May a newly elected or appointed judge accept a robe from the judge's bar association?
Apply this to your situation
This page answers the general question as of 2000. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A municipal judge asked whether a person newly elected or appointed to a judgeship could accept a robe from a bar association to which that person belonged. The Committee found nothing in the then-current Arkansas Code of Judicial Conduct that the longstanding practice infringed.
The judge also asked about further robe gifts after successive reelections. The Committee identified no particular ethical restraint in that scenario, while observing that repeated robe giving might eventually be impractical.
Currency note
This opinion predates the Arkansas Code of Judicial Conduct that took effect July 1, 2009, as stated in JEAC Opinion 2009-04. Later rules and opinions may have changed the analysis. Treat this page as historical context and verify the current Code before relying on a specific rule.
Common questions
Q: Does accepting a bar association's robe on taking office breach judicial ethics under this opinion?
A: The Committee said acceptance by a newly elected or appointed judge did not encroach on judicial ethics.
Q: Did the Committee impose a limit on robe gifts after successive reelections?
A: It identified no particular ethical restraint but said practical considerations could eventually weigh against repeated gifts.
Background and rules framework
The Committee considered the Arkansas Code of Judicial Conduct as it stood in 2000 and found no provision that the described robe-giving tradition infringed. It cited no numbered canon as the basis of the answer.
Citations and references
- Arkansas Code of Judicial Conduct, without a numbered canon citation.
See also
No sibling opinions yet indexed.
Source
- Landing page: https://jddc.arkansas.gov/opinions/opinion-no-00-10/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
November 16, 2000
Honorable Vic Fleming
Municipal Judge
Little Rock Municipal Court, 2nd Div.
600 W. Markham
Little Rock, AR 72201
RE: Advisory Opinion # 2000-10
Dear Judge Fleming:
You have asked this committee whether it is permissible for someone elected or appointed to a judgeship to accept a robe from a bar association of which that person is a member.
This long standing and wide spread practice dates back some half a century to a time when judges in this state began wearing robes. We find nothing in the Arkansas Code of Judicial Conduct on which this tradition infringes, nor do any of the advisory opinions from other states criticize the practice. In our opinion, the acceptance of a robe from a bar association by a newly appointed or elected judge does not encroach on judicial ethics.
You also ask what restrictions, if any, would apply in the event of successive reelections by a judge to the same or different judgeship. While we see no particular ethical restraints arising from the scenario you pose, it would seem that at some point, practicality, if not ethical considerations, would mitigate against repeated robe giving.
Sincerely,
Steele Hays
For the Committee
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