What did the Committee say about a judge testifying in a later perjury trial involving testimony heard in the judge’s earlier case?

Plain-English summary

A municipal judge asked whether he could testify against a defendant in a later perjury trial about testimony from a case the judge had tried. The Committee assumed the later proceeding would be in a different court.

The opinion identified then-current Canon 2 B’s restriction on voluntary character-witness testimony and Canon 2 A’s requirement to respect and comply with the law. It answered that, if subpoenaed before another court, the judge should follow the law and the Judicial Code. It did not decide a broader question about voluntarily testifying.

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 Committee say the judge could testify voluntarily?

A: It addressed the situation of a subpoena and did not give a general answer about voluntary testimony.

Q: Did the opinion assume the perjury case was before the same judge?

A: No. The Committee expressly assumed that the later trial would be in another court.

Background and rules framework

The Committee cited Arkansas Code of Judicial Conduct Canons 2 B and 2 A. Its response was limited to a subpoenaed judge’s conduct in another court.

Citations and references

• Arkansas Code of Judicial Conduct Canons 2 B and 2 A.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-01-04/

Original opinion text

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

August 16, 2001

The Honorable Peter DeStefano

Municipal Judge

Newton County Municipal Court

Post Office Box 550

Jasper, Arkansas 72641

Re: Advisory Opinion # 2001-04

Dear Judge DeStefano:

In your request for an opinion dated July 30, 2001 you asked:

"After a Judge has conducted a trial and convicted a Defendant of certain charges, can the Judge then testify against the same Defendant in a subsequent perjury trial concerning the Defendant's testimony in the first trial?"

In responding we have made the obvious assumption that the perjury trial is not in your court.

The only provision in the Arkansas Code of Judicial Conduct that deals directly with a judge testifying in court is Canon 2 B which states in part that "A judge shall not testify voluntarily as a character witness." Canon 2 A provides that "A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

If subpoenaed to testify before another court you should simply abide by the law and by the Arkansas Code of Judicial Conduct.

Very truly yours,

Edwin B. Alderson, Jr.

for the Committee