Arkansas Judicial Ethics Advisory Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Arkansas Judicial Ethics Advisory Committee, with full citations and source links on every page.
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May a judge teach evening university courses and be paid as an adjunct professor?
The Committee concluded that the Judicial Code permits university teaching and compensation on the same basis as a nonjudge, subject to its limits on outside activity; it did not decide the separate…
May a judge serve on the board of a country club that does not practice invidious discrimination?
The Committee found no canon barring the proposed board service if the club did not practice invidious discrimination, while stressing that the judge must assess how the club selects members.
May a judge write a letter to another judge who is sentencing a defendant at the defendant's request?
The Committee concluded that a judge should not write the proposed sentencing letter because it would lend judicial office's prestige to another person's private interest.
Could a state supreme court justice issue a press release about a pending federal criminal case involving allegations about the court?
The Committee said the justice could not comment at that time, even by written press release after trial, because criminal proceedings or appeals could remain pending or impending.
Was a special judge automatically disqualified when a lawyer in his firm was married to the prosecutor appearing before him?
No. The Committee said the family connection did not require automatic recusal, but recommended disclosure on the record so the defense could consider a motion.
Did a judge’s spouse soliciting local businesses for her employer create an immediate judicial-ethics problem?
The Committee saw no immediate problem in the work described, while explaining that later cases involving solicited businesses could raise impartiality and disqualification questions.
Could a part-time municipal judge also prosecute for a different city?
The Committee said neither Arkansas law nor the then-current Code categorically barred an assistant city attorney in one city from serving as a part-time municipal judge in another, while…
Could a part-time municipal judge also remain civil attorney for the same county?
The Committee could not prohibit the dual roles under the Code but called them unwise and imprudent, identifying possible conflicts and recusal needs despite an agreed case assignment.
Could a municipal judge hire the city attorney’s secretary independently and work separately for the same client?
The Committee allowed independent secretarial services after a genuine end to shared finances and offices, and saw no Code violation in separate work for the same client under the stated conditions,…
Could an appellate judge serve as a juror, and would jury-panel service require automatic recusal from later appeals?
The Committee found no Code restriction on a judge serving as a juror and no automatic disqualification merely from appellate review of cases associated with that jury panel.
Did a judge have to recuse when his self-employed spouse kept books for an attorney appearing before him?
The Committee found no reasonable appearance of conflict on the described limited, independent-contractor bookkeeping facts.
Could a part-time judge finish criminal-defense matters already underway when Opinion 98-02 restricted future representations?
The Committee allowed completion of the pending representations because Opinion 98-02 applied prospectively, but said the judge should decline such matters afterward.
Could a part-time municipal judge defend criminal cases against a prosecutor who also appeared before that judge?
The Committee said the judge should decline criminal defense representation within the prosecutor’s jurisdiction because opposing an attorney who also appears before the judge creates an appearance…
Could a judicial candidate campaign on specific plea-agreement terms he intended to require?
The Committee allowed statements about uniform court forms and general rehabilitation goals but barred announcing specific terms he would consider putting into plea agreements.
Could a part-time municipal judge hear cases prosecuted by an assistant to a city attorney with whom the judge shared business ties?
The Committee said hearing those cases would violate Canon 3E even if the attorney stopped a monthly payment but the office-sharing relationship continued.
Could a part-time municipal judge represent the same city in civil cases outside his own court?
The Committee concluded that representing the city he served as judge was inappropriate in any forum because it could undermine the appearance of impartiality, although his part-time status allowed…
What did the Committee say about recusal when a lawyer appearing in court rented office space from the judge?
The Committee said the ongoing landlord relationship called for recusal when the lawyer appeared, with disclosure and possible waiver under Canon 3F as an alternative.
Could a justice write an unsolicited recommendation for a prospective federal judge?
The Committee permitted the contemplated letter if the justice had adequate personal knowledge and no undue intent to capitalize on judicial prestige; it did not require waiting for an official inquiry.
Did a judge need to recuse from future cases involving a defendant who had sought recusal in one case?
The Committee saw no basis for recusal absent a specific Canon 3(E) ground or other material evidence of bias, on the facts the judge supplied.
Must a judge recuse when a lawyer appearing before him rents in an office building he partly owns?
The Committee required recusal for cases involving an attorney tenant even when another partner managed the building and the judge had no direct tenant dealings, subject to Canon 3F disclosure and waiver.
