May a judge serve on a public technical college advisory committee that recommends curriculum and program changes?

Plain-English summary

A judge asked about joining a public technical college committee that recommended curriculum changes and helped with planning. The Committee distinguished this advisory role from membership on a public institution’s governing board.

It treated the described activities as more educational than governmental and applied Canon 4C(3), not the government-committee bar in Canon 4C(2). It found no Code obstacle if the judge could satisfy Canon 4C(3)’s other limits.

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 public status of the college automatically bar all committee service?

A: No. The Committee differentiated this advisory committee from a governing board.

Q: Was the approval unconditional?

A: No. The judge still had to satisfy Canon 4C(3)’s limitations.

Background and rules framework

The opinion compared then-current Canon 4C(2), covering governmental appointments, with Canon 4C(3), covering certain educational activities.

Citations and references

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

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-95-03/

Original opinion text

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

March 16, 1995

The Honorable Stephen Choate

Circuit/Chancery Judge

P. O. Box 525

Heber Springs, AR 72543

Re: JEAC #95-3

Dear Judge Choate:

Gateway Technical College is a public institution, and with that information added to your opinion request we conclude that Canon 4C(2) of the Code of Judicial Conduct is the governing standard to your request, viz:

4C(2). A judge shall not accept appointment to a government committee or commission, or other governmental position that is concerned with issues of fact or policy on matters other than the improvement of the law.

The Commentary to this provision specifically states that a judge shall not serve on the board of a public educational institution (unless it is a law school). Your question is whether you may serve on an Advisory Committee, as opposed to a governing board. The Advisory Committee Handbook of this institution which you attached to your letter to us, and which details the activities of this Committee upon which you have been invited to serve as a member, suggests that its role is to recommend changes in the college curriculum, assist in planning, and generally offer suggestions to the college authority. Although political activity is not anticipated, support of the program at the local level may be.

We view the activities of this Advisory Committee, as described, as falling under the provisions of Canon 4C(3) in that it is more educational and less governmental. If you are able to satisfy the limitations set out in Canon 4C(3) we find no Canon barrier to your serving on this Committee, as described.

Yours very truly,

Bruce T. Bullion

for the Committee