Could an Arkansas judge teach as an adjunct in a college paralegal program?

Plain-English summary

A circuit judge asked whether he could teach in Shorter College’s paralegal program. The submitted curriculum covered basic law, procedure, research, court structure, and legal process.

The Committee found no Canon 4 conflict in teaching those subjects. It noted that outside activity could not interfere with judicial duties and that compensation had to meet the Code’s reasonableness and appearance conditions.

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 permit the proposed adjunct teaching?

A: Yes. It said the described course areas did not conflict with Canon 4.

Q: Did the opinion permit any compensation?

A: It allowed compensation only if reasonable, comparable to others’ pay, and free of an appearance of impropriety or influence.

Background and rules framework

The opinion applied then-current Canon 4(B) on teaching law and related subjects and Canon 4(A)(3) on interference with judicial duties.

Citations and references

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

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-95-05/

Original opinion text

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

September 29, 1995

Honorable Morris W. Thompson

Circuit Judge, Sixth Judicial District

Pulaski County Court House

Little Rock, AR 72201

RE: Advisory Opinion 95-05

Dear Judge Thompson:

Your letter of September 20, 1995 asks whether the Arkansas Code of Judicial Conduct permits you to accept and teach in an adjunct capacity in Shorter College's Paralegal Program. You have submitted a curriculum reflecting a course of study involving basic concepts of substantive and procedural law, research, court structure and organization, legal process, and the like, designed to prepare individuals for paralegal and related occupations.

Canon 4(B) provides that a judge Amay speak, write, lecture, teach on and participate in other extra-judicial activities conveying the law, the legal system, the administration of justice and non-legal subjects, subject to the requirements of the Code. The commentary to canon 4(B) reads (in part):

as a judicial officer and person 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.

It should be noted that Canon 4(A)(3) provides that such extra-judicial activities should not be permitted to Ainterfere with the proper performance of judicial duties. Moreover, a judge may be compensated for such activities so long as the compensation is reasonable, does not exceed what others would receive for comparable services, and does not give the appearance of impropriety or of influencing the judge's judicial duties.

In the opinion of the Judicial Ethics Advisory Committee, it would not conflict with Canon 4 for you to teach in the areas designated.

Yours very truly,

Steel Hays

For the Committee