May a judge serve without pay on a community college board advising a legal-assistant program?

Plain-English summary

A chancery and probate judge asked whether the judge could accept an unpaid seat on a community college board advising its legal-assistant program. The board would help select curriculum, course materials, and teaching staff; it would not give legal opinions.

The Committee concluded that the described service did not violate the then-current Code. It treated the role as connected with education and improvement of the legal system, while conditioning the answer on the outside activity not raising reasonable doubt about the judge's impartiality, demeaning office, or interfering with judicial duties.

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: Did the board's connection with a state college itself bar the judge from serving?

A: No. The Committee said the role's connection to improving the legal system meant it did not violate Canon 4 C (2) on the facts described.

Q: What limits did the Committee place on the service?

A: It applied Canon 4 A's limits on impartiality, dignity of office, and performance of judicial duties.

Background and rules framework

The Committee discussed the Code's definition of economic interest and Canons 4 B, 4 C (2), 4 C (3), and 4 A. It applied those provisions to the judge's unpaid educational advisory role.

Citations and references

• Arkansas Code of Judicial Conduct Canons 4 A, 4 B, 4 C (2), and 4 C (3).

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-01-01/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

March 19, 2001

The Honorable Xollie Duncan

Chancery and Probate Judge

Benton County Courthouse, Room 309

Bentonville, Arkansas 72712

Re: JEAC Opinion No. 2001-01

Dear Judge Duncan:

You wrote that you have been nominated to the Board of Advisors for Legal Assistants at the Northwest Arkansas Community College. You have stated that this is an unpaid position; that it does not involve the rendering of any legal opinions and that the principal duties of the board are to assist in the selection of curriculum, course material and teaching staff. You stated that you have advised the College that you would be seeking our opinion prior to accepting this position

Service by a judge in connection with educational institutions is mentioned several times in the Code of Judicial Conduct. In the "Terminology" section subparagraph (ii) under the definition of "Economic interest" it states that service by a judge as an officer, director, advisor or other active participation in an educational organization does not create an "Economic interest." Canon 4 B states, "A judge may speak, write, lecture, teach on and participate in other extra judicial activities concerning the law, the legal system, the administration of justice and non-legal subjects, subject to the requirements of this Code." (Emphasis supplied) The Comments under this section state in part, " As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice. To the extent that time permits, a judge is encouraged to do so, either independently or through a bar association, judicial conference or other organization dedicated to the improvement of the law."

We understand that the College is a State institution but since your service on the Board of Advisors is in connection with the improvement of the legal system we do not believe that this would violate Canon 4 C (2). Canon 4 C (3) states, "A judge may serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, fraternal or civic organization not conducted for profit..." subject to the other requirements of the Code and certain limitations that do not apply here.

"Complete separation of a judge from extra-judicial activities is neither possible nor wise; a judge should not become isolated from the community in which the judge lives." (Commentary to Canon 4 A) We are of the opinion that your service on the board as described in your letter will not violate the Code of Judicial Conduct so long as you conduct this and all of your extra-judicial activities so that they do not: (1) cause reasonable doubt on your capacity to act impartially as a judge; (2) demean your judicial office; or (3) interfere with the proper performance of your judicial duties. (Canon 4 A)

Sincerely,

Edwin Alderson

For the Committee