is the opinion of the Commission on Retirement, Removal and Discipline that it is appropriate for a judge to give an address at a civic ceremony commemorating the Dr. Martin Luther King, Jr. holiday. The judge should make sure that the judge does not participate or lend the prestige of the judge’s office to the solicitation of funds.
As to whether the judge may wear a robe during the ceremony, it is the opinion of the Commission on Retirement, Removal and Discipline that the use of a robe should be reserved for official court business. As the judge is not giving an oath of office, solemnizing marriage, or performing any other official business, the use of the judge’s robe would not be appropriate as it might detract from the dignity of the judge’s office.
(Dated: December 31, 1995)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 165
Issue:
May a judge speak at a civic ceremony in commemoration of the Dr. Martin Luther King, Jr. holiday? Secondly, is it appropriate for the judge to wear his robe during such an address?
Discussion:
Supreme Court Rule 2, Canon 5B, and its commentary states:
B. Civil and Charitable Activities. A just may participate in civil and charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of judicial duties. A judge may serve as an officer, director, trustee, or nonlegal advisor of an educational, religious, charitable, fraternal, or civil organization not conducted for the economic or political advantage of its members, subject to the following limitations:
(1) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.
Commentary
The changing nature of some organizations and of their relationship to the law makes it necessary for a judge regularly to reexamine the activities of each organization with which the judge is affiliated to determine if it is proper to continue the relationship with it.
(2) A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization or use or permit the use of the prestige of judicial office for that purpose, but the judge may be listed as an officer, director, or trustee of such an organization. A judge should not be a speaker or the guest of honor at an organization’s fund-raising events, but a judge may attend such events.
In Opinion 70, the Commission on Retirement, Removal and Discipline approved a judge’s service as a master of ceremonies during a Junior Miss contest sponsored by the local Jaycees. The Commission approved such service providing that the Jaycees organization was not likely to appear before the judge in adversarial proceedings, and further providing that the judge did not participate or lend the prestige of the judge’s office to the solicitation of funds.
It is the opinion of the Commission on Retirement, Removal and Discipline that it is appropriate for a judge to give an address at a civic ceremony commemorating the Dr. Martin Luther King, Jr. holiday. The judge should make sure that the judge does not participate or lend the prestige of the judge’s office to the solicitation of funds.
As to whether the judge may wear a robe during the ceremony, it is the opinion of the Commission on Retirement, Removal and Discipline that the use of a robe should be reserved for official court business. As the judge is not giving an oath of office, solemnizing marriage, or performing any other official business, the use of the judge’s robe would not be appropriate as it might detract from the dignity of the judge’s office.
(Dated: December 31, 1995)