Could an appellate judge hire the incoming chief justice’s second cousin as a law clerk?
The Committee found no nepotism bar if the individual judge hired solely on merit and independently, without a collective hiring process.
Must a judge recuse when the lawyer appearing before her is married to her court reporter?
The Committee found no required disqualification on the stated facts but said the judge should disclose the court reporter’s relationship with counsel on the record in each such case.
Could an unopposed judicial candidate continue working as a deputy prosecutor until taking the bench?
The Committee found no Code provision barring the candidate from completing her prosecutorial work before taking office, while identifying disqualification issues for her later judicial service.
Could an Arkansas justice coauthor a practical guide for lawyers and allow the publisher to use his credentials in marketing?
The Committee found no improper use of judicial prestige or apparent doubt about impartiality in the unpaid book project and its stated marketing and contributor arrangements.
Could a part-time judge allow his face to appear in a restaurant mural based on a famous painting?
The Committee found no Code violation in the described mural, where the judge’s face appeared without identification, payment, or a depiction demeaning judicial office.
When did the 1996 opinion say an unopposed judicial candidate’s committee must stop soliciting contributions?
The Committee allowed solicitation for 45 days after the later filing deadline for party or independent candidates when no primary opponent emerged, resolving an ambiguity in the then-current Canon 5.
Could a judge-elect remain on the Arkansas State Parks and Tourism Commission after taking the bench?
The Committee said the judge-elect had to resign from the commission before assuming judicial office because its policy and budget work concerned matters outside the law and justice system.
What compensation and referral payments could a lawyer receive after leaving a firm to become a full-time judge?
The Committee allowed payment for work valued before departure, barred payment based on firm work performed afterward and paid referrals, and required recusal from matters involving the former firm…
Could a juvenile judge serve on a board allocating funds for juvenile services?
The Committee concluded that the described planning board service was allowed because the agency, not the judge, selected each juvenile’s service provider; it left room for occasional recusal from…
Did a judge have to disqualify when a deputy prosecutor appearing before him was his part-time secretary’s uncle?
The Committee said the stated relationship did not require disqualification absent other qualifying factors, while declining to answer the broader question for all employee-lawyer relationships.
Could an Arkansas judge teach as an adjunct in a college paralegal program?
The Committee found that teaching the described law and legal-system courses did not conflict with Canon 4, subject to the stated limits on judicial duties and compensation.
What support could a 1995 Arkansas judicial candidate personally seek, and what had to go through a campaign committee?
The Committee barred personal solicitation of contributions or publicly stated support, while allowing requests for general support and a campaign committee to seek funds and public endorsements…
May a judge serve on a public technical college advisory committee that recommends curriculum and program changes?
The Committee found no Code barrier to the described advisory service if the judge met Canon 4C(3)’s limits, distinguishing it from serving on a public college governing board.
What did the superseded 1995 opinion say about a judge’s recommendation letter on judicial letterhead?
The 1995 opinion allowed personal-stationery recommendation letters but rejected judicial letterhead for them; the official page says a later amendment to Canon 2(B) commentary overturned that answer.
Must a judge recuse from cases handled by a lawyer who merely shares office space with the judge’s brother-in-law?
The Committee said recusal was not required on the stated facts because the lawyers had separate practices, unless other circumstances reasonably called the judge’s impartiality into question.
Did a justice’s small indirect interest in AT&T through an estate-held investment fund require recusal from an AT&T-related case?
The Committee concluded that the described indirect fund interest was de minimis and did not require recusal on the facts supplied.
Could a judge hear urgent juvenile cases when the prosecutor appearing before him was campaigning for his seat?
The Committee said the narrow rule of necessity could permit the judge to hear matters when no practical substitute was available, but it did not authorize him to hear every case involving his…
Must a sitting judge recuse when an attorney appearing before the judge is campaigning against that judge, even without an objection?
The Committee affirmed that recusal was the judge’s own duty when an attorney appearing before the judge was the judge’s election opponent; it rejected a rule requiring a party to object first.
May a judge publicly take a position on a proposed amendment changing judicial elections and terms?
The Committee said the judge could take a public stand because the proposed amendment to judicial elections and terms directly concerned the legal system and administration of justice.
May a judge speak at a church banquet when ticket proceeds will fund scholarships after expenses?
The Committee concluded that the judge could not be the speaker at the described scholarship fundraiser; a concurrence said the result depended on whether proceeds exceeded actual event costs.
