May a full-time judge accept a Judicial Fellow title from a trial-lawyers association?

Plain-English summary

Three judges asked whether they could accept Judicial Fellow recognition from the Association of Trial Lawyers of America, including free publications and convention registration. The Committee treated the public affiliation as equivalent to membership in an organization that consistently takes one side in legal issues.

It concluded that a full-time judge could not accept that public and continuing identity, regardless of dues or the label used. It separately said a judge could receive the publications, attend with complimentary registration, and speak at programs.

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: Would waiving membership dues change the result?

A: No. The Committee said its prohibition on public affiliation applied whether or not dues were charged.

Q: Could a judge still receive publications or speak at programs?

A: Yes. The opinion specifically allowed free publications, complimentary convention registration, and speaking at programs.

Background and rules framework

The Committee applied then-current Canons 2 and 4 on appearance of impropriety and impartiality. It relied on its earlier Opinions 99-04 and 99-07 about affiliations with organizations favoring one side of legal disputes.

Citations and references

• Arkansas Code of Judicial Conduct Canons 2 and 4.
• Arkansas JEAC Opinions 99-04 and 99-07.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-01-02/

Original opinion text

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

April 5, 2001

Honorable Rice Vanausdall

Circuit/Chancery Judge

P. O. Box 500

Harrisburg, AR 72432

Honorable Howard Templeton

Chancellor, 1st Division

P. O. Box 1404

Jonesboro, AR 72403

Honorable Vic Fleming

L R Municipal Court, 2nd Division

600 W. Markham Street

Little Rock, AR 72201

RE: Advisory Opinion # 2001-02

Dear Judges Vanausdall, Templeton and Fleming:

You have asked about the propriety of being a "Judicial Fellow" of the Association of Trial Lawyers of America. ATLA's letter to you, which you provided us, asks you to "accept recognition by ATLA as a Judicial Fellow." ATLA offers you a complimentary subscription to Trial magazine and complimentary registration for ATLA conventions.

This Committee has previously dealt with this issue in Advisory Opinions 99-04 and 99-07. We conclude that a full-time judge could not be a member of ATLA or any other organization that outwardly favors one side or consistently takes one side in legal issues. To do so would violate the prohibition against the "appearance of impropriety" contained in Canon 2 and might raise doubt on the judge's ability to decide impartiality as required by Canon 4. The prohibition applies regardless of whether membership dues are required.

ATLA's letter recognizes our concerns. Its closing paragraph states that "several supreme courts have ruled it unethical for judges to join organizations that represent a single side in legal disputes." However, we see no difference in being a member of ATLA, a "Judicial Fellow of ATLA", or any other appellation that ATLA may conceive. Such an outward association does not encourage the integrity and independence of the judiciary.

We emphasize again that any judge may receive free publications from ATLA, may accept complimentary registration at ATLA conventions, and may speak at ATLA programs. But public and ongoing identification as a member, fellow, or supporter, no matter what phrase is used, is inappropriate.

Sincerely,

Howard W. Brill

for the Committee