May a judge publicly support or oppose a sales-tax measure funding a new courthouse and jail?
The Committee said the Code permitted the judge to take a public stand and join a committee for the courthouse tax measure, subject to limits on the committee’s fundraising.
Must a judge recuse when a lawyer opposing the judge for reelection appears in court?
The Committee said the judge should disqualify from all cases in which the announced lawyer-opponent appeared.
Could a judge serve on a club committee seeking government bond or tax revenue for a new building?
The Committee said the judge could not serve on the described fundraising committee, as chair or member, and noted that the governments approached were likely litigants in his court.
May a retired judge participate in a nephew’s judicial campaign while receiving judicial retirement pay?
The Committee said a retired judge outside judicial service was not covered by the Code’s judicial-service categories and could take part in the campaign on the same terms as another attorney.
Could a judge play in bands during a public-radio fundraiser when donors would not know a judge was performing?
The Committee said the judge’s unannounced band performance did not violate the Code on the stated facts, distinguishing an earlier fundraiser where judges’ participation was publicized.
Could a juvenile-court judge sit on the board of a nonprofit that operated a state-contracted juvenile program?
The Committee concluded that the described nonprofit board service was permitted, subject to fundraising limits and withdrawal if the organization was likely to appear before the judge.
Could judicial campaign committees retain surplus funds for a future election under the 1993 Code?
The Committee concluded that then-current Canon 5C(2) did not permit a judicial campaign surplus to remain; it declined to decide whether statutes or other law conflicted with that canon.
Could judges publicly play in a softball event where spectators pledged charitable donations for runs scored?
The Committee concluded that publicized participation by judges in the described fundraising softball game would violate the Code, while attendance and donations remained permissible.
Could a part-time judge privately represent a client against a person who owed fines to the judge’s court?
The Committee said the judge should not accept either proposed private matter because judicial control over the opposing party’s fines created an appearance concern and future recusal risk.
Could a judge serve on a state hospital advisory committee for a forensic mental-health program?
The Committee concluded that service on the described state hospital committee would violate the then-current Code’s restriction on government committee appointments.
Did the 1993 Judicial Code’s campaign-surplus rule reach funds accumulated before that Code was adopted?
The Committee said Canon 5C(2) applied to campaign surpluses regardless of when they accumulated, while declining to decide conflicts with statutes or other law.
Must a judge recuse from every Attorney General case because her sister works in that office but does not work on the case?
The letter expressed the view that the sister’s employment alone did not require recusal from an Attorney General case when she neither appeared nor helped prepare it; additional facts could change…
Could an Arkansas judge who holds an elected judicial office buy a ticket to and attend a presidential inaugural ball?
The Committee said judges whose offices were filled by election could buy tickets and attend the inaugural balls, regardless of how the admission receipts were used.
May a judge officiate school football games in the evening for modest compensation?
The Committee concluded that the described evening officiating for less than $50 per game did not violate the Code, subject to limits on dignity, judicial duties, and reasonable compensation.
Must a judge recuse from cases handled by colleagues of a lawyer representing the judge in the judge’s own lawsuit?
The majority concluded that the judge should recuse from cases involving any lawyer in his own counsel’s five-lawyer firm while his suit was pending and for a reasonable time afterward; it found the…
Could a judge speak at a college dinner if ticket proceeds would also fund future educational programs?
The Committee said the then-current Canon 5B(2) barred a judge from speaking if even an incidental purpose was to raise a fund for future college programs; it could not decide the event’s actual…
Would the Committee issue an advisory opinion on a recusal motion already pending before a municipal judge?
The Committee declined to answer a request concerning a pending recusal motion, treating it as a legal issue for an adversarial proceeding rather than advisory review.
How did the Committee address a judge’s bank board seat and judicial matters involving relatives?
Under the then-current Code, the Committee allowed bank advisory-board service subject to conflict limits, required disqualification from matters involving the judge’s brother-in-law or brother, and…
May a judge personally solicit public donations for a legal association’s event?
The Committee said a judge could help plan fundraising and suggest donors but could not personally solicit public donations, including by telephone, letter, or private approach to a single donor.
Did the Committee decide whether a judge’s past public remarks required blanket recusal from future cases involving particular litigants?
The Committee declined to decide future recusal or blanket-disqualification questions, treating them as legal issues for the trial court, litigants, and appellate review.
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Legal ethics opinions from the Arkansas Judicial Ethics Advisory Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.